Drug War Chronicle

comprehensive coverage of the War on Drugs since 1997

Chronicle AM: MJ Taxes Could Generate Billions, Canada to Allow Prescription Heroin, More... (5/16/16)

A Tax Foundation study finds that legal pot could generate $28 billion a year in tax revenues, CBD cannabis oil isn't enough for Oklahoma medical marijuana activists, Canada will allow prescription heroin, and more.

DC activists and veterans head for the White House next week to press for end to marijuana prohibition. (Adam Eidinger/Twitter)
Marijuana Policy

Study Finds Legal Marijuana Could Generate Billions a Year in Tax Revenues. A new report from the Tax Foundation estimates that a nationwide "mature marijuana industry" could generate up to $28 billion a year in federal, state, and local tax revenues. That would include $7 billion for the feds, $5.5 billion in business taxes, and $1.5 billion from income and payroll taxes. The report also estimated that a 10% federal surtax could generate $5.3 billion a year.

Veterans, DC Activists to Rally at White House on May 20. Organizers with the Weed For Warriors Project and the DC Cannabis Campaign are planning to rally in front of the White House to call on the Obama administration to end federal marijuana prohibition. The date, May 20, marks the 124th anniversary of the birth of arch-prohibitionist and proto-drug warrior Harry Anslinger, head of the Federal Bureau of Narcotics for three decades in the mid-20th Century.

Medical Marijuana

Montana Medical Marijuana Supporters Appeal to US Supreme Court. The Montana Cannabis Industry Association last Thursday filed a petition with the US Supreme Court seeking to reverse a state Supreme Court decision that guts the state's once-thriving medical marijuana industry. Petitioners argue that the state Supreme Court mistakenly held that marijuana is universally illegal under federal law and point to the Obama administration's decisions to allow states to implement their own marijuana laws.

Oklahoma Governor Signs CBD Cannabis Oil Bill. Gov. Mary Fallin (R) has signed into law a CBD cannabis oil expansion bill. Last year, the state approved the use of the oil, but only for people under 18. This bill removes that age restriction.

Oklahoma Medical Marijuana Advocates Begin Initiative Signature Gathering Campaign. CBD cannabis oil isn't enough for Oklahomans for Health, which began gathering signatures over the weekend for a full-blown medical marijuana initiative. The group has 90 days to gather 66,000 valid voter signatures to get the measure on the November ballot.

Heroin and Prescription Opioids

Congress Passes Comprehensive Addiction and Recovery Act. Both houses of Congress have approved the measure, Senate Bill 524 and HR 953, which now goes to President Obama. The bill would expand the availability of naloxone, increase prescription drug monitoring programs, increase jail- and prison-based drug treatment, and bar the Education Department from asking about drug convictions on federal student loan application forms, among other provisions. The bill does not include extra funding to pay for its measures.

Obama Administration Calls on Congress to Fund $1.1 Billion for Opioid Effort. Last Thursday, as Congress was passing the Comprehensive Addiction and Recovery Act, the Obama administration noted that Congress didn't allocate money to pay for it and called on Congress to come up with $1.1 billion in additional spending to do so.

International

Canada to Allow Prescription Heroin. Health Canada announced Friday that it is proposing new regulations to allow access to prescription heroin under its Special Access Program (SAP). That program allows for emergency access to drugs for serious or life-threatening conditions when conventional treatments have failed or are unsuitable. "A significant body of scientific evidence supports the medical use of diacetylmorphine, also known as pharmaceutical-grade heroin, for the treatment of chronic, relapsing opioid dependence. Diacetylmorphine is permitted in a number of other jurisdictions, such as Germany, the Netherlands, Denmark, and Switzerland, to support a small percentage of patients who have not responded to other treatment options, such as methadone and buprenorphine," the statement said.

Macedonia Will Have Medical Marijuana by Month's End. Health Minister Nikola Todorov said Saturday that medical marijuana products will be in pharmacies across the country by the end of the month. The country had earlier amended its Law on the Control of Drugs and Psychotropic Substances to allow the move.

In Cutting Edge Move, Canada to Allow Prescription Heroin

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

Health Canada announced Friday that it is proposing new regulations to allow access to prescription heroin under its Special Access Program (SAP). That program allows for emergency access to drugs for serious or life-threatening conditions when conventional treatments have failed or are unsuitable.

Health Canada clears the way for prescription heroin. (Wikmedia/Creative Commons)
"A significant body of scientific evidence supports the medical use of diacetylmorphine, also known as pharmaceutical-grade heroin, for the treatment of chronic, relapsing opioid dependence. Diacetylmorphine is permitted in a number of other jurisdictions, such as Germany, the Netherlands, Denmark, and Switzerland, to support a small percentage of patients who have not responded to other treatment options, such as methadone and buprenorphine," the statement said.

The move is yet another reversal of hardline Conservative drug policies by the Liberal government headed by Prime Minister Justin Trudeau, which was elected last fall. The Trudeau government has pivoted sharply away from Conservative positions in favor of mandatory minimum drug sentences and against marijuana legalization, and now is moving to undo Conservative efforts to block the limited use of prescription heroin.

Canadian scientists had laid the groundwork for prescription with the North American Opiate Medication Initiative (NAOMI), which first tested "heroin-assisted maintenance" in Vancouver a dozen years ago, and which was followed by the Study to Assess Long-Term Opioid Maintenance Effectiveness (SALOME) between 2005 and 2008. SALOME examined whether giving hard-core heroin users heroin was more effective than giving them methadone.

SALOME showed that the users in the study were more likely to stay in treatment, reduce other illegal drug use, engage in fewer other illegal activities and have better physical and mental health outcomes if given heroin than if given methadone. But when that study ended in 2008, researchers were faced with the ethical dilemma of cutting off the patients whose lives were being improved by prescription heroin.

The doctors began applying for, and receiving, permission under the Special Access Program, and Health Canada approved those applications in 2013. But that infuriated the Conservatives, and then-Health Minister Rona Ambrose introduced new regulations to bar doctors from prescribing "dangerous drugs" such as heroin, cocaine, and LSD.

Former SALOME participants launched a constitutional challenge to the ban and in 2014 won a temporary injunction giving them the right to continue to receive prescription heroin while the case was being decided. Now, with Health Canada's move, the federal government will no longer attempt to block prescription heroin.

That was good news for the Pivot Legal Society, which argued the case for continuing the prescriptions, and for Providence Health Care, in whose Crosstown Clinic in Vancouver's Downtown Lower East Side the heroin was administered.

"Allowing access to diacetylmorphine, or medical heroin, to patients who need it, ensures that life-saving treatments get delivered to vulnerable people suffering from chronic opioid use," the two groups said in a joint statement.

Canada is leading the way on cutting edge responses to heroin addiction in North America. In addition to the groundbreaking NAOMI and SALOME studies, which cannot be replicated in the US under current law and regulations, Canada has also had safe injection sites operating in Vancouver for more than a decade. We still don't have any of those in the US.

Ottawa
Canada

Chronicle AM: ME Poll Has 55% for Legalization, Indonesia Executing More Drug Prisoners, More... (5/13/16)

A new Maine poll has majority support for legalization, Indonesia is about to execute more drug war prisoners, and more.

Marijuana Policy

Maine Poll Has Support for Legalization at 55%. A new Critical Insights tracking poll finds solid majority support for marijuana legalization six months before Maine voters head to the polls to vote on the initiative from the Campaign to Regulate Marijuana Like Alcohol. A question asking whether respondents whether they favored a law allowing marijuana to be "legalized, taxed, and regulated by adults 21 and over" got the 55%, but a second, more generic question, scored even higher at 59%. These poll results are similar to a March poll that had support for legalization at 54%.

International

Indonesia Gears Up to Execute More Than a Dozen Drug War Prisoners. Five nationals and 10 foreigners face imminent execution for drug crimes, according to local media accounts, lawyers, and activists. Last year, Indonesia attracted international condemnation for executing 12 foreigners and two Indonesians for drug crimes, but now the government of President Joko Widodo is doubling down.

Toronto Looks to Crack Down on Pot Shops. Mayor John Tory this week sent a letter to the municipal licensing committee looking for options to regulate the hundreds of pot shops that have opened in the city since the Liberals announced they were moving ahead with plans to legalize marijuana. Only two other Canadian cities, Vancouver and Victoria, both in British Columbia, have moved to regulate the dispensaries. "Left unaddressed, the number of these dispensaries will only increase," Tory wrote. "This proliferation brings with it potential health risks for individuals who patronize dispensaries where the substance for sale is completely unregulated."

Chronicle AM: Millions Would Grow Pot If They Could, Hemp Returns to WV, More... (5/12/16)

Congress acts on opioid and drug trafficking bills, million want to grow pot if it's legal, a CBD cannabis oil bill moves in Louisiana, a medical marijuana bill is killed in Missouri, and more.

Safe injection sites are coming to Ireland. (vch.ca)
Marijuana Policy

Millions of Americans Would Grow Pot at Home If It Were Legal, Survey Finds. A new Harris Poll conducted for Green State Gardener has found that a whopping 44.5 million adult Americans would grow their own at home if it were legal. That's 18% of all adults, up from 10% only last year. "A year or two of research doesn't establish a trend yet, but the jump in these numbers is pretty significant," said industry analyst Bruce Butterfield. "The largest number of adults most likely to grow marijuana themselves is 18 to 34 year olds, followed by baby boomers aged 55-plus." The poll also found that 59% said marijuana should be legal, in line with other recent polls showing consistent, if narrow, majorities for legalization.

Medical Marijuana

Louisiana Houses Passes CBD Cannabis Oil Expansion Bill. The House approved Senate Bill 271 Wednesday, but because it amended it, the bill must now go back to the Senate for a final vote. Last year, legislators legalized CBD cannabis oil, but only for a handful of conditions. This bill expands those conditions to include seizure disorders. No one can currently use CBD cannabis oils because the legislature is still figuring out how to regulate them.

Missouri House Rejects Medical Marijuana Bill. The House Wednesday killed the bill on a 71-85 vote. That leaves an open path for a medical marijuana initiative whose supporters have handed in signatures and are awaiting confirmation that the initiative has qualified for the November ballot.

Ohio Poll Has Overwhelming Support for Medical Marijuana. A new Quinnipiac University poll has support for medical marijuana at very high 90%. The poll comes as a restrictive medical marijuana bill is working its way through the legislature and as a medical marijuana initiative is in the signature-gathering phase. The poll also asked about support for legalization, which came in at 52%.

Industrial Hemp

West Virginia to See First Legal Hemp Crop Since World War II. Scientists with West Virginia University are set to plant hemp next week in Morgantown as part of a research study on phytoremediation (reinvigorating depleted or polluted soils). The second phase of the study will explore hemp's industrial applications.

Drug Policy

House Passes 10-Bill Package Aimed at Opioid Addiction. The House Wednesday approved 10 bills that are part of an 18-bill legislative package designed to fight opioid addiction. One bill would concentrate on best prescribing practices for opioids, another would provide funding for care for babies of mothers addicted to opioids. The rest of the package is due for consideration today or tomorrow.

Congress Passes Transnational Drug Trafficking Act. The act, Senate Bill 32, now heads to the White House for President Obama's signature. The bill would criminalize foreign drug manufacturers if they intend, know, or have probable cause to believe the substance will be illegally imported into the US. It would also increase penalties for trafficking in counterfeit drugs.

International

Irish Government Makes it Official: Safe Injection Sites Are Coming. The government released its Program for Government Tuesday, and the document commits the Fine Gael-led administration to supporting "a health-led rather than a criminal justice approach to drug use, including legislation for injection rooms."

Chronicle AM: Racial Disparities in CO Pot Arrests Persist, NH Decriminalization Moves, More... (5/11/16)

A new poll has good news for Florida's medical marijuana initiative, pot decriminalization is one Senate vote away in New Hampshire, and more. 

Marijuana Policy

Colorado Racial Disparities in Teen Marijuana Arrests Worsen After Legalization.  Teen marijuana arrests actually increased after legalization in Colorado, and so did racial disparities among those arrested, according to a new state report.  White juvenile arrests dropped by 8%, while Latino arrests increased by 29% and black arrests increased by 58%. Among adults, marijuana arrests have decreased by nearly half, but racial disparities among those arrested grew slightly worse. In 2012, black people got busted at a rate almost double that of whites; in 2014, the rate was almost triple.

Florida Poll Has Majority Support for Legalization, Overwhelming Support for Medical Marijuana. A new Quinnipiac University poll has support for pot legalization at 56% and support for medical marijuana at 80%. Legalization isn't on the immediate horizon in the Sunshine State, but a medical marijuana initiative will be on the November ballot. A similar initiative was defeated in 2012 with 58% of the vote; it needed 60% to win because it was a constitutional amendment.

New Hampshire House Passes Decriminalization Bill. The House Wednesday voted 289-58 to approve Senate Bill 498, which was amended in committee to include provisions that would decriminalize the possession of up to a quarter ounce of marijuana.  The bill now goes back to the Senate for approval. 

International

Myanmar Opium Farmers Call for End to Eradication Until Alternatives are Found. The 4th Annual Myanmar Opium Farmers' Forum ended Monday with a call for recognition of the struggles of poppy farmers and no crop eradication without alternative development programs in place: "We grow opium because we are poor and do not have other livelihood opportunities to feed our families and send our children to school, as well as for medicinal and traditional uses. We are not involved in the drug trade, we are not criminals, and we are not commercial farmers. Some of us also grow it for traditional and medicinal uses. It is important to differentiate between small-holder farmers like us, and those people who grow opium commercially and/or who invest in it," the farmers said.  "The government should not carry out any force eradication of our opium fields unless and until they have provided access to sustainable crop substitution programmes and alternative livelihoods to our communities. Eradication should especially not take place during the harvest season. By that time we have already invested a lot and also cannot grow another crop anymore that season." Myanmar is the world's second leading producer of opium, behind Afghanistan. 

This Week's Corrupt Cops Stories

A Georgia cop gets nailed for running with the Gangster Disciples, a New Jersey cop gets busted for peddling pot, an Indiana cop gets popped for peddling pills, and more. Let's get to it:

In Atlanta, a former DeKalb County sheriff's deputy was arrested last Wednesday as part of a mass indictment of Gangster Disciples gang members. Deputy Vancito Gumbs is accused of tipping off gang members to police activity, including an October raid on a bar he knew a gang member frequented. The 48 people indicted are charged with a variety of offenses including murder, drug trafficking, extortion, and fraud.  Gumbs resigned from the department in October after he was reported to be using drugs.

In Linden, New Jersey, a Linden police sergeant was arrested last Thursday on charges he was peddling pot. Officer William Turbett III, 30, is charged with fourth-degree distribution of marijuana, as well as pot possession.  Turbett had already been suspended without pay for an unrelated matter. He's now looking at up to 18 months in prison.

In York, Pennsylvania, a York County sheriff's deputy was arrested last Friday on charges he stole drug money from the departmental evidence room. Sgt. Troy Senft is accused of pilfering $760. He is charged with theft, destroying evidence, tampering with evidence, obstruction, and receiving stolen property. He is out on his own recognizance.  The cash was set to be seized, but Senft seized it for himself.

In Indianapolis, a former Anderson police officer pleaded guilty last Wednesday to federal drug possession and distribution charges. Donald Jordan, 52, went down after a confidential informant told police he Jordan had approached him to sell marijuana, then provided him with hydrocodone tablets. That sparked an audit of the department evidence room, where pills and $5,000 in cash turned up missing. He copped to one count of possession with intent to distribute and to distribute Xanax, a Schedule IV controlled substance and one count of distribution and intent to distribute hydrocodone. He's looking at up to 15 years in federal prison. 

Medical Marijuana Update

Missouri looks poised to vote on medical marijuana this fall, Florida looks poised to pass it this fall, an Ohio medical marijuana bill advances, and more.

California

As of Monday, there will be medical marijuana issues on the June ballot in several localities. Two northern California counties and two northern California cities will be voting on medical marijuana-related issues in the June 7 election. In Nevada County, Measure W would prohibit all outdoor marijuana grows and limit indoor grows to 12 plants; in Yuba County, Measure A would allow limited outdoor marijuana cultivation and Measure B would authorize one dispensary for every 20,000 residents; in Sacramento, Measure Y would impose a 5% gross receipts tax on cultivation and manufacturing businesses (requires two-thirds majority); and in Davis, Measure C would allow the city to impose a tax of up to 10% on businesses selling marijuana, although it doesn't currently allow them.

Florida

On Tuesday, a new poll had overwhelming support for medical marijuana and majority support for legalization. A new Quinnipiac University poll has support for pot legalization at 56% and support for medical marijuana at 80%. Legalization isn't on the immediate horizon in the Sunshine State, but a medical marijuana initiative will be on the November ballot. A similar initiative was defeated in 2012 with 58% of the vote; it needed 60% to win because it was a constitutional amendment.

Missouri

On Sunday, New Approach Missouri handed in signatures for a medical marijuana initiative. Supporters of the group's medical marijuana initiative handed in some 260,000 raw signatures. They only need 167,000 valid voter signatures to qualify for the November ballot. Even if 30% of the signatures are disqualified, campaigners would still have enough to qualify.

Ohio

On Tuesday, the House approved a medical marijuana bill. The House voted 71-26 approve House Bill 523. Patients under a doctor's supervision could use marijuana oils, tinctures, edibles, and vapors, but could not smoke it, nor could they grow their own.  The bill specifies 18 conditions for which medical marijuana could be used and now goes to the Senate.  Meanwhile, activists are working to get a more patient-friendly medical marijuana initiative on the November ballot.

 

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

Obama's Effort to Free Drug War Prisoners Hits Bureaucratic Roadblocks [FEATURE]

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

With the sentence commutations announced last week, President Barack Obama has now cut more than 300 harsh drug war prison sentences, more than the previous six presidents combined. Thousands more could be eligible for commutations, but bureaucratic obstacles inside the Justice Department mean the clock could run out before Obama gets a chance to free them.

Thousands could go free with sentence cuts this year -- if bottlenecks are fixed. (nacdp.org)
As part of the Obama administration's emphasis on criminal justice reform and reducing the federal prison population, then Attorney General Eric Holder and Deputy Assistant Attorney General James Cole called on nonviolent federal drug war prisoners to seek clemency in April 2014.

"In 2010, President Obama signed the Fair Sentencing Act, reducing unfair disparities in sentences imposed on people for offenses involving different forms of cocaine, but there are still too many people in federal prison who were sentenced under the old regime -- and who, as a result, will have to spend far more time in prison than they would if sentenced today for exactly the same crime," said Holder at the time. "This is simply not right."

Holder noted that Obama had granted commutation to eight people serving time for crack offenses the previous December.

"The White House has indicated it wants to consider additional clemency applications, to restore a degree of justice, fairness, and proportionality for deserving individuals who do not pose a threat to public safety. The Justice Department is committed to recommending as many qualified applicants as possible for reduced sentences," Holder said.

The mass clemency program is one of Eric Holder's sentencing reform legacies. (justice.gov)
Under Holder's criteria for clemency, low-level drug offenders who had served at least 10 years, had good conduct in prison, had no significant criminal history or connection to gangs, cartels, or organized crime, and who would probably receive a "substantially lower sentence" if convicted of the same offense today would be eligible for sentence cuts.

Of roughly 100,000 federal drug prisoners -- nearly half the entire federal prison population -- more than 36,000 applied for clemency. Many of them did not meet the criteria, but the Justice Department has reviewed nearly 9,500 that did. Of those, only the 306 have actually been granted clemency; applications are still pending for 9,115 more. (An additional 8,000 pending applications are being handled by a consortium of private attorneys, the Clemency Project.)

Many of those might not make it to Obama's desk before the clock runs out on his term because the Justice Department has stumbled in administering the program. Thousands of prisoners doing harsh drug war sentences could lose their chance for early freedom because Justice didn't get around to hiring enough people to handle the flood of applications it generated.

The situation so infuriated Office of Pardons attorney Deborah Leff, who was hired to oversee the project, that she quit earlier this year. Her resignation letter to Deputy Attorney General Sally Yates made it clear why.

Despite her "intense efforts" to do her job, Justice had "not fulfilled its commitment to provide the resources necessary ffor my office to make timely and thoughtful recommendations on clemency to the president," she wrote. "The position in which my office has been placed, asking us to address the petitions of nearly 10,000 individuals with so few attorneys and support staff, means that the requests of thousands of petitioners seeking justice will lie unheard."

It wasn't just that Justice wasn't adequately staffing the pardons office -- it had a total of 10 staff attorneys -- but Yates was overturning the pardon attorneys' recommendations and blocking the office's traditional access to the White House, Leff complained.

"I have been deeply troubled by the decision to deny the Pardon Attorney all access to the Office of the White House Counsel, even to share the reasons for our determinations in the increasing number of cases where you have reversed our recommendations," Leff wrote in her resignation letter to Yates.

US Pardon Attorney Deborah Leff resigned in frustration.
"It is essential that this groundbreaking effort move ahead expeditiously and expand," she wrote, implying that the Justice Department process was stalling justice.

The staffing problems had been apparent early on, which is why the Department turned to the Clemency Project to help out last year. But that effort, which involved some 4,000 attorneys from 30 law schools, 70 large law firms, and more than 500 small firms and solo practitioners doing pro bono work, has also been slow to get rolling.

Now, with the days slipping away and freedom for thousands in the balance, both the Justice Department and the Clemency Project are feeling the heat. White House Counsel Neil Eggleston told the Washington Post last week that many more petitions will be granted in Obama's final months and that the Justice Department has doubled the number of lawyers at the pardon office. And administration officials said that President Obama wants to see more petitions on his desk.

"The President is deeply committed to the clemency initiative. That is evident not only by the historic number of commutations he's granted to date, but by his wholesale approach to revamping the way the government approaches commutations," White House spokeswoman Brandi Hoffine said in a statement.

The Justice Department said it was working hard, too.

"The Justice Department has dedicated the maximum amount of resources allowed by Congress to the Office of the Pardon Attorney, and we have requested additional funds from Congress for each year the initiative has been in place," spokeswoman Emily Pierce said in a statement.

But it may be too little, too late for the thousands of men and women behind bars who could see freedom being waved in front of them only to vanish when the clock runs out, if things don't change quickly.

Washington, DC
United States

Chronicle AM: AAA Slams Per Se Marijuana Drugged Driving Laws, Brit College Hands Out Pill Test Kits, More... (5/10/16)

In a major study, AAA finds no scientific basis for drugged driving laws that assume impairment based on THC levels, Orlando becomes the latest city to downgrade small-time pot possession, the Ohio House approves a medical marijuana bill--but no smoking--an English university begins handing out pill test kits to students, and more.

Pill testing kits distributed by Britain's Newcastle University and its local SSDP chapter. (SSDP Newcastle)
Marijuana Policy

AAA Study: No Scientific Basis for Laws Regulating Marijuana and Driving. A new study from the American Automobile Association's Safety Foundation has found that per se limits (those that base an assumption of impaired driving on a specified level of THC in one's system) are "arbitrary and unsupported by the evidence."  Six states have  per se marijuana impaired driving laws, while nine states have zero tolerance marijuana DUID laws, and the AAA calls for scrapping them. They should be replaced by police officers trained to detect impairment, with a THC test as a back-up, the automobile club said.

Orlando "Decriminalizes" Pot Possession. The city council voted 4-3 Tuesday to adopt a revised measure that makes possession of 20 grams or less of weed a violation of city code. Police officers will have the discretion to issue civil citations instead of arresting violators. The fine is $100 for a first offense, $200 for a second,  and a third offense will generate a mandatory court appearance.  Small-time pot possession remains a misdemeanor under state law.

Medical Marijuana

Ohio House Approves Medical Marijuana Bill. The House voted 71-26 Tuesday to approve a medical marijuana bill, House Bill 523. Patients under a doctor's supervision could use marijuana oils, tinctures, edibles, and vapors, but could not smoke it, nor could they grow their own.  The bill specifies 18 conditions for which medical marijuana could be used and now goes to the Senate.  Meanwhile, activists are working to get a more patient-friendly medical marijuana initiative on the November ballot.

Harm Reduction

Maryland Governor Signs Needle Access Expansion Bill. Gov. Larry Hogan (R) Tuesday signed into law Senate Bill 97, which will allow thousands of Marylanders to access life-saving needle exchange programs.  The bill passed both chambers with overwhelming support. Maryland ranks 2nd nationally in new per capita HIV infections, and needle exchanges are a proven method of reducing and preventing new infections.

International

British University Handing Out Drug Test Kits to Students. In what as described as a first of its kind harm reduction effort, Newcastle University and the local Students for Sensible Drug Policy (SSDP) chapter have joined forces to distribute drug test kits so students can check and see if they drugs they are about to consume are safe or not.  “Although drugs are illegal, statistics suggest lots of young people still use illegal drugs, and that the prevalence of this use is even higher within student communities," said SSDP President Holly Robinson.  “We recognize the safest way to take drugs is not to take drugs but, as some individuals will always choose to take them, we believe it is important to make information and services available to minimise the risks."

Chronicle AM: Global Marijuana Marches, Voters Split on Legalization in MA Poll, More ... (5/9/16)

They marched for weed in Buenos Aires and Rio de Janiero, New York and Toronto, and many other cities; a Massachusetts poll shows a dead heat for legalization there, Missouri looks set to vote on medical marijuana this year, and more.

Marijuana Policy

Massachusetts Poll Shows Voters Evenly Split on Legalization Initiative. A new Suffolk University/Boston Globe poll has a ballot proposal to legalize marijuana trailing narrowly, but within the poll's margin of error. The poll had support at 43%, with 46% opposed. The margin of error is +/- 4.4 percentage points. This is a sobering poll result for legalization fans; initiative experts like to see support in the 60% or above range before a campaign begins.

Medical Marijuana

Medical Marijuana Local Issues on California June Ballot. Two northern California counties and two northern California cities will be voting on medical marijuana-related issues in the June 7 election. In Nevada County, Measure W would prohibit all outdoor marijuana grows and limit indoor grows to 12 plants; in Yuba County, Measure A would allow limited outdoor marijuana cultivation and Measure B would authorize one dispensary for every 20,000 residents; in Sacramento, Measure Y would impose a 5% gross receipts tax on cultivation and manufacturing businesses (requires two-thirds majority); and in Davis, Measure C would allow the city to impose a tax of up to 10% on businesses selling marijuana, although it doesn't currently allow them.

New Approach Missouri Medical Marijuana Initiative Campaign Hands in Signatures. Supporters of the group's medical marijuana initiative handed in some 260,000 raw signatures Sunday. They only need 167,000 valid voter signatures to qualify for the November ballot. Even if 30% of the signatures are disqualified, campaigners would still have enough to qualify.

Drug Testing

Alaska Republicans Endorse Drug Testing Welfare Recipients. At its annual convention at the end of April, the state Republican Party endorsed mandatory drug testing of welfare recipients. The notion was voted in as a plank in the state party platform.

International

Global Marijuana Marches All Over the Place. This past weekend was the date for the annual world-wide Global Marijuana March, and march they did in an estimated 829 cities in 72 countries. Thousands came out in Buenos Aires, thousands more in Rio de Janeiro, thousands more in Cologne, Germany, and an estimated 20,000 in Toronto, among others. The US also saw marijuana marches in Texas and New York City, among other places.

Colombia Authorizes Use of Glyphosate for Manual Coca Fumigation. Less than a year after the country banned the aerial spraying of the herbicide glyphosate to kill coca plants, Colombia's National Narcotics Council has authorized the use of the plant-killer in manual eradication. The move comes as coca cultivation is reportedly on the rise in some parts of the country.

Chronicle AM: VT Legalization Really Dead This Year, Huge Mexican Pot Seizure, More... (5/6/16)

A final nail in the coffin for Vermont legalization this year, the California legalization campaign gets some police support, the Mexican army makes a huge pot bust, and more. 

Part of the 25 tons of marijuana seized from one truck this week by the Mexican Army. (cen.mx)
Marijuana Policy

Some California Law Enforcement Leaders Support Legalization Initiative. As expected, California law enforcement groups are mostly lining up against the Adult Use of Marijuana Act (AUMA) initiative, but there are some significant defections. Former LAPD Deputy Chief Steve Downing was present at the campaign's launch Wednesday, and San Francisco District Attorney (and former San Francisco police chief and LAPD assistant chief) George Gascon is also supportive. When it comes to marijuana legalization in California, there are cracks emerging in the blue wall.

Vermont Legalization Now Even Deader This Year. It's over. Vermont will not legalize pot this year, and now the legislature won't even study it or let voters voice their opinion in a non-binding referendum. The Senate has sent a miscellaneous crime bill back to the House after removing a provision that called for a study commission. The move came after the House refused to pass the legalization bill approved by the Senate, and a frustrated Senate Judiciary Committee Chairman Richard Sears moved to strip all pot-related provisions from the crime bill.

Harm Reduction

Hawaii Overdose Reversal Drug Bill Awaits Governor's Signature. The legislature has approved Senate Bill 2392, which establishes "immunity for health care professionals and pharmacists who prescribe, dispense, distribute, or administer an opioid antagonist such as naloxone hydrochloride to persons who are at risk of experiencing or who are experiencing an opioid-related drug overdose." The bill also mandates Medicaid coverage for the drug, naloxone. Now, the Drug Policy Forum of Hawaii and the CHOW Project (Community Health Outreach Work to Prevent AIDS) are calling on Gov. David Ige (D) to sign the bill.

International

Mexican Army Seizes 25 Tons of Pot From One Truck. Mexico's marijuana industry may be feeling the competition from north of the border, but it isn't gone yet. In a single drug bust that occurred when a truck driver rolled his load trying to avoid a military checkpoint, soldiers scored a whopping 25 tonsof marijuana, with four pounds of meth thrown in as a bonus. The bust took place this week in Huatabampo, Sonora. Authorities believe the load was headed to a Pacific port for shipment north.

Azerbajian Ponders Decriminalizing Drug Possession. Member of Parliament Gudrat Hasanquliyev has proposed a bill to decriminalize the possession of small amounts of drugs for personal use. "It is useless to fill prisons with drug addicts, since the state spends huge funds to detain them," he said. "These people must be sent to mandatory treatment. If there is selling, transporting drugs, such persons must be held criminally responsible. But if the drugs are intended for personal use, it is necessary to legalize the use of drugs by these people."

Chronicle AM: Bumper Afghan Opium Crop, No Monopoly Needed for MJ Research, Says State, More... (5/5/16)

It's harvest time in Afghanistan and the poppy crop is bountiful, the State Department says UN drug treaties don't require a NIDA monopoly on research marijuana, CBD bills get signed by the governor in Alabama and go to the governor in Oklahoma, South Dakota's internal possession law is obstructing sentencing reforms, and more.

It's a bumper crop of opium poppies for Aghanistan this year. (unodc.org)
Marijuana Policy

Massachusetts Legalization Foes Attack Marijuana Potency. The anti-legalization Campaign for a Safe and Healthy Massachusetts, led by Gov. Charlie Baker (R), Boston Mayor Martin Walsh (D), and House Speaker Robert DeLeo (D), is set to make an issue of marijuana potency as it attempts to blunt support for the state's legalization initiative. It's a 21st Century version of former drug czar William Bennett's "not your father's marijuana."

Oregon To Allow Recreational Edibles Sales Beginning in June. The Oregon Health Authority issued draft temporary rules Wednesday that will allow the sale of marijuana edibles to recreational users at medical marijuana dispensaries beginning in June. Recreational pot shops aren't open yet, but adults who want to purchase marijuana have been able to do so at dispensaries. Now, they will be able to buy edibles there, too.

Medical Marijuana

State Department Says NIDA Monopoly on Research Marijuana Unnecessary. The Bureau of International Narcotics and Law Enforcement at the State Department has gone on record stating that the United States could issue multiple licenses for the cultivation of cannabis for medical and scientific purposes without violating the United Nations Single Convention on Narcotic Drugs treaty. The statement came in response to a direct request from Senator Kirsten Gillibrand (D-NY) regarding whether issuing multiple licenses to grow medical marijuana was a violation of the Single Convention. The State Department's interpretation is at odds with that of the Drug Enforcement Administration (DEA) which has always maintained that the treaty only allows a single license, which is granted to the National Institute on Drug Abuse (NIDA). This has created what is referred to as the "NIDA monopoly on cannabis," which has stalled medical cannabis research for years.

Alabama Governor Signs CBD Medical Marijuana Bill. Gov. Robert Bentley (R) Wednesday signed into law "Leni's Law," House Bill 61, which will allow the use of CBD cannabis oil to treat people suffering from debilitating seizures. The bill is named for Leni Young, a child whose family had to move to Oregon because her CBD treatment was illegal in Alabama. The family reports a dramatic reduction in seizures since using cannabis oil.

Oklahoma Legislature Approves CBD Cannabis Oil Bill. The House Wednesday voted 69-14 to approve a bill expanding the medicinal use of CBD cannabis oils. Last year, the state approved CBD cannabis oil, but only for people under 18. This bill, which now awaits the governor's signature, removes that age restriction.

Heroin and Prescription Opioids

Connecticut Bill Would Increase Penalties for Synthetic Opioids. The legislature is considering House Bill 5524, which changes the definition of narcotic substances to include fentanyl and its derivatives. This would expose fentanyl sellers to up to 15 years in prison, as opposed to the up to seven years in prison they currently face.

Drug Policy

South Dakota's Internal Possession Laws An Obstacle to Sentencing Reform, Report Finds. Criminal justice reforms have slowed the growth of the state's prison population, but South Dakota is still locking up too many drug offenders because of a state law that makes ingestion of a controlled substance a felony. That's the bottom line of a new report issued Thursday by the Urban Institute's Justice Policy Center.

Drug Testing

Wisconsin Governor Signs Unemployment Benefits Drug Testing Order. Gov. Scott Walker (R) Wednesday signed an emergency order mandating drug testing for people seeking unemployment benefits. Those who refuse the drug test will have their benefits denied; those who fail it must undergo drug treatment and a job skills assessment in order to retain benefits. The rule will take effect when published later this week.

International

High Yields for Afghanistan's Poppy Crop This Year; Taliban Happy. Farmers and officials in Helmand Province, the heartland of Afghan opium production, are reporting high yields thanks to abundant rainfall and the cancellation of government eradication campaigns. Taliban members were taking part in return for wages and taxes, in cash or in kind, as well as recruiting new members from among the seasonal laborers who scrape the resin from the poppy pods. "We are happy that we had a good harvest this year compared with previous years," said Abdul Rahim Mutmain, a farmer in Musa Qala district. "There is no security concern for a single laborer being checked or robbed by the police," Mr. Mutmain said. "The entire district is under Taliban control and the bulk of the harvesters are Taliban." He added, "Actually, this is the Taliban regime -- you can take your narcotics anywhere or anytime you want to sell them."

This Week's Corrupt Cops Stories

Two cops get their hands slapped for stealing the drug evidence and a former NYPD officer goes down for slinging Oxycontin. Let's get to it:

In Reynoldsburg, Ohio, a former Reynoldsburg police lieutenant pleaded guilty last Thursday to stealing drugs and cash from the departmental evidence room. Shane Mauger was accused of stealing at least $150,000 in cash and property and of filing false search warrant affidavits in order to go on drug raids, which he used as an opportunity to steal cash and property. Mauger agreed to cop to conspiracy to deprive persons of civil rights and federal program theft.

In New York City, a former NYPD officer pleaded guilty Tuesday to supplying Oxycontin to a Long Island drug dealer. Andre Clarke, 37, a 20-year veteran, went down weeks after the dealer was caught hiding the pills in bags of Skittles that he mailed to his infant niece. Clarke copped to one count of drug conspiracy and is looking at up to 20 years in prison when sentenced.

In Colchester, Connecticut, a former Colchester police officer was sentenced Monday to four years in prison for stealing drugs and a gun from the police evidence locker. Tyler Kinney stole drugs to feed his own drug habit, prosecutors said. His thefts forced prosecutors to drop some 30 drug cases. The exact charge on which he was convicted was not specified.

Medical Marijuana Update

National

State Department Says NIDA Monopoly on Research Marijuana Unnecessary. The Bureau of International Narcotics and Law Enforcement at the State Department has gone on record stating that the United States could issue multiple licenses for the cultivation of cannabis for medical and scientific purposes without violating the United Nations Single Convention on Narcotic Drugs treaty. The statement came in response to a direct request from Senator Kirsten Gillibrand (D-NY) regarding whether issuing multiple licenses to grow medical marijuana was a violation of the Single Convention. The State Department's interpretation is at odds with that of the Drug Enforcement Administration (DEA) which has always maintained that the treaty only allows a single license, which is granted to the National Institute on Drug Abuse (NIDA). This has created what is referred to as the "NIDA monopoly on cannabis," which has stalled medical cannabis research for years.

Alabama

Alabama Governor Signs CBD Medical Marijuana Bill. Gov. Robert Bentley (R) Wednesday signed into law "Leni's Law," House Bill 61, which will allow the use of CBD cannabis oil to treat people suffering from debilitating seizures. The bill is named for Leni Young, a child whose family had to move to Oregon because her CBD treatment was illegal in Alabama. The family reports a dramatic reduction in seizures since using cannabis oil.

California

On Tuesday, the feds ended their attempt to shut down Harborside Health Centers. Federal prosecutors have reached a "historic agreement" with Harborside to end their efforts to seize the Oakland and San Jose dispensaries for violating federal drug laws. In return, Harborside agrees not to pursue further legal action against the federal government. "We are gratified that the government has finally seen fit to lay down its arms against Harborside in this case," said Harborside attorney Henry Wykowski. "The will of the people is for medical cannabis dispensaries to operate free from federal threats of closure. We hope we are on the cusp of a policy change and that the Department of Justice will no longer target state-legal dispensaries for forfeiture."

Oakland Approves Medical Marijuana Expansion. The city has given its okay for a plan to license up to eight more dispensaries a year, as well as creating the city's first-ever licenses for farms, kitchens, and labs. The move came on a pair of unanimous city council votes after 16 months of laying the political groundwork. The council must come back later and approve the changes one more time before they're final.

Colorado

Colorado Legislature Approves Bill to Help Young Medical Marijuana Patients. The legislature has approved House Bill 1373, which orders school districts to come up with policies to accommodate students who are medical marijuana patients. The measure does not allow smokable marijuana at school, nor does it require school employees to administer marijuana-based medicines. That will be left to parents or primary caregivers. Gov. John Hickenlooper (D) is expected to sign the bill into law.

Connecticut

Connecticut Medical Marijuana Expansion Bill Passes Legislature. A bill that would allow children with certain debilitating medical conditions to use medical marijuana has passed out of the legislature after a final Senate vote last Friday. Gov. Dannel Malloy (D) is expected to sign House Bill 5450 into law.

Illinois

Illinois Medical Marijuana Board Okays New Health Conditions. The board voted Monday to add ten qualifying conditions for medical marijuana use. Among them were PTSD and chronic pain, which were rejected earlier this year by Gov. Bruce Rauner (R). The board members also said they doubted the conditions would be approved and complained that Rauner's standards for approving new conditions are too strict.

New Hampshire

New Hampshire's First Dispensary Opens. The Sanctuary Alternative Treatment Center opened in Plymouth last Saturday. It's the first dispensary in the state to open for business. It only took nearly three years after the state's medical marijuana law was approved for this to happen.

Ohio

Ohio Medical Marijuana Bill Won't Allow Smoking. Vaping is okay, but toking is not under House Bill 523, the bill being considered by the legislature. The bill would also bar home cultivation. Proposed ballot initiatives, however, would allow both smoking and home cultivation, so the legislature's effort to undercut initiatives by passing its own bill may still not be enough to blunt the popular measures.

Oklahoma

Oklahoma Legislature Approves CBD Cannabis Oil Bill. The House Wednesday voted 69-14 to approve a bill expanding the medicinal use of CBD cannabis oils. Last year, the state approved CBD cannabis oil, but only for people under 18. This bill, which now awaits the governor's signature, removes that age restriction.

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

Chronicle AM: CA Init Hands in Plenty of Signatures, CT Passes Sweeping Opioids Bill, More... (5/4/16)

Californians will have a chance to vote on marijuana legalization this year, Oakland moves ahead with medical marijuana expansion, Connecticut passes a sweeping bill aimed at the opioid crisis, and more.

Marijuana Policy

California AUMA Legalization Initiative Hands in Signatures. Supporters of the Sean Parker-backed Adult Use of Marijuana Act (AUMA) legalization initiative handed in some 600,000 signatures Tuesday. They only need 365,000 valid voter signatures to qualify for the November ballot. It looks very much like California will vote on legalizing marijuana this fall. Under the AUMA, adults 21 and over could possess and transport up to an ounce and grow up to six plants. The AUMA would also create a system of licensed and regulated marijuana cultivation and commerce.

After Killing Legalization, Vermont House Approves Move to Develop System to Regulate Legal Marijuana. Legalization is dead for this year, but the House Tuesday voted to approve a measure that would begin the development of system to regulate legal adult marijuana use. The House approved House Bill 858 after amending it to include language establishing a commission to "propose a comprehensive regulatory and revenue structure that establishes controlled access to marijuana in a manner that, when compared to the current illegal marijuana market, increases public safety and reduces harm to public health." The commission would be required to provide its recommendations to the legislature by the end of the year.

Medical Marijuana

Oakland Approves Medical Marijuana Expansion. The city has given its okay for a plan to license up to eight more dispensaries a year, as well as creating the city's first-ever licenses for farms, kitchens, and labs. The move came on a pair of unanimous city council votes after 16 months of laying the political groundwork. The council must come back later and approve the changes one more time before they're final.

Colorado Legislature Approves Bill to Help Young Medical Marijuana Patients. The legislature has approved House Bill 1373, which orders school districts to come up with policies to accommodate students who are medical marijuana patients. The measure does not allow smokable marijuana at school, nor does it require school employees to administer marijuana-based medicines. That will be left to parents or primary caregivers. Gov. John Hickenlooper (D) is expected to sign the bill into law.

Ohio Medical Marijuana Bill Won't Allow Smoking. Vaping is okay, but toking is not under House Bill 523, the bill being considered by the legislature. The bill would also bar home cultivation. Proposed ballot initiatives, however, would allow both smoking and home cultivation, so the legislature's effort to undercut initiatives by passing its own bill may still not be enough to blunt the popular measures.

Heroin and Prescription Opioids

Connecticut Legislature Approves Sweeping Opioids Bill. The state Senate Tuesday passed comprehensive opioid legislation that would put a one-week cap on first-time opioid prescriptions to treat acute pain. The bill would also require localities to ensure that first responders have access to the overdose reversal drug naloxone, limit liability for health care providers who administer naloxone, and strengthen the state's prescription monitoring system. Gov. Dannel Malloy (D) is expected to sign it shortly.

Feds Give Up on Effort to Seize Nation's Largest Medical Marijuana Dispensary [FEATURE]

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

In a stunning victory for California's marijuana industry, federal prosecutors have agreed to end their years-long effort to close and seize Oakland's Harborside Health Center, the nation's largest dispensary with more than 100,000 patients.

Inside Harborside. (HarborsideHealthCenter.com)
Harborside broke the news with a press release Tuesday, followed up by a press conference attended by Oakland officials who have stood by the dispensary since then-US Attorney Melinda Haag went after in 2012.

The effort to shut down Harborside was part of a broader offensive against the state's medical marijuana industry. Prosecutions and threats of prosecutions forced more than 500 dispensaries to shut down, but Harborside stood firm, didn't fold, and fought hard against the federal moves to seize its properties.

"When US Attorney Melinda Haag first filed suit to seize the property Harborside is located in, I vowed we would never abandon our patients... and predicted Harborside would outlast the efforts to close us down," Harborside Executive Director Steve DeAngelo said in the statement. "Today, thanks to the deep support of our community and our elected officials, and the skill and determination of our legal counsel, that prediction has come true."

"It's a great day for Oakland and for all of California," Oakland Mayor Libby Schaaf said at the press conference. "The federal government isn't going to waste tax dollars trying to frustrate the desires of Californians to have safe access to medical cannabis."

Harborside also stood firm because it had the money to do so. The dispensary, which also operates a facility in San Jose, brings in about $25 million a year from medical marijuana sales and was able to hire the finest legal talent in attorney Henry Wykowski.

"We are gratified that the government has finally seen fit to lay down its arms against Harborside in this case," Wykowski said. "The will of the people is for medical cannabis dispensaries to operate free from federal threats of closure. We hope we are on the cusp of a policy change and that the Department of Justice will no longer target state-legal dispensaries for forfeiture."

But Harborside's success also made it an appealing target for US Attorney Haag. In July 2012, she filed a civil forfeiture action against Harborside, claiming it violated federal drug laws.

"The larger the operation, the greater the likelihood that there will be abuse of the state's medical marijuana laws, and marijuana in the hands of individuals who do not have a demonstrated medical need," Haag wrote.

Still, Harborside counted on local support, and got it in spades. In October 2012, the city of Oakland sued the federal government in a bid to block the Justice Department from seizing the dispensary's properties. The city argued that shutting down Harborside would harm its patients and force them into the black market to get their medicine.

Between then and now, Harborside won a series of legal victories that allowed it to stay open and avoid eviction, but the city's lawsuit was ultimately rejected by the 9th US Circuit Court of Appeals last August. In the meantime, though, developments at the federal level worked in Harborside's favor. In 2014, Congress approved an amendment by California Congressmen Sam Farr (D) and Dana Rohrabacher (R) that blocks the Justice Department from using federal funds to go after medical marijuana programs in states where it is legal. That amendment was reauthorized last year.

The US Attorney's Office for Northern California has not commented on the decision to drop the case, but the different federal landscape most likely played a key role.

Oakland politicians praised the move.

"Today's decision by the U.S. attorney is a victory for health care access," said Rep. Barbara Lee (D-Calif.), who represents Oakland and pressed for the DOJ to drop the case against Harborside. "For decades, Harborside has helped ensure members of our community can access their medicine. It's past time for the federal government to stop standing between these patients and their medicine."

"Harborside Health Center has been a strong positive presence in Oakland, both for the patients they serve, the workers they employ, and for the vital public services that are supported by their tax revenues," said Oakland City Councilmember Rebecca Kaplan. "I am glad that Oakland's work on the federal case helped keep Harborside open during this dispute, and heartened to know that the threat against them is now removed."

The federal war on medical marijuana in California appears to be ending with a whimper, not a bang.

Oakland, CA
United States

Chronicle AM: VT Legalization Bill Killed, Feds End Harborside Action, More... (5/3/16)

Marijuana legalization is dead in Vermont this year, Tennessee cuts repeat pot possession penalties, the German health minister says medical marijuana is coming early next year, and more.

There is no joy in Montpelier after the House killed marijuana legalization.
Marijuana Policy

Tennessee Reduces Repeat Marijuana Possession Penalties. Gov. Bill Haslam (R) has signed into law House Bill 1478, which eliminates a provision in state law that makes a third conviction for pot possession a felony. Instead of facing one to six years in state prison, third offenders will now face up to a year in jail.

Vermont House Votes Down Pot Legalization Bill. The House voted 121-28 today to kill the marijuana legalization bill passed by the Senate in February. While Senate Bill 241 is dead, the House continues to work on a proposal to expand decriminalization from one ounce to two and to allow individuals to grow up to two plants. Stay tuned.

Medical Marijuana

Feds End Attempt to Shut Down, Seize California's Harborside Dispensaries. Federal prosecutors have reached a "historic agreement" with Harborside to end their efforts to seize the Oakland and San Jose dispensaries for violating federal drug laws. In return, Harborside agrees not to pursue further legal action against the federal government. "We are gratified that the government has finally seen fit to lay down its arms against Harborside in this case," said Harborside attorney Henry Wykowski. "The will of the people is for medical cannabis dispensaries to operate free from federal threats of closure. We hope we are on the cusp of a policy change and that the Department of Justice will no longer target state-legal dispensaries for forfeiture."

Illinois Medical Marijuana Board Okays New Health Conditions. The board voted Monday to add ten qualifying conditions for medical marijuana use. Among them were PTSD and chronic pain, which were rejected earlier this year by Gov. Bruce Rauner (R). The board members also said they doubted the conditions would be approved and complained that Rauner's standards for approving new conditions are too strict.

Harm Reduction

North Carolina Needle Exchange Bill Filed. State Sen. Stan Bingham (R-Guilford County) has introduced Senate Bill 794, which would allow needle exchanges to operate legally in the state. The bill is set for committee assignment sometime this week.

International

German Health Minister Says Medical Marijuana Coming Early Next Year. Health Minister Hermann Groehe said Tuesday that the country will legalize medical marijuana early next year. "Our goal is that seriously ill patients are treated in the best possible way," Groehe said, adding that he will present draft legislation to the cabinet Wednesday.

Chronicle AM: ME to Vote on Legalization, AK "Pot Cafes," AL Passes CBD MedMJ, More... (5/2/16)

Lots of Maine news today, Alaska could see "pot cafes," a New Hampshire asset forfeiture bill gets gutted under police pressure, and more.

Coming to Maine?
Marijuana Policy

Alaska Marijuana Draft Regulations Include Pot Cafes. Alaska could become the first legalization state to actually allow social marijuana smoking in designated businesses. The state's Marijuana Control Board has crafted draft regs that would allow users to toke up inside retail stores. The draft regs are now awaiting public comment. While "public" marijuana use is banned, the regs create an exemption for retail stores to seek an "onsite consumption endorsement" to their licenses. Stores with that endorsement could then set aside an area for people to consume marijuana.

California GOP Opposes AUMA Legalization Initiative. The state Republican Party voted at its convention over the weekend to oppose the Adult Use of Marijuana Act (AUMA) marijuana legalization initiative. "We must not turn this plague loose on our children and the people of California," said Sen. Jim Nielsen (R-Gerber, who also called marijuana an "entry-level" drug that leads to addiction. California Democrats have endorsed the initiative.

It's Official: Maine Will Vote on Legalization in November The final obstacle to a popular vote was removed last Friday, when state legislators punted on their chance to act on the citizen legalization initiative, opting instead to send the question to the voters instead. Earlier, the Campaign to Regulate Marijuana Like Alcohol, which organized the state's legalization initiative had to go to the courts to force recalcitrant state officials to properly count all the signatures, and they did so.

Vermont House Takes Up Marijuana Legalization Today. The House is considering legalization today, albeit in a roundabout fashion. One House committee rejected the legalization measure, Senate Bill 241, while another amended it to legalize possession and personal cultivation, but not regulated, legal marijuana commerce. The Senate responded by pasting SB 241 into another bill, House Bill 858, which the House is considering today. Stay tuned!

Medical Marijuana

Alabama Passes CBD Medical Marijuana Bill. Both houses of the legislature have now approved "Leni's Law," which would allow people with seizure disorders or other debilitating medical conditions to use CBD cannabis oil to treat their ailments. Gov. Robert Bentley (R) is expected to sign the bill into law.

Connecticut Medical Marijuana Expansion Bill Passes Legislature. A bill that would allow children with certain debilitating medical conditions to use medical marijuana has passed out of the legislature after a final Senate vote last Friday. Gov. Dannel Malloy (D) is expected to sign House Bill 5450 into law.

New Hampshire's First Dispensary Opens. The Sanctuary Alternative Treatment Center opened in Plymouth last Saturday. It's the first dispensary in the state to open for business. It only took nearly three years after the state's medical marijuana law was approved for this to happen.

Asset Forfeiture

New Hampshire Asset Forfeiture Bill Scaled Back Under Police Pressure. The state Senate last Thursday stripped a provision from an asset forfeiture reform bill that would have directed funds seized by police to the state's general fund rather than to the agency that seized them. The move came after police chiefs said not letting them keep the goodies would "handcuff" them.

Oklahoma Governor Signs Asset Forfeiture Reform Bill. Gov. Mary Fallin (R) last Thursday signed into law a bill that will allow people whose property is subject to asset forfeiture to recover attorney fees when they challenge the seizures. The new law goes into effect November 1.

Drug Policy

Maine Decriminalizes Drug Possession, Moves to Adopt Pre-Arrest Diversion Program. Last Thursday, a bill that would make simple drug possession a misdemeanor instead of a felony passed into law without the signature of Tea Party Gov. Paul LePage. The bill, LD 1554, decriminalizes the possession of up to 200 milligrams of heroin. Earlier this month, the legislature also approved a bill that would fund Law Enforcement Assisted Diversion (LEAD) programs, which have proven successful in Seattle and other cities.

Harm Reduction

Maine Legislature Overrides Governor's Veto of Overdose Reversal Drug Bill. The legislature voted last Friday to override gubernatorial vetoes of LD 1457 and LD 1552, which would allow access to naloxone without a prescription and provide public funding for needle exchange, respectively. Gov. Paul Le Page had claimed "naloxone does not save lives, it merely extends them until the next overdose" and complained that the $70 cost would not be repaid.

International

Canada Supreme Court Throws Out Mandatory Minimums for Drug Traffickers. In a decision last Friday, the high court ruled mandatory minimums for repeat drug offenders are unconstitutional. The case is R. v. Lloyd.

It's Official: Maine Will Vote on Marijuana Legalization in November

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

Marijuana legalization will be on the Maine ballot in November. The final obstacle to a popular vote was removed last Friday, when state legislators punted on their chance to act on the citizen legalization initiative, opting instead to send the question to the voters instead.

Earlier, the Campaign to Regulate Marijuana Like Alcohol, which organized the state's legalization initiative had to go to the courts to force recalcitrant state officials to recognize the validity of thousands of challenged voter petition signatures. The campaign had handed in roughly 100,000 signatures and only needed 61,000 valid voter signatures.

But Maine Secretary of State Matt Dunlap threw out nearly half of the signatures for various reasons, including some 17,000 that he rejected because he said the notary's signature on the petition forms did not match his signature on file. The campaign appealed to the courts, and three weeks ago, a state court ordered Dunlap to review the signatures again.

Last Wednesday, Dunlap certified an additional 11,305 signatures, which was enough to put the initiative over the top. That was followed by the legislative votes last Friday, which cleared the way for voters to make the call themselves in November.

The legalization initiative is likely to win. The most recent poll has support for legalization at 54%, and voters in Portland, the state's largest city, and South Portland have already approved local initiatives to legalize the possession of small amounts of pot.

Maine now joins Nevada as states where marijuana legalization is on the ballot this fall. At least two other states, Arizona and California, should also see legalization initiatives qualify for the fall ballot, but those campaigns are still in the signature gathering phase. There is an outside chance that Michigan could qualify an initiative this year, too.

Meanwhile, the Vermont House is today grappling with a legalization bill. That bill has already passed the Senate, but the House has been divided, and it is not at all clear that the bill will survive the session. The Vermont bill is the best chance this year for marijuana to be legalized by a state legislature.

No state has yet legalized marijuana through the legislature. All four legalization states -- Alaska, Colorado, Oregon, and Washington -- and Washington, DC, legalized it through the initiative process. By year's end, there should be a couple more legalization states and possibly as many as five, but again, it will be the voters, not the politicians, leading the way.

ME
United States

Video Killed the Drug Conviction: Chicago Narcs Busted Lying Through Their Teeth [FEATURE]

Part 10 of an occasional series on police and prosecutorial misconduct by Clarence Walker, cwalkerinvestigate@gmail.com.

It was just another marijuana bust by Chicago's crack dope squad and should have resulted in an easy conviction, but thanks to a forgotten camera, things didn't exactly work out the way the cops planned. Now, the pot dealer is free, he has a bunch of cash in pocket, and it's the cops who are facing justice.

It went down on June 6, 2013, when three Chicago Police narcotics officer and a pair of suburban Glenview police officers pulled over Joseph Sperling on the pretext that he had failed to properly use his turn signal, then claimed Sperling told them there were drugs in his vehicle. The cops said they found marijuana in plain view and arrested Sperling on marijuana possession and distribution charges. Business as usual, so far.

But when it came time to go to court the following March, things went south for the cops. Prosecutors had been questioning Chicago PD narcotics officer William Pruente, who said in sworn testimony that when police pulled over Sperling they immediately smelled marijuana and ordered him to exit the vehicle and stand at the rear of the car.

Then, defense attorney Steven Goldman asked the veteran narc if Sperling was handcuffed after he got out of the car.

"No, he was not handcuffed," Pruente replied. "He was not under arrest at that time."

Chicago narcotic officers Sergeant James Padar and Vince Morgan and Glenview Police officers James Horn and Sergeant Theresa Urbanowski backed up Pruente's story.

Then, as Urbanowski was testifying, defense attorney Goldman dropped a bombshell. He interrupted the testimony to inform Judge Catherine Haberkorn that he needed to offer a videotape into evidence.

In a moment of courtroom drama like something out of "Law and Order," Goldman revealed that the video came from Urbanowski's police cruiser and that it flatly contradicted the sworn testimony of the police officers. The police had been lying to the court and to the judge and the video would prove it, Goldman said.

As Goldman patiently took Urbanowski back over the events she'd testified about, he played the recording and asked her to describe the difference between her original testimony and what was happening on the tape.

The footage contradicted the testimony of the police officers. Pruente had testified that Sperling had not been arrested or handcuffed until the cops had found the dope in plain view, but the video showed Pruente walking up to Sperling's car, reaching in the open window, unlocking the door, pulling Sperling out, handcuffing him, and placing him in the back seat of a patrol car. Only then did the officers move to search the car.

The video clearly showed the officers spending minutes thoroughly searching Sperling's car before finding weed and a small amount of psychedelic mushrooms in a black duffel bag.

As defense attorney Goldman noted during questioning, if the drugs had really been in plain view on the front seat of the vehicle, the officers had no need or reason to search it because they already had the drugs.

The brazen distance between the officers' testimony and what the video revealed infuriated Judge Haberkorn, who immediately granted Goldman's motion to suppress the evidence because the video showed police had neither probable cause to arrest Sperling nor a warrant to search his vehicle.

"This is very outrageous conduct," Haberkorn said from the bench. "All the officers lied on the stand today. All their testimony is a lie. There is strong evidence it was a conspiracy to lie in this case, for everyone to come up with the same lie."

Haberkorn then dismissed the criminal charges against Sperling.

"If this could happen to me, it could happen to anyone," said Sperling, then 23, during a press conference with reporters after the release of his videotaped arrest. "I just happen to be one of the lucky few that had a video that proved the officers were wrong."

The Cook County criminal justice system may have been done with Sperling, but he wasn't done with it. Shortly after the charges were dismissed, he filed a federal civil rights lawsuit alleging illegal search and seizure against the Chicago and Glenview police departments. And he won. The two cities involved settled the suit, paying Sperling $195,000 for his troubles.

Others who have been similarly victimized could do the same. Under the US Code Section 1983, citizens are allowed to sue police in federal court as a result of an illegal search and arrest if the officer acted with malice "under color of law."

In Sperling's case, attorney John Loevy argued in the lawsuit that there was insufficient legal justification for officers to stop and arrest Sperling and search his vehicle, which was done without probable cause. Those illegal actions violated Sperling's civil rights under the Fourth, Fifth, and Fourteenth amendments, as prescribed under Section 18 US Code 242. The argument was strong enough to force the cities to settle.

Cook County State's Attorney Anita Alvarez (twitter.com)
Former Houston Police homicide and narcotic gang investigator Rick Moreno told Drug War Chronicle the officers lied to protect an informant when they could simply have gone by the book and done their bust right.

"Once those officers had all the information about this guy having dope in his car they needed a warrant," Moreno explained.

But the narcs plotted a scheme disguised as a routine traffic stop to avoid having to obtain one.

"What they've done in this case was a 'wall off' technique." Moreno said, referring to a strategy most narcotic officers use to put a wall between the officer and the information provided by a snitch. And if everything goes as planned, the officer gets the dope without a warrant, they got the dope dealer and the snitch is protected."

"The biggest casualty in the war on drugs is the truth," said Chicago civil attorney Jon Loevy, who represented Sperling in his civil rights lawsuit.

"The ends justify the means," said criminal defense attorney Goldman, explaining the attitudes that drove the cops to lie on the stand. "So because they get the bad guy off the street or the drugs out of their hands, everybody's happy."

Well, not everybody, not when the lies are so blatant they cannot be ignored. The Cook County criminal justice system wasn't done with the cops caught lying on the witness stand. Sgt. Urbanowski's camera had caught them red-handed, and four of them were indicted by a Cook County grand jury on perjury, obstruction of justice, and official misconduct charges in June 2015. They all face up to five years in prison on each count. The three Chicago police officers were immediately suspended, and the Glenview police officer was later fired. Their trials got underway this week.

"The foundation of our criminal justice system rests on the concept of truthful testimony," said Cook County States' Attorney Anita Alvarez in a press statement announcing the indictments. "We expect it from our witnesses and we demand it from our police officers."

The criminal charges filed against the officers made headlines across the state and constituted another black mark against the much criticized Chicago Police Department. But the buzz around the courthouse was not just over the charges, but whether they would lead to the dismissal of other drug cases in which the charged cops were involved.

Calls to the Cook County prosecutor's office regarding whether the four indicted officers would be investigated for perjury or illegal tactics in previous drug cases have not been returned.

While Sperling won $195,000 in damages from his illegal search and seizure lawsuit, legal experts say such victories are rare. Defendants usually don't pursue such suits due to lack of funds, and if a case involving a bad search is dismissed, most defendants are just relieved the case is over and they no longer face charges, said Penn State University law professor David Rudovsky, a leading civil rights and criminal defense attorney and author of The Law of Arrest, Search, and Seizure.

Penn State law professor David Rudovsky (law.penn.edu)
Rudovsky told Drug War Chronicle there is also another reason such lawsuits are rare.

"Why would a jury award money for damages to a criminal already proven to have committed a crime?" he asked rhetorically.

Police perjury is nothing new -- the practice has even generated its own nickname, "testilying" -- but the Sperling case has renewed debate over why law enforcers resort to breaking the law.

"Police perjury in court to justify illegal dope searches is commonplace," wrote former San Francisco police commissioner Peter Keane in a much-cited article on the topic.

"I've heard some police officers say in a social setting, 'If [the defendant] is going to lie to beat the case, why can't I lie too?" Cook County Public Defender, and former prosecutor Abishi Cunningham Jr. related.

"When police lie to make a case on someone they are saying the criminal justice system doesn't work... so I'm going to do it my way," Houston civil and criminal attorney Annie Briscoe told the Chronicle.

Briscoe recalled a drug case involving police illegal search where police recovered a sizeable amount of drugs from a client of hers. Houston police claimed he resembled a fugitive they were looking for. With her client facing up to life in prison, Briscoe convinced the trial judge to throw out the charge because of illegal search and seizure through the simple expedient of showing the judge a photo of the fugitive, who looked nothing like her client.

While the judge called Briscoe's client "one lucky guy," Briscoe had a slightly different take.

"The law should be enforceable by way of truth," she said.

Police are also incentivized by the war on drugs to cut corners so they can reap monetary rewards, whether through asset forfeiture or by earning federal anti-drug grants through aggressive enforcement actions. And each bust makes their numbers look better.

As NYPD Officer Adil Polanco once revealed through a surfeit of honesty, "Our primary job is not to assist anybody, our primary job is to get those numbers and come back with them. You have to write somebody, arrest somebody, even if the crime is not committed, the number is there."

Yes, there are numerous reasons cops lie. But none of them justify the lying, or the corrosive effect such behavior has on public trust and respect for law enforcement. These Chicago police officers are about to find out just how seriously the system takes such dishonesty, especially when it is so blatant the system can't pretend it doesn't see it.

Chicago, IL
United States

This Week's Corrupt Cops Stories

Another jail guard in trouble, an Ohio narc heads to prison, and so does a veteran Alabama cop. Let's get to it:

In Live Oak, Florida, a county jail guard was arrested last Wednesday on charges he was selling smuggled cigarettes, synthetic cannabinoids, and cellphones to inmates at the Suwannee Correctional Institution. Michael Dale Lindblade, 28, is charged with official misconduct, unlawful compensation, and removal of contraband. At last report, he was being booked into his now former place of employment.

In Akron, Ohio, a former East Cleveland narcotics detective was sentenced last Wednesday to nearly six years in federal prison after he admitted being part of scheme to rip off thousands of dollars from suspected drug dealers. Antonio Malone, 34, is the third former East Cleveland officer to go down in the corruption case in the street crimes unit. The officers conducted illegal searches and falsified search warrants while stealing from suspects. Malone pleaded guilty to one count of conspiracy.

In Huntsville, Alabama, a former Huntsville police officer was sentenced Tuesday to two years in federal prison for bribing a rookie cop to drop drug trafficking charges against an accused dealer. Lewis Bernard Hall went down after the rookie reported the bribe, starting a city and FBI investigation. The rookie also got shorted on the bribe money by Hall and the drug dealer. Hall copped to one count of conspiracy and must report to prison next month.

Medical Marijuana Update

The DEA approves a PTSD medical marijuana study, a Senate committee votes to rein in the DEA on medical marijuana, a Utah poll has very strong support for medical marijuana, and more.

National

Last week, the Senate Appropriations Committee voted to prevent the DEA from undermining state medical marijuana laws. The committee voted 21-8 to approve an amendment offered by Senator Mikulski (D-MD) to protect state medical marijuana laws from federal interference by the Department of Justice and Drug Enforcement Administration. After decades of inactivity on marijuana reform, Congress has moved at lightning pace to advance marijuana reform in recent years. Last week the Senate Appropriations Committee voted to allow Veterans Administration doctors to recommend marijuana. The Committee approved similar amendments last year as well as an amendment to allow state-legalized marijuana businesses to access banks and other financial services. The Mikulski amendment is expected to pass the full Senate as well as the House. Similar amendments were passed by Congress last year and the year before.

Last week, DEA approved a Colorado-funded study on marijuana and PTSD. It's the first time the agency has given permission to use raw marijuana in a controlled clinical trial for PTSD. Enrollment in the study could begin as early as next month. The study is one of nine funded by historic grants from the Colorado Health Department, which are in turn funded by medical and legal marijuana fees and tax revenues.

Connecticut

Last week, the House approved medical marijuana for kids. The House voted overwhelmingly last week to expand the state's four-year-old medical marijuana program to include children. The bill also includes a provision to create a Board of Physicians to review requests for new ailments to be added the list of qualifying conditions, which currently lists 17 diseases or syndromes. The bill now goes to the state Senate.

Iowa

On Monday, a href="http://globegazette.com/news/iowa/gop-medical-cannabis-plan-voted-down/article_f665abe6-90a0-58d9-b756-fed6c88a88d8.html" target="_blank">a CBD medical marijuana expansion bill was killed. A Republican-backed bill to expand the number of ailments for which Iowans could use CBD cannabis oil was defeated in the House Monday. Democrats said the proposal did not go far enough, while some Republicans objected to any effort to legalize marijuana, medicinal or otherwise. The bill was defeated 61-36.

Montana

On Monday, the state Supreme Court delayed enforcement of its medical marijuana rollback. The state high court said it will delay enforcement of its February ruling dramatically rolling back the state's medical marijuana program. The court said its ruling would now not go into effect until August 31. Montana activists and medical marijuana industry spokesman have said the rollback would force the closure of dispensaries and leave patients in the lurch. Supporters are also working on an initiative campaign to put a revamped medical marijuana system before the voters in November.

Utah

On Wednesday, a new poll found strong support for medical marijuana. A new Utah Policy poll has two out of three (66%) of Utahns in favor of medical marijuana, with only 28% opposed. The poll comes after the legislature failed to pass a medical marijuana bill this year. If the legislators are listening to their constituents, they will pass it next year.

Chronicle AM: NH Decrim Back From the Dead, 4/20 MJ Sales Topped $37.5 Million, More... (4/27/16)

Americans spent a lot of money on weed for 4/20, Dana Rohrabacher endorses California's AUMU pot legalization initiative, New Hampshire decrim rises from the dead, and more.

Marijuana Policy

4/20 Pot Sales Hit $37.5 Million. Americans spent more than $37.5 million on legal marijuana purchases on the 4/20 stoner holiday, according to MJ Freeway, a global cannabis business seed-to-sale tracking software provider. That's up by more than 30% over 2015.

Conservative GOP Congressman Endorses California's AUMA Legalization Initiative. Rep. Dana Rohrabacher (R-Costa Mesa) has announced his support for the Adult Use of Marijuana Act (AUMA) legalization initiative. "As a Republican who believes in individual freedom, limited government and states' rights, I believe that it's time for California to lead the nation and create a safe, legal system for the responsible adult use of marijuana," said Rohrabacher. He is the second California congressman to endorse the initiative. Rep. Ted Lieu (D-Torrance) announced his support last week.

Michigan House Approves Marijuana Drugged Driving Study Bill. The House voted 107-1 Tuesday to approve House Bill 5024, which would create a commission to research and recommend a threshold for THC that would establish evidence of impaired driving. The bill now goes to the Senate.

New Hampshire Decriminalization Reemerges. The decriminalization bill had been killed, but the House Criminal Justice and Public Safety Committee voted 12-7 Tuesday to bring decrim back to life. The committee voted to amend Senate Bill 498, which deals with discretion in sentencing, to make possession of up to a quarter ounce of marijuana a civil infraction instead of a misdemeanor. The bill will come before the House next month.

Medical Marijuana

Utah Poll Finds Strong Support for Medical Marijuana. A new Utah Policy poll has two out of three (66%) of Utahns in favor of medical marijuana, with only 28% opposed. The poll comes after the legislature failed to pass a medical marijuana bill this year. If the legislators are listening to their constituents, they will pass it next year.

Law Enforcement

Family of Florida Man Slain in Marijuana Raid Awarded $500,000. The family of Derek Cruice, who was shot in the face and killed during a small-time marijuana raid in Deltona, Florida, in March 2015, will receive $500,000 in a settlement from Volusia County. Cruice was unarmed when he was shot in his living room by a Deltona police officer. The officer was never charged with a crime.

International

Israeli Police Won't Stop Busting People for Marijuana. Even though a former police commissioner has called for the country's police to reexamine their approach to marijuana in the face of increasing acceptance of its use, police aren't taking up the suggestion. Instead, police have decided that "enforcement policies should continue as they are." One police officer said he needed to be able to bust drug users in order to get at dealers.

Chronicle AM: CT Opioids Bill Passes House, CA Drug Sentence Reduction Bill Killed, More... (4/26/16)

DC marijuana activists scored a White House meeting, Montana medical marijuana patients catch a temporary break, hemp states could be protected from federal interference, Canada just says no to decrim ahead of pot legalization next year, and more.

A Connecticut bill would provide broader access to the opioid overdose reversal drug naloxone. (wikimedia.org)
Marijuana Policy

White House Staffers Meet With DC Marijuana Activists. Adam Eidinger and Nikolas Schiller of the DC Cannabis Campaign met with White House staffers Monday and urged them to commit the administration to a marijuana policy summit at the White House. They didn't get any answers from the staffers, but Eidinger said they did get "a lot of nods, a lot of smiles."

Nebraska and Oklahoma Try Again to Derail Colorado's Pot Legalization. After being turned away by the US Supreme Court in their bid to overturn marijuana legalization in Colorado, the two neighboring states have asked to be added to another case at the US 10th Circuit Court of Appeals in Denver brought by opponents of legalization. The case consolidates two separate lawsuits brought by a group of county sheriffs and the owners of a rural property, and now, Nebraska and Oklahoma hope it will include them, too.

Medical Marijuana

Iowa CBD Medical Marijuana Expansion Bill Killed. A Republican-backed bill to expand the number of ailments for which Iowans could use CBD cannabis oil was defeated in the House Monday. Democrats said the proposal did not go far enough, while some Republicans objected to any effort to legalize marijuana, medicinal or otherwise. The bill was defeated 61-36.

Montana Supreme Court Delays Enforcement of Medical Marijuana Rollback. The state high court said it will delay enforcement of its February ruling dramatically rolling back the state's medical marijuana program. The court said its ruling would now not go into effect until August 31. Montana activists and medical marijuana industry spokesman have said the rollback would force the closure of dispensaries and leave patients in the lurch. Supporters are also working on an initiative campaign to put a revamped medical marijuana system before the voters in November.

Hemp

Senate Committee Approves Amendment to Block Federal Interference With Hemp. Sens. Jeff Merkley (D-OR) and Ron Wyden (D-OR) offered an amendment to the Senate Commerce, Justice, and Science appropriations bill that would prevent the federal government from interfering with implementation of state hemp laws, and the Appropriations Committee passed it last Friday. More than half the states have laws allowing farmers to cultivate hemp, but they faced the prospect of the DEA taking action against them. That will end if the amendment survives the rest of the appropriations process.

Heroin and Prescription Opioids

Connecticut House Passes Comprehensive Opioid Bill. The House Monday unanimously approved House Bill 5053, which would widen access to the overdose reversal drug naloxone, put a seven-day cap on first-time opioid prescriptions, strengthen the prescription monitoring program, provide a release from liability for Good Samaritans who administer naloxone, and add staffing for emergency medical care and the Alcohol and Drug Policy Council. The bill now goes to the Senate.

Sentencing

California Bill to Reduce Drug Sentences Fails. A bill to repeal sentencing enhancements for certain drug offenses died in the Senate Monday after some senators warned that it would favor drug dealers. The measure, Senate Bill 966, filed by Sen. Holly Mitchell (D-Los Angeles), would have repealed a law that adds three years in prison for people convicted of drug distribution offenses if they have previously been convicted on similar charges. All Republican members voted against it, as did three Democrats, while five more Democrats abstained. The bill lost 18-16.

International

Canada Will Not Decriminalize Marijuana Possession Ahead of Legalization. The Liberal government has made it clear that it will not move to end marijuana possession arrests ahead of its push to legalize marijuana, which it said it will undertake next year. "The current provisions of the CDSA [Controlled Drugs and Substances Act] regarding marijuana will remain in place until they are replaced by new legislation that will legalize and strictly regulate marijuana, Ian McLeod, a spokesperson for the Ministry of Justice, said. "Marijuana will not be decriminalized prior to legalization."

Chronicle AM: NE Ends Civil Asset Forfeiture, New England Pot Politics, Mexico Marijuana Reforms, More... 4/25/16

Marijuana policy is keeping state houses busy in New England, Nebraska becomes the 10th state to end civil asset forfeiture, Maine's Tea Party governor vetoes a Naloxone bill, Mexico's president expands marijuana reforms, and more.

Marijuana Policy

DC Marijuana Activists Meet Today With White House. Two members of the DC Cannabis Campaign (DCMJ) were set to meet with Obama administration officials at the White House today. DCMJ head Adam Eidinger said he had been requesting a "Bud Summit" with Obama's leading drug advisors for years, but had no response until his group demonstrated in front of the White House on April 2. "This is an opportunity for the White House to meet with serious and committed cannabis activists and hear our case for why it's in President Obama's best interest to work with the attorney general to fully remove cannabis from the Controlled Substances Act," DCMJ co-founder Nikolas Schiller said in a statement.

Connecticut Legalization Bill Dies. There will be no marijuana legalization in Connecticut this year. Rep. Juan Candelaria (D-New Haven), sponsor of the legalization bill, withdrew it last Wednesday after first attempting to add it as an amendment to a related bill. The bill had been declared dead earlier in the session, and Candelaria's move last week was a last ditch effort to keep it alive.

Illinois Decriminalization Bill Advances. A bill that would decriminalize the possession of up to 10 grams of marijuana was approved by the Senate last week. A similar measure was approved by the legislature last year, only to be vetoed by Gov. Bruce Rauner (R). This year's bill lowers the decrim limit from 15 grams to 10 grams, making it a bit more palatable to the governor. A spokesman for Rauner said he was "encouraged" that legislators heard his concerns and would be monitoring the bill's progress. The bill now goes to the House.

New Hampshire Decriminalization Bill Dies. The Senate voted last week to kill House Bill 1631, which would have decriminalized the possession of up to half an ounce of marijuana. This is the seventh time the House has approved decriminalization, only to see it shot down by the Senate. New Hampshire is the only state in New England that has not decriminalized small time pot possession. This year, the legislation ran up against concern over heroin and prescription opioid abuse. "We are in a war, and the last thing we need is to tell our citizens it is OK to use a little marijuana or any other illegal substance," said Sen. Gary Daniels (R-Milford).

Rhode Island Poll Has Support for Legalization at 55%. A new Brown University Taubman Center for American Politics and Policy poll has two-thirds (67%) supporting medical marijuana and a solid majority (55%) in favor of marijuana legalization. This as a legalization bill has been stalled this year. "I know public officials are being very thoughtful and careful on this issue," pollster James Morone said. "But it's hard to see in the long run how legalization won't happen because there is so much strong support among young people. But I would emphasize 'in the long run.' I think anytime you have voters under 44 years old supporting something by 72 percent, it's just a question of time," he added. "Like same-sex marriage around the country, it's being driven by the demographics around the country. It's the exact same dynamic."

Vermont Legalization Bill Amended. The state's legalization bill, Senate Bill 241, faces an uncertain fate after the House Ways and Means Committee approved it, but only after amending it to allow residents to grow and possess small amounts of pot, but not to allow regulated sales. Another House committee had rejected legalization, and a third House committee now has it under consideration. If the House manages to pass some version of the bill, it will have to be reconciled with the version passed earlier by the Senate.

Medical Marijuana

Senate Appropriations Committee Votes to Prevent DEA from Undermining State Medical Marijuana Laws. The committee voted last week 21-8 to approve an amendment offered by Senator Mikulski (D-MD) to protect state medical marijuana laws from federal interference by the Department of Justice and Drug Enforcement Administration. After decades of inactivity on marijuana reform, Congress has moved at lightning pace to advance marijuana reform in recent years. Last week the Senate Appropriations Committee voted to allow Veterans Administration doctors to recommend marijuana. The Committee approved similar amendments last year as well as an amendment to allow state-legalized marijuana businesses to access banks and other financial services. The Mikulski amendment is expected to pass the full Senate as well as the House. Similar amendments were passed by Congress last year and the year before.

DEA Approves Colorado-Funded Study on Marijuana and PTSD. The DEA gave the go-ahead for the ground-breaking study last week. It's the first time the agency has given permission to use raw marijuana in a controlled clinical trial for PTSD. Enrollment in the study could begin as early as next month. The study is one of nine funded by historic grants from the Colorado Health Department, which are in turn funded by medical and legal marijuana fees and tax revenues.

Connecticut House Approves Medical Marijuana for Kids. The House voted overwhelmingly last week to expand the state's four-year-old medical marijuana program to include children. The bill also includes a provision to create a Board of Physicians to review requests for new ailments to be added the list of qualifying conditions, which currently lists 17 diseases or syndromes. The bill now goes to the state Senate.

Asset Forfeiture

Nebraska Latest State to Institute to Abolish Civil Asset Forfeiture. Last week, Gov. Pete Ricketts (R) signed into law LB 1106, which eliminates civil forfeiture in the Cornhusker State. The bill had passed the legislature a week earlier on a vote of 38-6. Nebraska becomes the 10th state to eliminate civil asset forfeiture. Now, if Nebraska cops want to seize cash and property, they must first obtain a criminal conviction. The bill also imposes some limits on state law enforcement participation in the federal "equitable sharing" program, under which police can end run state laws directing where seized assets go by turning the busts over to the feds, who in turn give back 80% of the value of seized goods to the arresting agency.

Harm Reduction

Maine Governor Vetoes Bill Seeking to Increase Access to Life-saving Overdose Antidote Naloxone. Gov. Paul LePage last week vetoed the bill last week, arguing that "naloxone does not truly save lives; it merely extends them until the next overdose." Every state in the nation, with the exception of five, have either passed or are in the process of passing naloxone access legislation, and thirty states currently allow for sales of the overdose antidote without a prescription. The bill, LD 1547, could still be revived, though. On Friday, the legislature will take up all bills vetoed by Le Page, including LD 1547. Two-thirds votes in both the House and the Senate would be needed to override the veto.

International

Mexican President to Push Broader Marijuana Decriminalization, Medical Marijuana. President Enrique Pena Nieto used his speech before the UN General Assembly Special Session (UNGASS) on Drugs last week to call for decriminalizing up to an ounce of marijuana and legalizing the medicinal use of the plant. Currently, only up to five grams is decriminalized. "We Mexicans know all too well the range and the defects of prohibitionist and punitive policies, and of the so-called war on drugs that has prevailed for 40 years," Pena Nieto said. "Our country has suffered, as few have, the ill effects of organized crime tied to drug trafficking. Fortunately, a new consensus is gradually emerging worldwide in favor of reforming drug policies," he said. "A growing number of countries are strenuously combating criminals, but instead of criminalizing consumers, they offer them alternatives and opportunities."

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Safe Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School