Drug War Chronicle

comprehensive coverage of the War on Drugs since 1997

Chronicle AM: DOJ Suspends Asset Forfeiture Progam, Syrians Flee ISIS for Lebanon's Hash Trade, More (12/23/15)

Two federal agencies make drug policy-related announcements, Syrians are fleeing the ISIS caliphate to work in the hash fields of Lebanon, and more.

Lebanese hash field (cannabisculture.com)
Medical Marijuana

DEA Eases Requirements for Natural Marijuana-Derived Research. The DEA today eased some restrictions on research evaluating cannabidiol (CBD) for medicinal use. The changes will relax some requirements imposed by the Controlled Substances Act on use of CBD in specific US Food and Drug Administration-approved research protocols. The changes are in effect immediately.

New Hampshire to Begin Issuing Medical Marijuana ID Cards. State officials said today that they will begin issuing ID cards to registered medical marijuana patients beginning Monday. While dispensaries in the state won't open until the spring, people with the ID cards will be able to buy medical marijuana in neighboring states that have reciprocity.

Asset Forfeiture

Justice Department Suspends Asset Forfeiture Equitable Sharing Program. The Justice Department released a memorandum Monday notifying law enforcement agencies that it is temporarily suspending the equitable sharing program asset forfeiture funds because of tight budgets. This means law enforcement agencies will no longer get a share of federal funds confiscated through civil asset forfeiture, and that means law enforcement agencies have lost a considerable financial incentive to turn drug busts over to the feds. Many state laws require seized funds to be allocated to the general fund or education funds, and law enforcement agencies used the federal equitable sharing program to get around those laws. Under the federal program, the local seizing agency got 80% of the haul.

International

Syrians Flee ISIS to Harvest Hash in Lebanon. Refugees from Raqqa, the capital of the ISIS caliphate, are fleeing across the border to Lebanon, where they can get work in that country's booming cannabis trade. Their work in the trade places them in danger of retribution from the jihadists if they return home, they said. "If Islamic State back home knew we work with hashish, they would cut us" with knives, said one refugee.

The Top 10 Domestic Drug Policy Stories of 2015 [FEATURE]

As the year winds down, we look back on the big stories in drug policy, from marijuana reform to climbing fatal overdose levels to sentencing reforms and beyond.

Marijuana remained a major story this year. (wikimedia.org)
The Sky Hasn't Fallen on Legal Marijuana States. The great social experiment with marijuana legalization appears to be going off without a serious hitch, and that's great news for people in states where it will likely be an issue next year. No outbreaks of reefer-induced mass criminality have taken place, no hordes of zombie school kids have appeared. In fact, very little at all seems to have happened, except that in Washington state, marijuana arrests are way down, tax revenues are flowing in, and, and ditto for Colorado, where legal pot has created 16,000 jobs (not to mention thousands more in weed-related industries) and, in Denver at least, a real estate boom is going on. Evaluating the impacts of a policy shift like ending state-level marijuana prohibition is a complicated and long-term affair, but so far it we're not seeing any signs of major social policy disaster.

The Marijuana Majority Solidifies. Marijuana legalization is now consistently winning majority support in national polls. An April CBS News poll (released on 4/20) reported support at "an all-time high" at 53%, while a Pew Research poll that some month also came in at 53%. An October Gallup poll had support at 58%, a November Morning Consult poll had it at 55%. This is really quite remarkable: Less than a decade ago, fewer than a third of people were ready to legalize it. Beginning in 2012 or 2013, public opinion reached the tipping point, and now we've clearly tipped.

Groundwork Well Laid for Marijuana Legalization Efforts Next Year. Efforts are well-advanced in a half-dozen states states to put legalization initiatives on the ballot next year. A Nevada initiative has already qualified for the November ballot and a Massachusetts initiative has also met its initial signature gathering hurdle (but must let the legislature have a chance to act before gathering a token amount of additional signatures to qualify for November). Initiative signature gathering campaigns are also well-advanced in Arizona, Maine, and Michigan, and while the California effort lags behind, an initiative backed by some deep-pocketed funders should qualify for November as well. State polls in those states show majorities for legalization, but support numbers only in the 50s suggests that victories are by no means inevitable. Those numbers tend to get pushed down in the course of an actual campaign, especially if there's well-funded opposition. And serious efforts are underway in two states, Rhode Island and Vermont, to pass legalization at the state house next year.

Monopoly Marijuana Gets Rejected in the Heartland. In a clear signal that marijuana legalization is not inevitable, a well-funded, but equally well-loathed legalization initiative went down in flames in November. The ResponsibleOhio initiative would have enshrined within the state constitution a "monopoly" under which pot would be legalized, but only 10 growers could produce commercial pot crops. The effort was opposed by the state's Republican political establishment, as well as the usual suspects in law enforcement, but also by most of the state's marijuana legalization activists. Concerns about the role of industry money in the movement are on the rise, but ResponsibleOhio wasn't even industry money -- it was just a set of wealth investors hoping to cash in with their privileged positions in a newly legal and high lucrative industry.

Black Lives Matter's Policing Critique Implicates the Drug War. The most energetic mass movement since 2011's Occupy Wall Street (and beyond) is taking direct aim at policing abuses that have festered for a generation -- and the war on drugs is deeply implicated in them. BLM's Campaign Zero manifesto to end police violence includes numerous drug war-related reform targets. From the militarization of policing to mass incarceration, from stop-and-frisk to "policing for profit," the objects of BLM's ire are key components of the drug war, and the movement is raising the racial justice imperative in the loudest fashion possible.

Heroin overdoses are still on the increase. (New Jersey State Police)
Overdoses Kill Tens of Thousands, Harm Reduction Responses Emerge. Drug overdoses are now the leading cause of accidental death in the US, claiming some 44,000 lives a year. Heroin is involved in more than 8,000 of those deaths, but prescription opiates are involved in twice that number. Deaths related to prescription opiates are actually leveling off in line with a decrease in prescribing beginning in 2012, but heroin deaths, which quadrupled between 2002 and 2013, are not, especially as people who once had access to pain pills resort to the black market. With the rising death toll -- and the changing demographics of users; younger, whiter, less "urban" -- has come a new openness toward harm reduction measures that can actually save lives, especially the wider availability of the opiate overdose reversal drug naloxone (Narcan). Access to the drug is being increased around the country, thousands of lives are being saved, even the drug czar is for it. It's not like having supervised injection facilities, where users can inject under medical supervision, and which are proven to practically eliminate overdoses (Vancouver's InSite points to exactly zero fatal overdoses in nearly 16,000 injections), but it's a start.

Asset Forfeiture Reform Picks Up Steam. The use of asset forfeiture has been a favorite drug war tactic of police and prosecutors for years, and has grown to the point where federal law enforcement seized more from citizens than burglars did last year. It's been 15 years since the last round of federal asset forfeiture reform, and the pressure is building in Washington. The year started off with then Attorney General Holder abruptly limiting federal seizure sharing with state and local cops, which cut off a main conduit for local cops to get around state asset forfeiture laws (the federal equitable sharing program allowed seizing law enforcement agencies to keep 80% of seizures, while state laws often required seizures to go into general funds). That was followed by the filing of a Rand Paul bill to end federal civil asset forfeiture with a House panel signaling support. The practice is also under fire in the states, where more than a dozen took up bills this year. In two states, Maryland and Wyoming, bills passed the legislature, only to be vetoed by Republican governors, but new asset forfeiture reform laws went into effect July 1 in Montana and New Mexico and passed in Michigan in the fall. Look for more asset forfeiture reform battles next year, both in Congress and at the statehouse.

Some 6,000 drug war prisoners got out in one fell swoop at the beginning of November. (nadcp.org)
6,000 Federal Drug War Prisoners Come Home. At the end of October, the largest prisoner release in recent US history took place, with some 6,000 prisoners set free after their drug sentences were cut thanks to policy changes by the US Sentencing Commission. Another 8,000 are set to be released the same time next year. Along with other sentencing reforms enacted in the past few years, the move has resulted in the federal prison population declining for the first time since Ronald Reagan unleashed the modern drug war in the early 1980s.

Obama Commutes Drug Sentences. President Obama commuted the sentences of 68 drug offenders earlier this year, and just last week he commuted the sentences of nearly a hundred more. Obama has now issued more commutations (which actually free people still behind bars, as opposed to pardons, which are granted after the fact) than the last five presidents combined, and with some 35,000 having petitioned for commutations at the invitation of the Justice Department, we could well see another big batch next year before he leaves office.

Drug Policy Becomes a Presidential Election Issue. In a good way. On the issue of marijuana policy, Bernie Sanders has become the first serious mainstream presidential candidate to endorse marijuana legalization, and, as this Marijuana Policy Project report card on the presidential candidates shows, many of the others -- from both parties -- support medical marijuana, decriminalization, and/or a states' rights approach to legalization. Not all of them do, of course, but supporting marijuana reform is now a thoroughly mainstream position in presidential politics. Similarly, the candidates have been addressing high rates of prescription opiate and heroin use, with even some GOP candidates talking about treating addiction as a health and public health issue, not a criminal justice one. Democratic contenders have also been addressing the problem as a public health issue, most recently in the New Hampshire Democratic debate. We've come a long way from competing to see who can be the "toughest" on drugs.

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

StoptheDrugWar.org's Mission Today, And Why Your Support Is Needed

Posted in:

Dear reformer,

I am writing to update you on StoptheDrugWar.org's current mission, and to ask your help with a tax-deductible or other donation during 2015.

Things have evolved since we first set up shop in the '90s, and they've evolved in our favor. Back then, people were just starting to talk about drug policy. As one of a handful of national organizations, we led the way getting the word out and organizing people online for legalization, sentencing reform, medical marijuana, stopping the international drug war and other issues. We built a platform, and used it to build the movement and empower the people working in it.

Today we are winning marijuana legalization. Reform of drug sentencing is one of the few bipartisan issues in Congress -- what a change! More people are talking about the big picture of drug prohibition, not just of marijuana, and about prohibition's ills than ever did before.

When looking at the current needs of the issue and the movement, and our own organization's position in it, we saw three particular ways we could continue to make a special difference. Those are:

  • Organizing a US coalition to work for changes at the UN and in US foreign policy, including but not limited to reforming the UN drug treaties;
  • Carrying out that effort in a way that moves the debate on broader drug legalization forward, while supporting current marijuana legalization efforts; and
  • Making sure our newsletter focuses on the most unique role it still plays -- providing advocates with comprehensive tracking of all the different of areas of drug policy that affect their work.

Our work this year has matched those needs. We launched that coalition, getting its message to high-level US officials, to news media, and to hundreds of diplomats. We recruited major, mainstream organizations onto our sign-on statement, calling for the right of countries to experiment with legalization and for other reforms like ending the death penalty for drug offenses. And we published nearly 50 issues of Drug War Chronicle, bringing over 430 articles to our readers including our comprehensive daily roundups on all things drug policy, our in-depth articles on selected topics, and our ongoing features like the medical marijuana update, police corruption reports and drug war deaths series.

Our ability to move these campaigns forward depends on the generosity of our donors. We don't receive government funding, and large foundations have barely started to look at the issue. Most importantly, the movement's success means that there are more needs to be funded. Whether we can seize the opportunities that success has presented us with, depends on the generosity of supporters like you. Will you take this challenge with us as we move into the historic year ahead?

Thank you if you have read this far and are considering making a donation for our work. Donations to our tax-deductible nonprofit, DRCNet Foundation, and our non-deductible lobbying nonprofit, Drug Reform Coordination Network, both can be put toward these uses that I've described. Visit http://stopthedrugwar.org/donate to donate by credit card or PayPal, or send your check or money order (made out to one of the two names listed above) to P.O. 9853, Washington, DC 20016.

We can also accept donations of stock; the information to give your brokerage is Ameritrade, (800) 669-3900), DTC #0188, and account number 781926492 for tax-deductible gifts to DRCNet Foundation or 864663500 for non-deductible gifts to Drug Reform Coordination Network -- please contact us if you are donating this way.

2016 is going to be an historic year -- with your help. Thank you for being a part of changing drug policy – together we are getting it done.

Sincerely,

David Borden, Executive Director
StoptheDrugWar.org
P.O. Box 9853
Washington, DC 20016
http://stopthedrugwar.org
"U.S. and U.N. Drug Policy Reform"

Medical Marijuana Update

Congress again blocks the Justice Department from messing with medical marijuana in states where it is legal, California localities scurry to regulate or face losing that authority to the state, Maryland patients find out they face more delays, and more.

National

Last Friday, Congress passed a budget bill barring the DOJ from interfering in medical marijuana states. The omnibus spending bill approved by Congress this morning includes several drug reform provisions, although reformers didn't get everything they wanted. The bill includes language blocking the Justice Department and DEA from spending money to interfere with state medical marijuana laws or hemp research projects and it also lifts a freeze on federal funding for needle exchange programs. But Congress failed to approve amendments to allow banks to provide financial services to marijuana businesses or to allow veterans to have access to medical marijuana, despite the Senate having approved both. And the Congress again included provisions that block Washington, DC, from taxing and regulating marijuana.

On Wednesday, the DEA eased requirements for natural marijuana-derived research. The DEA eased some restrictions on research evaluating cannabidiol (CBD) for medicinal use. The changes will relax some requirements imposed by the Controlled Substances Act on use of CBD in specific US Food and Drug Administration-approved research protocols. The changes are in effect immediately.

California

For the past few weeks, localities across the state have been acting to ban or regulate medical marijuana before the state assumes the power to regulate it itself. Once the three bills that comprise the Medical Marijuana Regulation and Safety Act go into effect March 1, cities or counties that do not have a land use regulation or ordinance governing cultivation and delivery in place will lose control and the state will become "the sole licensing authority" for those enterprises. There are getting to be too many of them for us to list them all.

Florida

Last Friday, the Supreme Court okayed medical marijuana initiative ballot language. The state's high court determined that the initiative is limited to a single subject and its ballot wording informs voters fairly. That means if supports collect enough valid voter signatures, the measure will appear on the November 2016 ballot.

Hawaii

Last Tuesday, the Health Department issued dispensary rules. The Health Department released detailed rules for dispensaries. The rules cover the application process, security, quality control, and auditing of records and operations for commercial grows and dispensaries. Earlier this year, the legislature and the governor approved opening up eight dispensaries.

Maryland

On Monday, patients got news they will have to wait until 2017 to get their medicine. The state Medical Cannabis Commission announced that it will not award cultivation and processing licenses until sometime next summer, pushing back the date when patients can get to be able to obtain their medicine to sometime in 2017. The state passed its medical marijuana law in 2013, but has faced several delays. Now, one more.

Michigan

Last Thursday, the Detroit city council approved a restrictive dispensary ordinance. The council voted 6-1 last Thursday to approve a new zoning ordinance that will likely force the closure of many of the city's 150 or so dispensaries. The new ordinance prohibits dispensaries from operating within 1,000 feet of schools, churches, parks, liquor stores, other places considered drug-free zones, or another dispensary.

New Hampshire

On Wednesday, officials announced they will begin issuing medical marijuana ID cards. State officials said that they will begin issuing the cards to registered medical marijuana patients beginning Monday. While dispensaries in the state won't open until the spring, people with the ID cards will be able to buy medical marijuana in neighboring states that have reciprocity.

New Jersey

On Monday, a Senate panel approved employment protections for patients. The Senate Health, Human Services and Senior Citizens Committee voted 6-0 to approve a bill that would bar employers from firing people because they are medical marijuana patients. The bill, Senate Bill 3162, now heads for the Senate floor. "It was not the intent of the legislature when we passed the Compassionate Use Medical Marijuana Act to allow patients to lose their jobs simply because of their use of medical marijuana," state Sen. Nicholas Scutari (D-Union), who sponsored by the medical marijuana law and this workplace bill said in a statement before the hearing. "Medical marijuana should be treated like any other legitimate medication use by an employee."

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

Chronicle AM: Colombia Legalizes MedMJ, MD MedMJ Delayed Until 2017, More (12/22/15)

DPA ups the pressure on Louisiana Gov. Jindal to free Bernard Noble, Maryland patients face further delays, Colombian patients won't, and more.

Colombian President Santos signs medical marijuana decree today. (colombia.gob)
Marijuana Policy

The Drug Policy Alliance Requests Sentencing Reprieve for Louisianan Given 13-year Prison Sentence for Possession of Two Marijuana Cigarettes. The Drug Policy Alliance today formally requested the Louisiana governor today to grant Bernard Noble a gubernatorial reprieve and release Mr. Noble from prison, where he has served more than four years behind bars having been sentenced to a term of 13.3 years of hard labor without the opportunity for parole for possessing the equivalent of two marijuana cigarettes. "The sentence inflicted by Louisiana on Mr. Noble for simple, low-level marijuana possession, on a gainfully employed father with absolutely no history of any serious or violent crime, is a travesty," said Daniel Abrahamson, senior legal advisor to the Drug Policy Alliance. "Mr. Noble's sentence does not enhance public safety. It has devastated Mr. Noble and his family. And it flies in the face of what Louisianans believe and what current law provides. Governor Jindal should exercise mercy and use his power as Governor to advance fairness, justice and compassion by issuing Mr. Noble a sentencing reprieve."

Wyoming Decriminalization Bill Introduced. For the third year in a row, Rep. Jim Byrd (D-Cheyenne) has introduced a bill to decriminalize pot possession. House Bill 3 would decriminalize up to an ounce of marijuana, with a $50 for less than a half ounce and a $100 fine for up to an ounce.

Medical Marijuana

Maryland Patients Will Wait Until 2017 to Get Their Medicine. The state Medical Cannabis Commission said Monday that it will not award cultivation and processing licenses until sometime next summer, pushing back the date when patients can get to be able to obtain their medicine to sometime in 2017. The state passed its medical marijuana law in 2013, but has faced several delays. Now, one more.

New Jersey Senate Panel Approves Employment Protections for Patients. The Senate Health, Human Services and Senior Citizens Committee voted 6-0 Monday to approve a bill that would bar employers from firing people because they are medical marijuana patients. The bill, Senate Bill 3162, now heads for the Senate floor. "It was not the intent of the legislature when we passed the Compassionate Use Medical Marijuana Act to allow patients to lose their jobs simply because of their use of medical marijuana," state Sen. Nicholas Scutari (D-Union), who sponsored by the medical marijuana law and this workplace bill said in a statement before the hearing. "Medical marijuana should be treated like any other legitimate medication use by an employee."

Harm Reduction

Indiana County to Start Needle Exchange in Bid to Fend Off Hep C. Monroe County will become the fourth in the state to authorize needle exchange programs after officials there declared a public health emergency amid an outbreak of Hepatitis C. That declaration allows the county to start a needle exchange program.

International

Colombia Legalizes Medical Marijuana. President Juan Manuel Santos today signed a decree legalizing medical marijuana. "This decree allows licenses to be granted for the possession of seeds, cannabis plants and marijuana," he said from the presidential palace. "It places Colombia in the group of countries that are at the forefront... in the use of natural resources to fight disease."

Israel's Top Ethicist Calls for Marijuana Legalization. Professor Asa Kasher, described as "Israel's preeminent expert on ethics and philosophy," told the Knesset Committee on Controlled Substances Tuesday that restrictions on medical use of marijuana violated the principles of medical ethics and that general legalization "can be promoted, but only if the process includes relevant regulation."

Chronicle AM: Pittsburgh Decriminalizes, College Drug Testing News, ODs Hit Record High, More (12/21/15)

Pittsburgh decriminalizes, Detroit restricts dispensaries, the Univ. of Alabama is forcing all frat members to be drug tested, fatal drug overdoses hit a record high last year, and more.

Rastaman has reason to smile after Jamaica grants festival a "marijuana exemption." (wikimedia.org)
Marijuana Policy

Massachusetts Legalization Initiative Signature Count Certified. The initiative from the Campaign to Regulate Marijuana Like Alcohol has been certified as handing in enough signatures to force the legislature to consider it this spring. If the legislature rejects it or fails to act by May 3, the campaign must then come up with another 10,000 signatures to put the issue directly to the voters in November.

Pittsburgh City Council Approves Decriminalization. The council voted 7-2 today to approve a decriminalization ordinance. The bill makes possession of 30 grams or less a ticketable offense, with a fine of $100. The measure was intended to "help break the damning life-long consequences of unemployment, lack of education, and being caught in a revolving criminal justice system," said bill sponsor Public Safety Chair David Lavelle.

Medical Marijuana

Detroit City Council Approves Restrictive Dispensary Ordinance. The council voted 6-1 last Thursday to approve a new zoning ordinance that will likely force the closure of many of the city's 150 or so dispensaries. The new ordinance prohibits dispensaries from operating within 1,000 feet of schools, churches, parks, liquor stores, other places considered drug-free zones, or another dispensary.

Public Health

CDC: Drug Overdoses Hit New High Last Year. The Centers for Disease Control reported last Friday that more than 47,000 Americans died of drug overdoses in 2014, with 60% of them involving heroin or prescription opiates. Heroin overdose deaths were up 26%, prescription opiate deaths were up 9%, and synthetic opiate deaths (mainly fentanyl) nearly doubled over 2013.

Drug Testing

University of Alabama Subjects All Frat Members to Mandatory Drug Tests. Every fraternity member at the school was required to pass a drug test at the beginning of the academic year, and now, fraternity members are being randomly selected each week for more drug tests. If students test positive, they get several warnings before they are expelled from the fraternity and a university anti-drug program intervenes to "help students get back on track before the school doles out harsher penalties. The drug testing program has been criticized by fraternity members and others as invading the privacy of students, but no one has yet challenged it in court.

ACLU to Appeal Federal Court Ruling Allowing Drug Testing of All Students at Missouri Tech College. The ACLU of Missouri said it will appeal an 8th US Circuit Court of Appeals ruling upholding the suspicionless drug testing of all students at the State Technical College of Missouri. The ACLU is seeking a rehearing of the case before the same three-judge appeals court panel that ruled in the school's favor or by the entire bench in the 8th Circuit. The ACLU had filed suit in 2011 to challenge the policy and won at the district court level, but the appeals court last year reversed the lower court decision. The federal courts have held that, with a handful of exceptions, mandatory suspicionless drug testing violates the Fourth Amendment's proscription against warrantless searches and seizures. The ACLU said the appeals court decision is "poorly crafted and departs from the 8th Circuit and Supreme Court precedent."

International

"Marijuana Exemption" Granted for Jamaica Rasta Festival. The Rebel Salute 2016 festival, to be held next month in St. Ann, has been granted a "marijuana exemption" personally delivered by Justice Minister Mark Golding. "Persons who are adherents of the Rastafarian faith, or Rastafarian organizations, may apply for an event promoted or sponsored by them to be declared an exempt event. In order to apply, the event must be primarily for the purpose of the celebration or observance of the Rastafarian faith," explained a Justice Ministry factsheet. "Where an event is declared exempt, persons who attend the event will not be liable to be arrested, detained or prosecuted for smoking ganja or possession of ganja at the event, or transporting ganja to the event, as long as they have complied with the amounts and conditions specified in the order declaring it an exempt event." This is the second time such an exemption has been granted.

Chronicle AM: Obama to Free 93 Drug War Prisoners, Budget Deal Includes Drug Reforms, More (12/18/15)

The omnibus budget bill approved by Congress today includes several drug policy provisions, the president commutes the sentences of 93 drug war prisoners, Iranian parliamentarians move to end the death penalty for non-violent drug smuggling offenses, and more.

There will be a bit less overcrowding in federal prisons next spring. (nadcp.org)
Marijuana Policy

US Postal Service Doubles Down on Marijuana Advertising Mailing Ban. What started as a one-off letter to a small Washington state newspaper has now become official USPS policy nationwide. The agency's general counsel has penned a new letter directing postal carriers across the country to report marijuana ads to law enforcement, and now, Oregon federal representatives are trying to get to the bottom of it. "We are working as a delegation to quickly find the best option to address this agency's intransigence," said Sens. Ron Wyden and Jeff Merkley and Reps. Suzanne Bonamici and Earl Blumenauer in a statement. "We want federal authorities to respect decisions made by law-abiding Oregonians and small business owners in the state. Unfortunately, the outdated federal approach to marijuana as described in the response from the Postal Service undermines and threatens news publications that choose to accept advertising from legal marijuana business in Oregon and other states where voters have also freely decided to legalize marijuana."

Oregon Indian Tribe Votes to Approve Marijuana. Members of the Confederated Tribes of Warm Springs overwhelmingly approved a referendum that would allow for the growing, processing, and selling of marijuana. The referendum passed with 86% of the vote.

Medical Marijuana

Florida Supreme Court Okays Medical Marijuana Initiative Language. The state's high court determined that the initiative is limited to a single subject and its ballot wording informs voters fairly. That means if supporters collect enough valid voter signatures, the measure will appear on the November 2016 ballot.

Congress Passes Budget Bill That Bars DOJ From Interfering in Medical Marijuana States. The omnibus spending bill approved by Congress this morning includes several drug reform provisions, although reformers didn't get everything they wanted. The bill includes language blocking the Justice Department and DEA from spending money to interfere with state medical marijuana laws or hemp research projects and it also lifts a freeze on federal funding for needle exchange programs. But Congress failed to approve amendments to allow banks to provide financial services to marijuana businesses or to allow veterans to have access to medical marijuana, despite the Senate having approved both. And the Congress again included provisions that block Washington, DC, from taxing and regulating marijuana.

Hemp

Key Hemp Provision Added to the Omnibus Appropriations Act of 2016. The budget bill that passed Congress today protects the transportation, processing, and sale of hemp that is from Farm Bill-compliant pilot programs. The provision was added to the bill by Senate Majority Leader Mitch McConnell (R-KY).

Harm Reduction

Congress Passes Budget Bill That Includes End to Ban on Federal Needle Exchange Funds. The omnibus spending bill approved by Congress this morning lifts a freeze on federal funding for needle exchange programs. The ban had been put in place in the midst of drug war and AIDS hysteria in 1988 and was repealed in 2009, when Democrats controlled both chambers, but reinstated by congressional Republicans after they regained control of the House in 2011.Since then, outbreaks of HIV and Hepatitis C in southwestern Indiana and the impact of rising heroin use in states like Kentucky and West Virginia have weakened Republican opposition to restoring the funding.

Sentencing

Obama Commutes Sentences for Nearly a Hundred Federal Drug Prisoners. President Obama today commuted the federal prison sentences of 95 men and women, all but two of them drug offenders serving draconian sentences. He also issued pardons for two people who have already served their sentences. This single step nearly doubles the number of sentence commutations the president has issued in his seven years in office, bringing the total to 184. While that is a tiny fraction of the hundred thousand drug offenders serving federal time, the number of commutations is more than the previous five presidents combined.

International

Move to End Death Penalty for Drug Smuggling in Iran. At least 70 members of the Iranian parliament are supporting an effort to end the death penalty in nonviolent drug smuggling cases. The country is most likely the world's leading drugs executioner, with one UN official estimating that it will hang a thousand people for drug crimes this year. Lawmakers are preparing a bill to present to the parliament.

President Obama Commutes Sentences of Nearly a Hundred Federal Drug Prisoners

President Obama today commuted the federal prison sentences of 95 men and women, all but two of them drug offenders serving draconian sentences. He also issued pardons for two people who have already served their sentences.

President Obama commutes drug sentences. (whitehouse.gov)
Many had been imprisoned since the 1990s. Some were doing life sentences for drug offenses. Most were cocaine offenders, but the commutations also included people doing time for marijuana, meth, and heroin.

This single step nearly doubles the number of sentence commutations the president has issued in his seven years in office, bringing the total to 184. While that is a tiny fraction of the hundred thousand drug offenders serving federal time, the number of commutations is more than the previous five presidents combined.

Recent Republican presidents have tended to be stingier with the commutation power than recent Democrats. Jimmy Carter commuted 29 sentences and Bill Clinton commuted 61, but Ronald Reagan only commuted 13 and the Bush father and son team only commuted 14 between them.

Commutations apply to prisoners who are still serving their sentences, while pardons apply to those who have already completed them. The prisoners whose sentences were commuted today are set to walk out of prison next April.

"Most of the commutations the President has granted have been to nonviolent offenders sentenced under those unjust -- and now outdated -- drug crime sentencing rules," the White House said as it announced the commutations today. "If these individuals had been convicted for the exact same crime under today's laws, nearly all of them would have already finished serving their time."

The president sent a personal letter to each of the 95 people receiving a commutation: "I am granting your application because you have demonstrated the potential to turn your life around," he wrote. "Now it is up to you to make the most of this opportunity. It will not be easy and you will confront many who doubt people with criminal records can change… But remember that you have the capacity to make good choices. By doing so you will affect not only your life, but the lives of those around you. You will also influence, by your example, the possibility that others in your circumstances get their second chance in the future."

President Obama has taken other steps to address harsh drug war sentencing, including supporting and signing the Fair Sentencing Act, which reduced the disparity in crack and powder cocaine sentencing; creating a task force on 21st Century policing, and launching the Smart on Crime initiative, which includes the Justice Department modifying its policies on mandatory minimum sentencing.

Last year, he signaled that he wanted to make broader use of the clemency power, and Deputy Attorney General James Cole laid out criteria for those who would qualify. Those include people who are nonviolent, low-level offenders without significant ties to large gangs or cartels who have served at least 10 years of their sentence, have no other significant criminal history, have shown good conduct in prison, have no history of violence, and who would like have received a significantly lower sentence if sentenced today.

Since then, a consortium of lawyers calling itself Clemency Project 2014 has volunteered to handle and help process clemency requests. Tens of thousands of federal prisoners have responded. While President Obama has commuted more sentences than any recent president, there are thousands more that meet the criteria. He has one more year to exercise his commutation power.

Spending Bill Just Passed By Congress Includes Important Drug Reforms

The omnibus spending bill approved by Congress this morning includes several drug reform provisions, although reformers didn't get everything they wanted. The bill includes language blocking the Justice Department and DEA from spending money to interfere with state medical marijuana laws or hemp research projects, and it also softens a freeze on federal funding for needle exchange programs.

But Congress failed to approve amendments to allow banks to provide financial services to marijuana businesses or to allow veterans to have access to medical marijuana, despite the Senate having approved both. And the Congress again included provisions that block Washington, DC, from taxing and regulating marijuana.

The language blocking the Justice Department from going after medical marijuana where it is legal also came in the form of an amendment from Rep. Dana Rohrabacher (R-CA) and Rep. Sam Farr (D-CA), which was passed last year, but had to be renewed this year. In the Senate, Sen. Barbara Mikulski (D-MD) sponsored the amendment.

Drug and criminal justice reformers welcomed the progress on Capitol Hill.

"The renewal of this amendment should bring relief for medical marijuana patients and business owners," said Michael Collins, Deputy Director of National Affairs for the Drug Policy Alliance. "For decades Congress has been responsible for passing disastrous drug laws. It's encouraging to see them starting to roll back the war on drugs by allowing states to set their own medical marijuana policies."

"Patients who benefit from medical marijuana should not be treated like dangerous criminals, and the businesses that support them need to be protected from the old drug war mentality that still runs deep within the DEA," said Major Neill Franklin (Ret.), executive director for Law Enforcement Against Prohibition (LEAP), a group of criminal justice professionals working to end the drug war. "It's very encouraging to see such widespread support for protecting state's rights and the rights of patients."

Reformers also cheered the softening of a ban on states and localities spending federal AIDS funds on needle exchange programs. The ban was put in place in the midst of drug war and AIDS hysteria in 1988, and repealed in 2009 when Democrats controlled both chambers of Congress, but reinstated by congressional Republicans after they regained control of the House in 2011.

Since then, outbreaks of HIV and Hepatitis C in southwestern Indiana and the impact of rising heroin use in states like Kentucky and West Virginia have weakened Republican opposition to restoring the funding, but not completely. There is still a ban on federal funding of syringes for the programs, but funds can be used for other program expenses such as staff, if a local or state authority has issued an emergency finding.

"Syringe access programs are a sound public health intervention, rooted in science, and proven to drastically reduce the spread of HIV and hepatitis C," said DPA's Collins. "Lifting this archaic ban will save thousands of lives."

"Needle exchange is a public health and safety necessity," said retired corrections officer, substance abuse counselor, and LEAP speaker, Patrick Heintz. "This new law will not only protect those who use drugs from disease, but it will help prevent other innocent victims who come into intimate contact with people who use IV drugs that have been forced for so long to share contaminated needles."

Needle exchange programs are proven to reduce the spread of HIV, Hep C, and other blood-borne diseases and are supported by every major medical and public health organization, including the American Medical Association, the National Academy of Sciences, American Academy of Pediatrics, American Bar Association, and US Conference of Mayors, as well as UNICEF, the World Bank, and the International Red Cross-Red Crescent Society.

Washington, DC
United States

Chronicle AM: DE Decriminalizes Tomorrow, Drought Halves Afghan Opium Crop, More (12/17/15)

The Obama administration weighs in on Nebraska and Oklahoma's lawsuit against Colorado legalization, Delaware decrim goes into effect tomorrow, Hawaii released medical marijuana dispensary rules, drought is hurting Afghan poppy production, and more.

Afghan opium production is down 48% this year, thanks to drought conditions. (unodc.org)
Marijuana Policy

Obama Administration Urges Supreme Court to Dismiss States' Suit Against Colorado Marijuana Law. In a brief filed Wednesday, the US Solicitor General urged the Supreme Court to dismiss a lawsuit by the states of Nebraska and Oklahoma against Colorado's marijuana legalization law. The two states had filed the lawsuit in December 2014, complaining that "the State of Colorado has created a dangerous gap in the federal drug control system" and that "marijuana flows from this gap into neighboring states, undermining Plaintiff States' own marijuana bans, draining their treasuries, and placing stress on their criminal justice systems." Nebraska and Oklahoma argued that Colorado's voter-approved system of taxed and regulated marijuana commerce conflicts with the Controlled Substances Act and thus violates the Constitution's supremacy clause. They seek an injunction invalidating the sections of the Colorado legalization law that regulate legal marijuana commerce. But in its brief urging the high court to dismiss the lawsuit, the Solicitor General argues that the Supreme Court is not the proper venue for the case because Nebraska and Oklahoma show no direct injury by the state of Colorado (as opposed to third parties acting criminally) and it is thus not a proper case of original jurisdiction. The proper jurisdiction, the Solicitor General suggested, was federal district court.

Delaware Decriminalization Goes Into Effect Tomorrow. Beginning tomorrow, people caught possessing an ounce of pot or less will face a $100 civil fine instead of a criminal charge. Minors caught smoking pot in public will still face criminal sanctions.

Vermont Marijuana Legalization Bill Unveiled. A legalization bill to be introduced next month by Sens. Jeannette White (D-Windham) and Joe Benning (R-Caledonia) will allow Vermonters to possess up to one ounce and grow up to 100 square feet. Any harvest from personal grows in excess of an ounce must be kept in a secured location. The bill would also set up a system of regulated marijuana commerce, and it would for public consumption in lounges where customers could purchase and use marijuana.

Pittsburgh Decriminalization Wins Preliminary Vote. The city council voted 6-1 Wednesday to approve a bill decriminalizing marijuana possession. The bill would make possession of up to 30 grams a civil infraction with a $100 fine.

Medical Marijuana

Hawaii Health Department Issues Dispensary Rules. The Health Department Tuesday released detailed rules for dispensaries. The rules cover the application process, security, quality control, and auditing of records and operations for commercial grows and dispensaries. Earlier this year, the legislature and the governor approved opening up eight dispensaries.

International

Drought Forces Decline in Afghan Opium Production. For the first time since 2009, opium production has decreased in Afghanistan, the UN Office on Drugs and Crime said reported. The area under cultivation declined by 19% from last year -- an all-time high -- and production declined even more, by 48%. UNODC attributed the decline to drought conditions. "The low (overall) production can be attributed to a reduction in area under cultivation, but more importantly to a drop in opium yield per hectare," said the report, which was released last week. "The lack (of) sufficient water for irrigation... affected the decision of some farmers not to cultivate poppy."

Mexico City Mayor Proposes Legalizing Marijuana-Based Medicines. Mayor Miguel Angel Mancera is pushing a national initiative in the congress to allow the importation -- but not the production in Mexico -- of marijuana-based medications. He said if morphine-based medicines are legal, marijuana-based ones should be, too.

Obama Administration Urges Supreme Court to Dismiss States' Suit Against Colorado Marijuana Law

In a brief filed Wednesday, the US Solicitor General urged the Supreme Court to dismiss a lawsuit by the states of Nebraska and Oklahoma against Colorado's marijuana legalization law.

Will they agree with the Solicitor General?
The two states had filed the lawsuit in December 2014, complaining that "the State of Colorado has created a dangerous gap in the federal drug control system" and that "marijuana flows from this gap into neighboring states, undermining Plaintiff States' own marijuana bans, draining their treasuries, and placing stress on their criminal justice systems."

Nebraska and Oklahoma argued that Colorado's voter-approved system of taxed and regulated marijuana commerce conflicts with the Controlled Substances Act and thus violates the Constitution's supremacy clause.

They seek an injunction invalidating the sections of the Colorado legalization law that regulate legal marijuana commerce.

But in its brief urging the high court to dismiss the lawsuit, the Solicitor General argues that the Supreme Court is not the proper venue for the case because Nebraska and Oklahoma show no direct injury by the state of Colorado (as opposed to third parties acting criminally) and it is thus not a proper case of original jurisdiction.

The proper jurisdiction, the Solicitor General suggested, was federal district court.

The state of Colorado is fighting the lawsuit, and the Solicitor General's brief largely followed the arguments of the state in its briefs.

Drug reformers applauded the action.

"We are pleased the DOJ agrees that this lawsuit borders on the frivolous. States have historically been allowed to establish their own criminal laws," said Jolene Forman, staff attorney for the Drug Policy Alliance. "Moreover, Colorado is putting resources into ensuring its policies follow DOJ guidelines and has worked extensively with the DOJ towards this goal."

The federal government itself has not challenged the regulatory law in Colorado, nor did they choose to interfere with its implementation. To the contrary, the government has deprioritized enforcement of state-level marijuana reforms and acknowledged the interests that both states and the Federal government have in openly regulating marijuana.

"Nebraska and Oklahoma's primary problems are their own punitive policies regarding marijuana use and possession," said Art Way, Colorado State Director of the Drug Policy Alliance. "It is not Colorado's fault these states look to spend such a high degree of law enforcement and judicial resources on marijuana prohibition. Nebraska and Oklahoma should look to establish policies based on the potential harm of marijuana as opposed to simply using marijuana as the gateway to their criminal justice systems."

"This is the right move by the Obama administration," said Tom Angell, chairman of Marijuana Majority. "Colorado and a growing number of states have decided to move away from decades of failed prohibition laws, and so far things seem to be working out as planned. Legalization generates tax revenue, creates jobs and takes the market out of the hands of drug cartels and gangs. New federal data released this week shows that as more legalization laws come online, we're not seeing an increase in teen marijuana use, despite our opponents' scare tactics," he continued.

Washington, DC
United States

This Week's Corrupt Cops Stories

A sticky-fingered Ohio cop heads for prison, so does a gun-smuggling Miami cop, an Indiana cop gets busted peddling dope, and more.

In Anderson, Indiana, an Anderson police officer was arrested last Thursday after he allegedly sold drugs to an undercover FBI agent. Donald Jordan, 52, went down after a tipster told the FBI Jordan had offered to sell him marijuana. The FBI then sent an undercover agent to seek Xanax and hydrocodone from him and succeeded in scoring. He was then arrested. It's not clear what the precise federal charges are, but he's looking at up to 15 years in prison.

In Chicago, a former Cook County jail guard pleaded guilty December 5 to smuggling marijuana, alcohol, and tobacco into the jail. Jason Marek, 30, copped to one count of federal program bribery, which carries a maximum 10-year sentence. He smuggled the contraband into the jail inside sandwiches. He had agreed to smuggle in the pot and booze for an inmate after the inmate paid him $200 for used (!) chewing tobacco.

In Newark, New Jersey, a former Miami-Dade police lieutenant was sentenced last Wednesday to 10 years in federal prison for teaming up with cocaine smugglers to smuggle guns through airport security. Ralph Mata had been an internal affairs lieutenant, one of the agency's most sensitive jobs. He admitted buying six guns for an established cocaine smuggling ring, smuggling them through checkpoints at Miami International Airport, and onto planes bound for the Dominican Republic. He was a 23-year veteran of the force.

In Cleveland, a former Warrensville Heights police officer was sentenced Monday to three years in prison for stealing drugs and some $41,000 in cash from the department. Andre Harmon, 54, must also pay $10,000 in fines and $41,000 in restitution. He pleaded guilty last month to drug possession, theft in office and tampering with records. He was responsible for destroying seized drugs, but instead took them home and filed false affidavits that he had destroyed them.

Medical Marijuana Update

The specter of state regulation is prompting California cities and counties to regulate or ban medical marijuana activities, including several more this week; Florida's already delayed medical marijuana program faces more delays, Chicago sees its first dispensary, and more.

National

On Tuesday, Congress agreed to continue blocking DEA interference with medical marijuana states. Lawmakers have extended a ban on funding for the DEA and Justice Department to go after medical marijuana in states where it is legal. They also extended protections for hemp research, but failed to include provisions that would have allowed pot businesses to use the financial system and would have allowed Veterans Administration doctors to recommend medical marijuana.

California

On Monday, the Dana Point city council voted unanimously to ban cultivation, sales and deliveries. The move comes as the county seeks to maintain regulatory authority by acting before March 1, when the California Medical Marijuana Regulation and Safety Act shifts control to the state if localities have not acted.

On Tuesday, Contra Costa County supervisors unanimously supported a cultivation and delivery ban for unincorporated areas of the county. Supervisors said it was to maintain local control ahead of the new medical marijuana law, but local activists say they don't trust local officials to regulate -- instead of ban -- such activities.

Also on Tuesday, Ventura County supervisors voted unanimously to formalize bans on commercial cultivation and sales ahead of the new state law. All 10 cities in the county also have similar bans, and the cities that don't have formal bans are working to enact them.

Florida

As of Monday, the state is being challenged over its medical marijuana grower licensing scheme. Eleven companies are challenging the way the state issued licenses for the nascent industry. The challenges will be heard by the Florida Division of Administrative Hearings. This means another round of court proceedings and further delays in getting medicine to patients. The program is already a year behind schedule, and now the earliest that medicines could be available is next spring or summer.

On Tuesday, the medical marijuana initiative campaign had 900,000 signatures. The United for Care initiative campaign says it already has 900,000 signatures, but is aiming for more than one million. These are raw signatures. The initiative will need 683,149 valid voter signatures to qualify for the 2016 ballot. A similar initiative won 58% of the vote last year, but failed because, as a constitutional amendment, it needed 60% to pass.

Georgia

Last Friday, the state's medical marijuana commission rejected in-state growing. The Commission on Medical Cannabis voted 9-5 against allowing medical marijuana to be grown in the state, but the main proponent of expanding the program, Rep. Allen Peake (R-Macon) said he was still optimistic he can get in-state cultivation approved. "I think we can still make a compelling argument to the governor," Peake said. "I think we can address the fears of law enforcement. I think we can address the issue of potential demand. I'm absolutely certain we can provide legislation that both maximizes the benefit for our citizens and minimizes the risk to public health in our state."

On Monday a new poll found strong support for medical marijuana. Under current Georgia law, people with certain illnesses are allowed to use medical marijuana, but it can't be grown or produced in the state. A new poll has 84.5% of respondents supporting expanding that law to allow for in-state cultivation with strict regulation. Rep. Allen Peake (R-Macon) has sponsored legislation that would do just that.

Illinois

Last Wednesday, the first dispensary in the Second City opened for businesss. Chicago's first medical marijuana dispensary opened in Uptown. Dispensary 33 opened on North Clark Street. Some 150 patients are registered to use it.

Last Friday, the state told patients they couldn't be gun owners, then retreated. Illinois state police sent letters to a handful of patients saying their firearms cards were being revoked, but now say the letters were sent in error. Patients remain skeptical.

On Wednesday, the state said it will allow residents to petition to add more qualifying conditions. State residents hoping to add a new disease or medical condition to the state's list of qualifying conditions will be able to do so during the month of January, state health officials said Wednesday. They can submit petitions to the state Department of Public Health through January 31.

Michigan

Last Tuesday, there were fireworks at a Senate medical marijuana hearing. A hearing on a package of bills to regulate dispensaries grew heated as Marine Corp veteran Dakota Serna, who uses medical marijuana for PTSD, lashed out at changes in the bill that would tax patients and send some of the revenues to law enforcement. "This bill not only takes more money from them, it taxes their medicine -- you're going to give some of that medicine to the sheriff's department, the jackboots, the thugs that comes into people's homes and kick in the door," said Serna. That led to an angry exchange with Senate Judiciary Committee Chair Rick Jones (R-Grand Ledge), who then ordered Serna to leave the hearing. The National Patients' Rights Association, which had supported the bill, said it is withdrawing its support after the changes, which would treat medical marijuana much like the state treats alcohol.

Last Thursday, activists managed to kill those dispensary bills Sen. Rick Jones (R-Grand Ledge) has given up on moving his medical marijuana dispensary bills in the face of strong opposition by activists. The link has all the juicy details.

Missouri

Last Thursday,a medical marijuana initiative was approved for circulation. Secretary of State Jason Kander (D) has approved a medical marijuana initiative for signature-gathering. Read the initiative here.

Utah

On Monday, a new poll had strong support for medical marijuana. Some 61% of Utahns support legalizing medical marijuana, according to a new poll from Dan Jones and Associates. The poll comes as Sen. Mark Madsen (R-Saratoga Springs) says he will reintroduce a medical marijuana in the coming session. His bill last session failed by one vote in the Senate.

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

Chronicle AM: Ireland to Allow SIF, Congress Renews DEA Funding Ban in MedMJ States, More (12/16/15)

Congress continues to block DEA harassment in medical marijuana states, Washington state could see a lot more pot shops, it looks like Florida will vote again on medical marijuana, Ireland is moving toward setting up a supervised injection site in Dublin, and more.

A supervised injection site is coming to Dublin next year. (vch.ca)
Marijuana Policy

Congress to Continue Blocking DEA Interference With Medical Marijuana States. Lawmakers have extended a ban on funding for the DEA and Justice Department to go after medical marijuana in states where it is legal. They also extended protections for hemp research, but failed to include provisions that would have allowed pot businesses to use the financial system and would have allowed Veterans Administration doctors to recommend medical marijuana.

Washington Could Allow Lots More Marijuana Stores. The Washington State Liquor and Cannabis Board (WSLCB) today heard a staff recommendation to increase the number of retail marijuana outlets from 334 to 556. The move is expected to be finalized in emergency rules to be announced January 6.

Medical Marijuana

Florida Medical Marijuana Initiative Already Has 900,000 Signatures. The United for Care initiative campaign says it already has 900,000 signatures, but is aiming for more than one million. These are raw signatures. The initiative will need 683,149 valid voter signatures to qualify for the 2016 ballot. A similar initiative won 58% of the vote last year, but failed because, as a constitutional amendment, it needed 60% to pass.

Illinois to Consider Adding New Qualifying Conditions. State residents hoping to add a new disease or medical condition to the state's list of qualifying conditions will be able to do so during the month of January, state health officials said Wednesday. They can submit petitions to the state Department of Public Health through January 31.

Methamphetamine

Indiana Legislators Compete Over How to Restrict Access to Cold Medications. Faced with a bill that would require a doctor's prescription to obtain cold medications containing pseudoephedrine, two lawmakers have come up with an alternative measure that would instead allow pharmacists to decide whether or not customers could buy the cold medications.

Drug Treatment

Most People in Treatment for Marijuana Are Sent There By Courts. A report this month from the US Department of Health and Human Services finds that between 2003 and 2013 52% of people in drug treatment for marijuana were referred by the criminal justice system. Only 18% were in treatment because they sought it themselves.

International

Irish Cabinet Approves Supervised Injection Site in Dublin. The cabinet has approved a pilot plan for a medically supervised injection facility in the nation's capital. The move came yesterday and was at the behest of Aodhan O'Riordain, the minister in charge of the National Drug Strategy. The country's drug law must first be amended to allow for such facilities, which should happen early next year.

Annual Study Finds Legalization Hasn't Increased Teen Use [FEATURE]

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

The University of Michigan's annual Monitoring the Future (MTF) survey of teen drug use was released today and shows that softening attitudes toward marijuana and actual marijuana legalization in four states and Washington, DC, have not translated into increased teen pot smoking.

The survey also had generally good news about other drugs, reported declines in teen use of ecstasy, heroin, alcohol, cigarettes, and synthetic cannabinoids.

MTF has been tracking drug use, including alcohol and tobacco, since 1975, and surveys more than 40,000 8th, 10th, and 12th graders in some 400 public and private secondary schools across the country. The research is sponsored by the National Institutes on Drug Abuse.

"Marijuana, the most widely used of the illicit drugs, did not show any significant change in annual prevalence this year in any of the three grades, nor in the three grades combined," MTF reported in its press release. "After rising for several years, the annual prevalence of marijuana has more or less leveled out since about 2010."

That's significant since legalization wasn't approved in Colorado and Washington until November 2012 and in Alaska, Oregon, and Washington, DC, in November 2014. And in each case, it took some time to actually go into effect.

If legalization in the states has had any effect on teen pot use rates, the MTF figures make clear it hasn't shown up yet. Teen pot use stabilized before legalization and hasn't increased since.

While use rates have been stable for the last five years, with 12% of 8th graders, 25% of 10th graders, and 35% of seniors reporting using at least once in the past year, they are well above the historic lows that MTF reported in the early 1990s (although near the levels of the survey's earliest years in the 1970s, which, interestingly, are omitted from the tables accompanying this year's report).

The report also found that a tiny fraction of teens are using marijuana regularly. These rates stand at 1.1%, 3.0% and 6.0% in 8th, 10th and 12th grades, respectively. These rates are also higher than the historic lows from the early 1990s.

The stabilization of teen marijuana use comes even as MTF reports that the percentage of students who see its use as carrying a great risk has declined dramatically. Fewer than a third (32%) of seniors saw a great risk, down from 58% in 2005, and similar decreases obtained for 8th and 10th graders.

And it comes even as teen support for legalization grows. A June 2014 MTF report noted that, "The proportion of 12th-grade students who favor legalization of marijuana was at the highest level ever recorded" and, "The proportion of 12th-grade students who favor marijuana use as a crime is at the lowest level ever recorded by the survey."

Students for Sensible Drug Policy was quick to make the obvious point.

"Youth marijuana use is stable, and even falling in some categories, all while a growing number of states enact legalization," said Betty Aldworth, the group's executive director. "This new data solidifies early indications that the scare tactics peddled by prohibitionists are false. Criminalization isn't the way to encourage young people to make healthy choices; regulating a legal market and honest, reality-based education is."

"That fact is made even more clear by the continued reduction in youth tobacco and alcohol use. We didn't need to put anyone in handcuffs or jail cells to convince an historic number of students to avoid smoking and drinking. These reductions were achieved with honest, evidence-based public health strategies and not by criminalizing cigarettes or beer. Drug use is a health matter and should be treated that way," Aldworth concluded.

Chronicle AM: Drug Czar Calls Drug War a Failure, But..., New Yorkers Toke Up in Streets, More (12/15/15)

The New York Times discovers public pot smoking in its backyard, another Florida jurisdiction decriminalizes, Florida's medical marijuana program faces more delays, the drug czar calls the drug war a failure, and more.

Marijuana Policy

New Yorkers Are Smoking Pot on the Streets! The New York Times rather breathlessly reports it has discovered that "lighting up and strolling around seems increasingly common in pockets of Brooklyn, on side streets in Manhattan and in other public spaces." The newspaper cites street smokers are saying they are emboldened by legalization elsewhere in the country and by the low-key comments of the city's leaders, including the police commissioner. Public pot smoking remains an arrestable offense, but that doesn't appear to be stopping a lot of people, especially white people. White people make up less than 9% of those arrested for pot possession.

Florida's Palm Beach County Decriminalizes. County commissioners voted this morning to decriminalize the possession of 20 grams or less of marijuana. Officers can still arrest possessors, but now have the option of simply issuing them a $100 ticket instead. Miami-Dade County has already decriminalized, and so have several municipalities in the Greater Miami area.

Medical Marijuana

Florida Challenged Over Medical Marijuana Grower Licensing. Eleven companies are challenging the way the state issued licenses for the nascent industry. The challenges will be heard by the Florida Division of Administrative Hearings. This means another round of court proceedings and further delays in getting medicine to patients. The program is already a year behind schedule, and now the earliest that medicines could be available is next spring or summer.

Drug Policy

Drug Czar Calls Drug War a Failure, But Resists Calls to Legalize Marijuana. Office of National Drug Control Policy (ONDCP -- the drug czar's office) head Michael Botticelli proclaimed the war on drugs a failure during a CBS "60 Minutes" interview. He said the "failed policies and failed practices" of the past were largely responsible for the country's mass incarceration problem. "It has been all wrong," he said. "We can't arrest and incarcerate addiction out of people. Not only do I think it's really inhumane, but it's ineffective, and it cost us billions upon billions of dollars to keep doing this." But he couldn't wrap his head around marijuana legalization, arguing that legal drugs kill half a million people a year and that legalizing would send the wrong message."So, we know that about one in nine people who use marijuana become addicted to marijuana. It's been associated with poor academic performance, in exacerbating mental health conditions linked to lower IQ," he said, adding that he fears states becoming co-dependent on "tax revenue that's often based on bad public health policy."

International

Ireland Proposes Drugged Driving Law That Could See "Completely Sober" Drivers Arrested. Transport Minister Paschal Donohoe is backing proposed drugged driving legislation that would allow for roadside drug testing of drivers and prosecution of drivers who had even inactive metabolites of drugs such as marijuana in their systems. When asked if the bill could lead to the prosecution of "completely sober" drivers, Donohoe replied, "yes." Under more questioning, he denied that prosecuting drivers who were not impaired but who had marijuana metabolites in their systems was a case of the government prosecuting drug offenses. "No, it's a road safety offense," he said.

Black Lives Matter Makes A Powerful Connection With Racist Drug War [FEATURE]

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

The Black Lives Matter movement sprung out of the unjust killings of young black men (Trayvon Martin, Eric Garner, Michael Brown), either at the hands of self-styled vigilantes or police. But as the movement blossomed and matured, BLM began turning its attention to a broader critique of the institutional racism behind police violence against the black population.

While the war on drugs plays a central role in generating conflict between the black community and law enforcement, the critique of institutional racism in policing and the criminal justice system necessarily implicates the nation's drug policies. The grim statistics of racially biased drug law enforcement are well-known: blacks make up about 13% of the population, but 30% of all drug arrests; blacks account for nearly 90% of all federal crack cocaine prosecutions; black federal crack offenders were sentenced to far more prison time that white powder cocaine offenders; blacks and other minorities are disproportionately targeted in traffic stop and stop-and-frisks despite being less likely than whites to be carrying drugs, and so on.

People who have been spent careers working in the drug reform movement didn't need the publication of Michelle Alexander's The New Jim Crow to understand the corrosive and screamingly unfair impact of drug war racism on black communities, but the 2010 broadside helped open eyes outside the movement and deepened the visceral impact of drug war racism for those already in the trenches. The book continues to reverberate. And now, Black Lives Matter is bringing a whole new sense of energy and urgency to the issue.

Despite efforts by leading drug reform groups like the Drug Policy Alliance, the world of drug reform remains overwhelmingly white. With marijuana legalization proceeding at a rapid pace and business opportunities emerging, the unbearable whiteness of the marijuana industry is becoming an increasingly high-profile issue.

Last month, Black Lives Matter activists released Campaign Zero, a comprehensive platform for curbing police violence and reforming the criminal justice system in the US. The platform does not explicitly call for ending the war on drugs, but drug war policies and policing techniques are inextricably intertwined with the policing problems (and solutions) it identifies. Campaign Zero calls for decriminalizing marijuana within the context of a broader call for moving away from "broken windows" policing, as well as demanding an end to mass stop-and-frisk and racial profiling policies, both impelled in large part by the drug war. It also calls for an end to "policing for profit," whether through issuing tickets for revenue-raising purposes or through another drug war creation, the use of civil asset forfeiture to seize cash and goods from people without convicting them of a crime (sometimes without even arresting them).

Most of the other Campaign Zero policy proposals regarding police use of force, militarization and community control don't directly address the war on drugs, but because the drug war is so pervasive, it is implicated with them as well. According to the FBI, drug offenses were the single largest category of arrests made, constituting 1.5 million of the 11 million arrests nationwide last year.

How does a mostly white drug reform movement that is already intellectually aware of drug war racism, and that has used it to its advantage in efforts like the Washington, DC marijuana legalization fight and the struggle to roll back harsh mandatory minimum drug sentencing laws, deal with Black Lives Matter? To its credit, the Drug Policy Alliance took a big whack at it during last month's International Drug Policy Reform Conference in suburban Washington. While race and the drug war were an issue at numerous sessions during the conference, a Live National Town Hall on "Connecting the Dots: Where the Drug Policy Reform Movement and the #BlackLivesMatter Intersect" brought a laser-like focus to the topic. And it was a hot topic -- event organizers had to move the event to a larger room at the last minute when it became evident that hundreds of people were determined to be there.

They came to hear from a panel that included BLM co-founder Patrice Cullors, Break the Chains: Communities of Color and the War on Drugs founder and executive director Deborah Peterson-Small, NAACP Legal Defense Fund senior organizer Lumumba Bandele, DPA policy manager Kassandra Frederique, and St. Louis hip-hop artist T-Dubb-O. DPA program director Asha Bandele was the moderator.

People have to open their minds to new paradigms, the panelists warned. "People are so wedded to the institution of policing they can't even imagine something different, something radical," said Cullors. "We have to transform the way our communities have been completely devastated by the war on drugs."

"We are at a historic moment right now, a moment where freedom looks different to people than how it looked before," said Peterson-Small. "Harriet Tubman famously said she could have freed more slaves if the people only knew they were slaves -- that's the psychology of enslavement. What we need now is a conversation about white people who believe they're free when they're not," she said.

"We black people already know we're not free," Small continued. "I worry about the people who believe they're free, the people who think the police are your friends, that they're here to serve and protect you. You have a lot of illusions about the role of police in your lives."

The legacy of slavery lives on all too vividly in the modern criminal justice system, she said.

"Policing is the way white America continues to replicate the cycle of enslavement, the power dynamic on which this society is based. Every time a black man is arrested, it's a reenactment of that dynamic," Peterson-Small said.

"We believe in two incompatible things," she told the audience. "We believe that we live in a free and democratic country where anyone who works hard can succeed, but we also know we live in a country established by and for the benefit of white men. White folks are in denial about that incompatibility, but it's no longer possible to pretend something that's been going on for 200 years hasn't been happening."

Removing the blinders from white people's eyes is part of the struggle, she said. "Our fight for freedom is your fight for freedom. Oppressed people have to be the agent and catalyst of freedom for their oppressors," she told a rapt crowd.

DPA's Frederique talked about the imperative she felt to make the connection between her work as a drug reformer and the broader issue of racism in America in the wake of the Trayvon Martin killing.

"We can't wait to make the connection, I needed to understand how to make the connection," she said, "but I was without words. Now, I locate the work I do as racial justice. If we're going to continue to say that the war on drugs is war on people of color, if we continue to get nontraditional allies and say marijuana legalization is a civil rights issue and how we are winning, I find it hard to believe the idea that we can win the war on drugs without winning the war on people of color. If we think that, we're doing something wrong."

"Drug policy reform needs to systematically disrupt and destroy institutional racism," she said. "If we don't, we can't ask black people to sit at the table."

But as moderator Asha Bandele noted, it's not just white racism that's holding down black people when it comes to drug policy. "Respectable" black people have been a bulwark of the drug war, too. If you just obey the law, you won't get in trouble, they say, looking down their noses at their troublesome brethren.

That's wrongheaded, said Peterson-Small. "If we were having this conversation 135 years ago, people would have said the same thing about the pig laws as we say now about the crack laws," she said. "We've always been in a war for our survival in this country. The only reason we are here is to be a source of economic profit for other people."

Alluding to Poland's WWII-era Lodz Ghetto, Peterson-Small warned that meekly complying with harsh and arbitrary authority to ensure the survival of the community can end up with the elimination of the community.

"We've got to stop drinking that Kool-Aid," she said. "When we as a community are willing to stand up for the brother with a blunt and a 40 the way we did with Trayvon, they won't be able to keep us down."

"Just look at me," said hip-hop attired T-Dubb-O. "I have a dream, too. I don't want to be a hashtag, I don't want to sell drugs, to kill somebody who looks like me. It's the system of white supremacy that puts me in that mind state. When you talk about the war on drugs, that school-to-prison pipeline, that's what gives them that mind-state," he said.

"We don't own no poppy farms, but now we have a heroin epidemic," he said. "The murders you see in Chicago, those killings in St. Louis, that's heroin."

T-Dubb-O took drug war solidarity to the next level, mentioning the case of the 43 missing Mexican student teachers presumably killed by drug gangs working in cahoots with corrupt local politicians.

"We have to have an international vision of the people who are repressed," he said.

In response to an audience question, Peterson-Small got down to nuts and bolts. If we want to dismantle racism, drug policy provides a space to apply harm reduction to the problem.

"The work that really needs to be done is for people to understand that we're not the ones who need fixing," she said. "All of us have been infected by this thing. If we apply harm-reduction principles, we would focus on what is the intervention, not who is the racist. It's a course of treatment, not a weekend of racial sensitivity training."

The National Town Hall is just a beginning. We still have a long way to go.

Chronicle AM: Activists Block Bad MI MedMJ Bills, Jeb Bush Now Open to Decrim, More (12/14/15)

San Francisco prepares for marijuana legalization, a Kentucky state senator wants it there too, Ohio legalizers spent millions losing last month, a federal drug and mental health treatment bill passes the Senate, and more.

Marijuana Policy

Jeb Bush Now Supports Decriminalization, But Still Calls Pot a "Gateway Drug." GOP presidential contender Jeb Bush last Friday said he could live with decriminalization. "It's one thing to say we should have decriminalization of marijuana. I support that," he said in an interview with Joe Mathieu of Boston' WBZ NewsRadio. While that is an advance for the former Florida governor, he added that he rejected legalization and brought out the discredited gateway theory for support. "Marijuana is a gateway drug just as opiates are a gateway drug," Bush continued. "Of course it is, every study shows that."

Kentucky Senator Files Marijuana Legalization Bill. Sen. Perry Clark (D-Louisville) announced last Friday that he has pre-filed the Cannabis Freedom Act, which would repeal pot prohibition and replace it with a regulatory framework that would "promote public safety and responsible cannabis consumption by persons over 21 years of age." The bill will be considered during the 2016 legislative session, which starts January 5.

Michigan Supreme Court Okays Grand Rapids Decriminalization Ordinance. The state high court has rejected a challenge to the ordinance's legality from Kent County Prosecutor William Forsyth. The ordinance, approved by voters in 2012, makes possession or sharing marijuana a civil infraction, punishable only by fines. Forsyth had argued that the ordinance was an illegal restriction on his power to enforce state drug laws, but he lost in circuit court and the Court of Appeals. And he lost again, and finally, when the state Supreme Court refused to hear his appeal.

Ohio Legalizers Spent Nearly $22 Million in Failed Initiative Campaign. Ouch, that's gotta hurt! ResponsibleOhio and its deep-pocketed backers, who hoped to win monopolistic marijuana concessions, spent more than $21 million in their campaign, only to get trounced last month. The campaign spent $12 million between July and October and had burned through nearly another $10 million just getting on the ballot.

Eyeing Looming Legalization, San Francisco Creates Marijuana Task Force. Last week, the Board of Supervisors' Rules Committee voted to appoint 11 people to a task force aimed at helping to guide the city's policies in the face of seemingly inevitable marijuana legalization.

Medical Marijuana

Michigan Medical Marijuana Activists Stop Dispensary Bills. Sen. Rick Jones (R-Grand Ledge) has given up on moving his medical marijuana dispensary bills in the face of strong opposition by activists. The link has all the juicy details.

Utah Poll Has Strong Support for Medical Marijuana. Some 61% of Utahns support legalizing medical marijuana, according to a new poll from Dan Jones and Associates. The poll comes as Sen. Mark Madsen (R-Saratoga Springs) says he will reintroduce a medical marijuana in the coming session. His bill last session failed by one vote in the Senate.

Heroin

New Hampshire Attorney General Will Seek Murder Charges in Heroin Overdoses. Attorney General Joe Foster (D) says he plans to aggressively seek murder charges against dealers of drugs involved in overdose deaths. "The message to dealers is: If you sell this stuff here and we can (figure) the facts out, you will be going to jail for a very, very long time," Attorney General Joe Foster said. Overdose deaths are expected to top 400 in the state this. Foster also said he is seeking $115,000 for a new prosecutor for drug cases and exploring a federal grant to hire another drug prosecutor.

Drug Policy

Federal Synthetic Drugs Bill Filed. Rep. John Katko (R-NY) has filed HR 4229, which seeks to "address the continued threat posed by dangerous synthetic drugs by amending the Controlled Substance Act" to make it easier to go after drug analogs. It also calls on the US Sentencing Commission to ensure that sentences for violations are "appropriately severe."

Drug Treatment

Comprehensive Justice and Mental Health Act Passes Senate. The act, S 993, sponsored by Sen. Al Franken (D-MN), passed the Senate last Thursday. It is aimed at facilitating collaboration among the criminal justice, juvenile justice, veterans treatment services, mental health treatment, and substance abuse systems. The bill now goes to the House.

International

Colombian Senate Approves Medical Marijuana. In a plenary session last Friday, the Colombian Senate approved a bill legalizing medical marijuana. President Santos had said he would do it through an executive order, but the Senate decided not to wait. The bill now moves to the Chamber of Deputies, where it will be debated early next year.

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

Chronicle AM: Mexico Issues First Pot Permits, DOJ Wants More $$$ for Asset Forfeiture, More (12/11/15)

A legalization initiative dies in Florida, but another is born in Montana; the Justice Department proposes funding increases for asset forfeiture programs, Mexico issues the first permits allowing people to grow and possess marijuana, and more.

!Viva Mexico!
Marijuana Policy

Florida Legalization Initiative Gives Up. Marijuana legalization will not be on the Florida ballot next year. Regulate Florida, which was the group behind the campaign, conceded Wednesday that it would not be able to gather the 683,000 needed signatures by the February deadline. They may try again in 2018, the group said.

Montana Legalization Initiative Approved for Signature Gathering. Secretary of State Linda McCulloch (D) Thursday approved the language of Initiative 178, which would legalize pot for people 21 and over, subject to licensing requirements and state regulations. Petitioners need 24,175 valid voter signatures, including at least 5% of registered voters in each of the state's 343 House districts.

St. Petersburg Ponders Decriminalization. St. Petersburg city council members Thursday asked Pinellas County commissioners to decriminalize small-time pot possession. Council members said that if the county doesn't act, they will draft their own municipal decriminalization proposal. In the past year, local decriminalization has taken off in Florida, with Miami-Dade, Broward, and Palm Beach counties, as well as several municipalities in those counties, adopting similar ordinances.

Asset Forfeiture

Justice Department Wants Even More Money for Asset Forfeiture Programs. American law enforcement is seizing property from citizens at a record rate, but that's apparently not good enough for the Justice Department, which is seeking increased funding to support the asset forfeiture activities of the DEA and the Organized Crime Drug Enforcement Task Forces. The department wants $297.2 million to fund asset forfeiture in FY 2016, up $14 million over the previous year and up a whopping 146% since 2008. The entire federal drug control budget has increased by only 25% during that same period.

Drug Policy

Maine Legislature Caves in to Governor, Agrees to Hire More Drug Agents. Legislative leaders Wednesday unveiled a $4.8 million plan to fight the state's opiate use problem, with half of the funding going to law enforcement, including the hiring of 10 new state drug agents. Gov. Paul Le Page (R) had threatened to call in the National Guard today to fight drugs if the legislature didn't fund his demands. The other half of the money designated would go toward treatment, recovery, and education.

International

Mexico Issues First Permits to Grow and Use Marijuana. The Mexican government has awarded permits to four people that allow them to grow and possess marijuana for personal use. The move comes in the wake of last month's Supreme Court decision allowing the four to legally produce it for their own use. Both the court ruling and the permits were limited to the four people in the case, but could pave the way for similar court rulings across the country and, ultimately, pot legalization nationwide.

Danish Parliament Considers Medical Marijuana. The parliament today began debating a proposal to legalize marijuana for medical use. The bill is sponsored by Alternativet, but has the support of other parties as well. Alternativet, Dansk Folkeparti, Liberal Alliance, Socialistisk Folkeparti, and Radikale all support the bill. Together, they have 88 votes in parliament, precisely the number needed for the measure to pass.

Chronicle AM: Naloxone News in NC & NYC, DC Pot Social Club Fight, CO Pot Tourism, More (12/10/15)

Legal weed is drawing tourists to Colorado, DC activists fight for pot clubs, a federal appeals court rules that all students at a technical college can be subjected to drug testing, there's naloxone news from New York City and North Carolina, and more.

NCHRC reports 1,500 overdoses prevented with Naloxone in 2 1/2 years.
Marijuana Policy

Legal Marijuana is Boosting Colorado Tourism. Pot businesses have long claimed as much, and now they have some solid evidence. A Colorado Tourism Office study released Wednesday shows that the state's marijuana laws influenced nearly half (49%) of decisions to vacation in the state. Some 22% of survey respondents said marijuana was "extremely influential" in their decision to visit Colorado. Twenty percent said it was "very much influential" and nearly 7% said it was "somewhat influential."

DC Activists Fight Back Against Bill That Would Ban Pot Clubs. The city council is today hearing a bill that would make permanent a ban on businesses allowing patrons to smoke marijuana on premises, but that's not sitting well with the people who got weed legalized in the District. "It's unnecessary. The current law prohibits any venue from selling marijuana or promising marijuana in exchange for admission. But what they're doing with this bill is banning any kind of use of use outside the home. There's a big problem with that, because there are lots of people who have nowhere to use their cannabis," said Adam Eidinger, the man behind the District's successful 2014 legalization initiative. Eidinger is warning that if the council passes the bill, he could push more ballot initiatives, including one allowing marijuana to be treated like tobacco and one that would impose term limits on council members.

Illinois Lawmaker Files Decriminalization Bill. Rep. Kelly Cassidy (D-Chicago) announced today that she is filing House Bill 4357, which would make possession of up to 10 grams a civil offense punishable only by a fine. A similar bill passed earlier this year only to be vetoed by Gov. Bruce Rauner (R), who proposed amendments to it at the time of his veto. The new bill addresses those amendments.

Michigan Legalization Campaign to Extend Signature Gathering. MI Legalize is extending its signature gathering campaign and turning to paid circulators to qualify for next year's general election ballot. Under state law, petitioners have 180 days to gather signatures, but that is a clock that runs backward from the time signatures are actually turned in. The campaign's original turn-in date was December 21, but it will now go longer. That means early gathered signatures may not be counted. For example, if the campaign turned in signatures on January 21 instead of December 21, the first 30 days' worth of signatures would not be counted, but more recent signatures would.

Medical Marijuana

Georgia Medical Marijuana Commission Rejects Growing It In-State. The Commission on Medical Cannabis voted 9-5 against allowing medical marijuana to be grown in the state, but the main proponent of expanding the program, Rep. Allen Peake (R-Macon) said he was still optimistic he can get in-state cultivation approved. "I think we can still make a compelling argument to the governor," Peake said. "I think we can address the fears of law enforcement. I think we can address the issue of potential demand. I'm absolutely certain we can provide legislation that both maximizes the benefit for our citizens and minimizes the risk to public health in our state."

Missouri Medical Marijuana Initiative Approved for Circulation. Secretary of State Jason Kander (D) has approved a medical marijuana initiative for signature-gathering. Read the initiative here.

Drug Testing

Federal Appeals Court Rules Missouri College Can Drug Test All Students. The 8th US Circuit Court of Appeals in St. Louis ruled Monday that the Linn State Technical College can require all students to take drug tests. The appeals court decision overturns a federal judge's 2013 decision that the college could only drug test students in five particularly safety-sensitive programs. The school policy had been challenged by the ACLU of Missouri, which said such widespread, suspicionless drug testing violated the Fourth Amendment.

Harm Reduction

New York City Makes Overdose Reversal Drug Naloxone Available Without a Prescription. Mayor Bill de Blasio (D) announced Monday that the opioid overdose reversal drug naloxone (Narcan) will now be available without a prescription in pharmacies in the city. "The deaths are what we all struggle to avoid… but that's just the tip of the iceberg," de Blasio said during his announcement at a YMCA. "For every death, there are literally hundreds who struggle with addiction."

North Carolina Sees 1,500 Lives Saved With Overdose Reversal Drug Naloxone. In just under 2 ½ years, more than 1,500 overdose deaths have been prevented with the use of the overdose reversal drug naloxone (Narcan), the North Carolina Harm Reduction Coalition reported today.

Law Enforcement

Rep. Steven Cohen Rips Use of Student Snitches. In the wake of a 60 Minutes report last Sunday and earlier reporting by Reason, Rep. Steve Cohen (D-TN) ripped into the practice of using nonviolent, first-time drug offenders as confidential informants. "It's time for the Department of Justice to take a close look at how the behavior of confidential informants not only threatens to ruin young lives, but in some cases, end their lives," he said, adding that he intends to file reform legislation.

International

Scotland To Begin Ticketing, Not Prosecuting, People With Pot. Starting next month, Scottish police will issue warnings to people caught with marijuana rather than prosecuting them. The move is part of a broader effort to change how police deal with petty crime, freeing them up to deal with more serious offenses.

Chronicle AM: VT Legalization Bill Coming Soon, Second City Gets First Dispensary, More (12/9/15)

It's one of those all-marijuana news days. A Vermont legalization bill looms, Dallas could stop arresting small-time pot possessors, a Michigan medical marijuana hearing got testy, and more.

Marijuana Policy

Vermont Legalization Bill Coming Soon. The Senate Government Operations Committee is finishing up deliberations on a bill to legalize marijuana. Lawmakers are putting final touches on the bill and expect it to be done in time to go to the printer Friday. This bill and another legalization bill offered during the last legislative by Sen. David Zuckerman (P/D-Chittenden) will be taken up first by the Senate Judiciary Committee.

Dallas Could Move to Ticketing, Not Arresting, People for Pot Possession. Dallas's police chief has asked the city council to consider a "cite and release" policy for small-time marijuana possession busts. The council's Public Safety Committee voted Tuesday not to recommend the policy change, but the issue will go before the entire council shortly, though no date has been set. The policy change would apply to possession of less than four ounces. Dallas police arrest about 120 a month for small-time pot possession, and the chief says it's a waste of law enforcement resources to have to book and jail them.

Medical Marijuana

Fireworks at Michigan Senate Medical Marijuana Hearing. A hearing on a bill to provide protections for dispensaries grew heated Tuesday as Marine Corp veteran Dakota Serna, who uses medical marijuana for PTSD, lashed out at changes in the bill that would tax patients and send some of the revenues to law enforcement. "This bill not only takes more money from them, it taxes their medicine -- you're going to give some of that medicine to the sheriff's department, the jackboots, the thugs that comes into people's homes and kick in the door," said Serna. That led to an angry exchange with Senate Judiciary Committee Chair Rick Jones (R-Grand Ledge), who then ordered Serna to leave the hearing. The National Patients' Rights Association, which had supported the bill, said it is withdrawing its support after the changes, which would treat medical marijuana much like the state treats alcohol.

First Dispensary in the Second City is Now Open for Business. Chicago's first medical marijuana dispensary opened in Uptown today. Dispensary 33 opened on North Clark Street. Some 150 patients are registered to use it.

International

Health Canada Approves Cannabis Oil Sales. Health Canada has granted permission to Peace Naturals to sell cannabis oil under the country's federal medical marijuana program. Health Canada had decided this past summer to allow the manufacture of cannabis oils, but this is the first time a product has actually been approved.

Uruguay Grants First Two Licenses for Commercial Marijuana Production, Distribution. The country has granted licenses to two companies that will allow them to sell marijuana through government-licensed pharmacies next year. Each company will be allowed to grow up to two tons of finished buds.

Chronicle AM: CA Initiative Picture Clearing Up, Call for NYC Safe Injection Site, More (12/8/15)

It looks like we're now down to one serious legalization initiative in California, calls grow for a safe injection site in New York City, Nepalese villagers fight marijuana eradicators, and more.

Marijuana Policy

California "Sean Parker Initiative" Revised. The Adult Use of Marijuana Act (AUMA), backed by billionaire tech titan Sean Parker, has been revised to add safeguards for protecting children, maintaining local government control over pot commerce, shielding small businesses from monopolistic competition, and strengthening worker and labor protections in the industry, the campaign said Monday. Click on the title link for more details on the changes.

ReformCA Activists Migrate to Parker Initiative. The California Coalition for Cannabis Policy Reform (ReformCA) has apparently given up on getting its own legalization initiative on the ballot, with a majority of ReformCA board members now endorsing the Adult Use of Marijuana Act, known more widely as the "Sean Parker initiative." Board members endorsing the Parker initiative include Oaksterdam University founder Richard Lee, Law Enforcement Against Prohibition head Neill Franklin, Students for Sensible Drug Policy deputy director Stacia Cosner, California Cannabis Industry Association director Nate Bradley, and Dr. Bronner's Magic Soaps head David Bronner; and two other board members have reportedly agreed to withdrawing the ReformCA initiative, making a majority. "We have carefully reviewed amendments submitted by the proponents of the Adult Use of Marijuana Act, and we're convinced it's time to endorse that initiative and unite everyone behind a single, consensus measure to achieve a legal, regulated system, which a majority of voters have consistently said they want," Bronner said in a prepared statement.

Harm Reduction

Advocates Call for New York City Supervised Injection Site. Faced with a fourth straight year of increasing heroin overdose deaths, public health advocates are calling on the New York City to do more on overdose prevention, including authorizing supervised injection sites. "It's time for New York City to follow the science," said Julie Netherland, PhD, of the Drug Policy Alliance. "Supervised injection facilities can reduce overdose deaths and have proven effective in improving a host of public health and public safety outcomes. We can no longer afford to let fear and stigma stand in the way of saving lives."

International

Slovenia Joins Ranks of Countries Allowing Supervised Injection Facilities. The local nonprofit Stigma has launched a supervised injection site pilot project in the capital, Ljublana. Stigma and the Slovenian Ministry of Health worked quietly behind the scenes to get legal approvals and funding before going public.

Nepalese Villagers Clash With Marijuana Eradicators. Marijuana growing villagers in Makawanpur District fought with police trying to eradicate their crops Monday. Gunfire came from both sides, but no injuries were reported, and crowds dispersed after the gunfire. Police said they had destroyed about 20 acres worth of marijuana crops.

Why the End of Federal Marijuana Prohibition May Be Only Five Years Away [FEATURE]

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

Rob Kampia thinks so, and he's a very well-placed observer. As head of the Marijuana Policy Project, Kampia has his finger on the pulse of pot politics as well as anyone, and he made a pretty startling prediction at the International Drug Reform Conference in suburban Washington last month.

MPP's Rob Kampia (YouTube)
At a panel on "Marijuana Reform in Congress," Kampia suggested that a handful of state-level marijuana legalization victories next year is going to set in motion a congressional debate on legalization that could see an end to federal marijuana prohibition before the end of the decade.

Legalization campaigns are already well-advanced in Arizona, California, Maine, Massachusetts, and Nevada, and while getting on the ballot is no guarantee of victory next November, polling so far suggests that most of them will win. And next year could also be the year the first state, and even perhaps a second, legalizes it through the legislative process.

Kampia said, "Vermont is most likely to legalize through the legislature, and Rhode Island has a good shot, but those are the only two states in play."

But then there are the initiative states.

"It could be that four or five initiative states legalize it, and then all of this is facing Congress in 2017," Kampia continued. "Then there will be a vigorous debate on legalization, and then, I predict, Congress could pass the states' rights bill in 2019."

Kampia is talking about something along the lines of this year's Respect State Marijuana Laws Act of 2015 (HR 1940), sponsored by Rep. Dana Rohrabacher (R-CA), which would amend the Controlled Substances Act (CSA) so that it would not apply to persons in compliance with marijuana laws in their state.

Passage of such a bill would not make marijuana legal everywhere -- that would be up to the individual states -- but would end the federal government's role in enforcing marijuana prohibition.

Kampia even suggested that Congress might get around to passing a bill to end federal pot prohibition before it gets around to passing a bill allowing states to enact medical marijuana laws without federal interference. That means legislation similar to this year's Compassionate Access, Research Expansion, and Respect States (CARERS) Act of 2015 (S 683), sponsored by Sens. Cory Booker (D-NJ), Kirsten Gillibrand (D-NY) and Rand Paul (R-KY) could languish while Congress leapfrogs its way to embracing legalization (or at least getting out of its way).

"All the attention will be on legalization," Kampia said, "and there's not a lot of tax revenue for the federal government with just medical marijuana, but if you're talking about the whole ball of wax, with substantial tax revenues, Congress might be inclined to go for the whole enchilada."

The MPP leader wasn't the only one in the room sounding upbeat that day. Drug Policy Alliance national affairs director Bill Piper said that when it comes to marijuana legalization, the train has already left the station.

"I'm very optimistic," Piper said. "The toothpaste is out of the tube. Even Chris Christie can't stop marijuana legalization. Once these initiatives pass in 2016, there's no way back."

The conventional wisdom among drug reformers used to be that we might see federal pot prohibition crumble by the middle of the next decade. But given the lack of disaster and the bonanza of tax revenue in legalization states so far, and the likelihood that a handful more will legalize it next year, that timetable is accelerating.

Chronicle AM: Canada Still Legalizing Weed, GAO Rakes Drug Czar Over Drug War Failures, More (12/7/15)

Canada reiterates its intent to legalize pot, there's strong support for expanding medical marijuana in Georgia, the GAO reports that federal drug policy goals are not being met, and more.

Oh, Canada.
Marijuana Policy

Massachusetts Doctors Oppose Legalization. Doctors with the Massachusetts Medical Society voted over the weekend to reaffirm their opposition to marijuana legalization. The move comes as a legalization initiative appears poised to go before voters next year. The doctors voted to continue their opposition to legalization, a policy first adopted in 1997, and also urged that if legalization were to occur, people under 21 should be barred from use.

Medical Marijuana

Georgia Poll Finds Strong Support for Expanding Medical Marijuana Law. Under current Georgia law, people with certain illnesses are allowed to use medical marijuana, but it can't be grown or produced in the state. A new poll has 84.5% of respondents supporting expanding that law to allow for in-state cultivation with strict regulation. Rep. Allen Peake (R-Macon) has sponsored legislation that would do just that.

Illinois Tells Patients They Can't Be Gun Owners, Then Retreats. Illinois state police sent letters to a handful of patients saying their firearms cards were being revoked, but now say the letters were sent in error. Patients remain skeptical.

Drug Policy

GAO Says National Drug Policy Goals Not Being Met. In a report released today the Government Accountability Office (GAO) found that the Office of National Drug Control Policy (ONDCP -- the drug czar's office) and other agencies "had not made progress toward achieving most of the goals in the 2010 National Drug Control Strategy (the Strategy) and ONDCP had established a new mechanism to monitor and assess progress. In the Strategy, ONDCP established seven goals related to reducing illicit drug use and its consequences to be achieved by 2015. As of March 2013, GAO's analysis showed that of the five goals for which primary data on results were available, one showed progress and four showed no progress. GAO also reported that ONDCP established a new monitoring system intended to provide information on progress toward Strategy goals and help identify performance gaps and options for improvement. At that time, the system was still in its early stages, and GAO reported that it could help increase accountability for improving progress. In November 2015, ONDCP issued its annual Strategy and performance report, which assess progress toward all seven goals. The Strategy shows progress in achieving one goal, no progress on three goals, and mixed progress on the other three goals. Overall, none of the goals in the Strategy have been fully achieved."

Law Enforcement

The Sickening Use of Young People as Confidential Informants in the Drug War. "Supporters of the drug war often claim that we need to wage this unwinnable war to "protect" young people. 60 Minutes ran an explosive piece last night showing one of the many ways that the war on drugs actually endangers young people: the sickening use of young students as confidential informants," writes the Drug Policy Alliance's Tony Newman. Click on the link for the whole piece.

International

Canada's New Liberal Government Reiterates Vow to Legalize Marijuana. In the annual throne speech last Friday, Governor General David Johnson reiterated Prime Minister Justin Trudeau's plans to legalize marijuana. The effort should get moving once parliament is back in session.

Chilean President Removes Marijuana From Hard Drug List. President Michelle Bachelet has signed an order removing marijuana from the country's list of hard drugs and authorizing the sale of marijuana-derived medicines in pharmacies. Marijuana production and distribution remain criminal offenses, but the Congress is expected to discuss wider reforms of the drug laws early next year.

Five More Useless Drug War Deaths Last Month

At least five people died at the hands of law enforcement officers attempting to enforce the drug laws between October 30 and the end of November, bringing the Drug War Chronicle's drug war death toll so far this year to 54. The tally includes only people who died as a result of drug law enforcement activities.

Two of the victims were white; three were black. Four of the dead had been armed and fired at police (according to police accounts); one was unarmed.

Here is this month's toll:

  1. Floyd Ray Cook, 61, was shot and killed by two Kentucky state troopers and a US Marshal on the night of October 30, ending a seven-day manhunt that began when he shot a Tennessee police officer who had tried to pull him over. At the time, Cook was wanted on methamphetamine trafficking charges after failing to appear at an August hearing in his case. After shooting the Tennessee officer, Cook managed to elude authorities for a week before being cornered at the side of a highway and engaging in gunfire with police. His case made national headlines, with some media reports describing him as a "fugitive rapist," even though his rape conviction had occurred in 1970.
  2. Timothy Gene Smith, 47, was shot and killed by San Diego police November 2 after he fled arresting officers who were looking for him and his wife, Janie Sanders, 32, on a Missouri drug possession warrant. Officers on patrol spotted Smith and gave chase, but lost sight of him until a police helicopter spotted him hiding in a shed between two apartment buildings. Smith then bolted and was bitten by a police dog before hopping a fence and climbing onto the ledge of an apartment building. Police said he turned toward Sgt. Scott Holslag while refusing to show his hands and Holslag, who "feared for his safety," then shot and killed him. No weapons were recovered. Hours later, police arrested Sanders after she refused to leave a Pacific Heights apartment. "Officers killed my husband today, unarmed," Sanders said as she was cuffed and placed in a squad car. While San Diego police said Smith was an armed and dangerous felon wanted on warrants, a Missouri bondsman said the only warrant was for Sanders.
  3. Randy Allen Smith, 34, was shot and killed by a Manatee County (Florida) sheriff's deputy the night of November 17 after allegedly pulling a gun on deputies during a struggle in a Winn Dixie store parking lot. A deputy had spotted a "suspicious" vehicle parked in a side lot and called in back up, and two deputies then approached the vehicle. Smith was ordered out of the car, but refused to show his hands, police said, so they attempted to Taser him, but the Taser hit Smith's dreadlocks and failed to incapacitate him. Police said Smith punched the second deputy in the face, causing him to fall and injure his head. "So he's woozy, and he thinks he sees a gun. Then one of the deputies, we're not sure which one at this point, started saying, 'Gun, a gun, a gun,'" sheriff's spokesman Dan Bristow said. "And that's when our guy shot him (Smith)." A gun was recovered at the scene. Bristow said heroin and cocaine were found on Smith, and while he didn't specify the quantity, he said they appeared packaged for sale. Smith was out on bond for possession of a controlled substance. He had also been previously convicted of cocaine possession, marijuana possession, possession of a firearm by a felon, and resisting an officer without violence.
  4. Demetrius Bryant, 21, was shot and killed by Cayce, South Carolina, police officers in what they called a "drug-related incident" the night of November 17. He died after allegedly exchanging gunfire with officers at an apartment complex in the town. Police said Bryant opened fire, wounding one officer before they returned fire, fatally wounding him. A later report said that police had been attempting to arrest Bryant on unspecified drug charges. "During that arrest procedure, the subject appears to have begun resisting, and a struggle ensued between himself and our two officers," said Sgt.Evan Antley with the Cayce Department of Public Safety.
  5. Darius Smith, 18, was shot and killed by Atlanta police on the night of November 30 after police tried to pull over a drug-laden vehicle in which he was riding. As the car attempted to elude police, it was involved in an accident, and the two men inside jumped out and fled. The driver was arrested a block away, while Smith ran several blocks to the rear of a nearby hotel. "The fleeing male began shooting at officers, which caused officers on scene to return fire striking the suspect multiple times which resulted in his death," Atlanta Police spokeswoman Elizabeth Espy said in a statement. Smith's body was found behind a trash bin. Police said they recovered about two pounds of marijuana, 60 grams of cocaine, Ecstasy tablets, six grams of powder Ecstasy, and $6,000 in cash in the car. The driver, 18-year-old Isiah Irby, is charged with possession of a firearm during commission of a felony, possession of marijuana with intent to distribute and trafficking cocaine.

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