Drug War Chronicle

comprehensive coverage of the War on Drugs since 1997

Chronicle AM: MedMJ Regulation Coming to CA, US Senate Passes Drug War Bill, More (10/12/15)

Legal marijuana moves ahead in Colorado and Washington, medical marijuana will be comprehensively regulated in California, Jerry Brown splits on a pair of immigration drug deportation bills, Mexican opium poppy production is up dramatically, and more.

Finally, a statewide plan for regulating medical marijuana in California (wikimedia.org)
Marijuana Policy

Colorado's August Sales Topped $100 Million. For the first time, the state's monthly marijuana sales exceeded $100 million in August. Recreational marijuana came in at $59.2 million, while medical marijuana sales added another $41.4 million. That's $100.6 million in overall pot sales. The state collected $13 million in pot taxes that month.

Washington State Accepting New Retail Shop License Applications. As of today, the State Liquor and Cannabis Control Board is accepting and processing new applications for retail marijuana operations. Existing medical marijuana dispensaries will now need to be licensed, and will be prioritized in the licensing process.

Medical Marijuana

California Governor Signs Medical Marijuana Regulation Bill Package. Gov. Jerry Brown (D) last Friday signed into law a package of bills designed to bring comprehensive, statewide regulation to the state's thriving medical marijuana industry. The three-bill package will establish "a long-overdue comprehensive regulatory framework for the production, transportation, and sale of medical marijuana," Brown said in his signing statement. "This new structure will make sure patients have access to medical marijuana, while ensuring a robust tracking system," said Brown. "This sends a clear and certain signal to our federal counterparts that California is implementing robust controls not only on paper, but in practice."


California Governor Signs One Bill to Block Immigrant Drug Deportations, But Vetoes Another. Gov. Jerry Brown (D) last Friday signed Assembly Bill 1352, which allows resident non-citizens convicted of a drug offense to seek deferred adjudication and, upon completion, withdrawal of a guilty plea to avoid triggering federal deportation proceedings. But he vetoed Assembly Bill 1351, which would have allowed immigrants to avoid pleading guilty to a drug offense in order to enter drug treatment.

Drug Policy

Senate Passes Transnational Drug Trafficking Act. The US Senate last Thursday approved S. 32, the Transnational Drug Trafficking Act. Sponsored by Sen. Dianne Feinstein (D-CA), the bill would make it a federal crime to manufacture or distribute drugs anywhere in the world if there is "reasonable cause to believe that such substances or chemicals will be unlawfully imported into the United States or waters within 12 miles of the US coast." The bill now goes to the House.


British Lib Dems Set Up Panel on Marijuana Legalization Ahead of Parliamentary Debate Today. As Parliament prepared to debate marijuana legalization today in response to a widely signed citizen petition, the Liberal Democrats announced they were creating an expert panel on the subject. Click on the link for much more.

Chile Will Allow Sale of Medical Marijuana Products in Pharmacies. Chilean Vice Minister of Health Jaime Burrows said last Friday that the country will modify its laws to allow the sale of medical marijuana products in pharmacies. Such sales would be allowed with "the authorization of a specialist, a prescription, and strict controls of stock," he said. A decree enacting the changes is now being reviewed by President Michelle Bachelet.

UN Commission on Human Rights Calls on Mexico to Retire the Army From the Drug War. The UN body said soldiers should retire from the streets and return to their bases because they are not trained to undertake policing work. "This must be propelled by a real sense of urgency," said the commission's Zaid Raad al-Hussein. "This is not something we can afford to wait months for without an end." The Mexican army has come under sustained criticism over human rights abuses in its war on drug trafficking organizations.

DEA Says Mexican Opium Crop Up By 50%. Jack Riley, the acting administrator of the DEA, told a House committee last week that there has been a 50% increase in poppy production in key Mexican opium-producing states this year. He added that most heroin consumed in the US comes from Mexico.

Chronicle AM: NYC Psychedelics Conference This Weekend, PA MJ Poll Shows State Split, More (10/9/15)

A Pennsylvania poll shows the state evenly split on marijuana legalization, Massachusetts medical marijuana sales increase as a new dispensary comes online, the Horizons psychedelics conference is this weekend in New York City, and more.

The annual Horizons conference on psychedelics is this weekend in NYC.
Marijuana Policy

Pennsylvania Poll Shows State Split On Legalization. A new Quinnipiac University poll has support for legalization at 47%, with 49% opposed. Given the poll's margin of error, voters are evenly split. There is no such divide when it comes to medical marijuana: 90% of respondents were okay with that. Click on the link for more poll details and methodology.

Wyoming Legislators Prepare Marijuana Reform Bills. Even in the Cowboy State, solons are moving to lighten up on weed. With the legislative session starting in February, bills are already being proposed to decriminalize possession, allow for reciprocity with medical marijuana states (meaning patient travelers from those states could pass through Wyoming without fear of arrest), and allow the use of CBD cannabis oil.

Medical Marijuana

Massachusetts Sales Climb as More Dispensaries Open. Medical marijuana patients purchased some 1,676 ounces of marijuana in September, up from the 1,488 ounces sold in August. The increase comes as the state's second dispensary opens in Brockton. Click on the link for more details.

Missouri Medical Marijuana Initiative Filed. Show-Me State activists under the aegis of New Approach Missouri Thursday filed a pair of initiatives aimed at legalizing medical marijuana. The group has about $70,000 in the bank and needs to gather some 160,000 valid voter signatures to qualify for the November 2016 ballot.


Horizons Psychedelics Conference in New York City This Weekend. The ninth annual Horizons: Perspectives on Psychedelics conference will be held at the Cooper Union and The New School in New York City on October 10th and 11th. Horizons focuses on state-of-the-art research into the wide range of applications for psychedelics, providing an invaluable forum for experts and interested others to share ideas and insights, and to rethink the future of these unique substances in science, medicine, culture, and history. This year, researchers, scholars, and practitioners from the United States, England and Brazil will present new research and insights in neuroscience, end-of-life anxiety, PTSD, substance abuse/addiction, recreational use, public policy, activism, and more. Click on the link for more details.

Chronicle AM: House Leaders Offer Sentencing Reforms, FL & OH Pot Polls, MI MedMJ Bills Move, More (10/8/15)

The House leadership rolls out a sentencing reform package, new polls show marijuana legalization majorities in Florida and Ohio, the Duke City still can't have decriminalization, and more.

Dispensaries could be coming soon in Michigan. Legislation is moving. (wikimedia.org)
Marijuana Policy

Florida Poll Has Narrow Majority for Legalization, Overwhelming One For Medical Marijuana. A New Quinnipiac University poll has support for marijuana legalization at 51% and support for medical marijuana at 87%. The state has a CBD medical marijuana law, legislators are proposing expanding it, and there is a medical marijuana initiative campaign underway, too. Click on the link for more poll details and methodology.

Massachusetts Legalization Campaign Halfway There on Signature Gathering. The Marijuana Policy Project-backed Campaign to Regulate Marijuana Like Alcohol in Massachusetts says it has already collected some 47,000 signatures, half of its goal of 100,000. The initiative needs just under 65,000 valid voter signatures by November 18. No word yet on how the rival Bay State Repeal, which has its own legalization initiative, is doing.

As Initiative Vote Looms, Ohio Poll Has Narrow Majority for Legalization. A new Quinnipiac University poll has generic support for legalization at 53%, just about where it was a year ago. The poll comes as voters there will decide next month on the fate of a controversial legalization initiative from ResponsibleOhio -- Issue 3 on the November ballot. The poll did not specifically ask voters about support for that measure. Click on the title link for more poll results and methodology.

Albuquerque Mayor's Decriminalization Veto Upheld (Again). For the second time in as many years, the Albuquerque city council has passed a decriminalization ordinance, the mayor has vetoed it, and the council has been unable to override the veto. An attempt to override Mayor Richard Berry's (R) latest veto failed Wednesday night on a 5-4 vote along party lines.

Medical Marijuana

As Clock Ticks, Calls on California Governor to Sign Medical Marijuana Bills. Law enforcement and the cannabis industry, as well as cities and counties and state lawmakers, are all calling on Gov. Jerry Brown (D) to sign a package of comprehensive, statewide medical marijuana regulation bills without delay. The bills are Assembly Bill 266, Senate Bill 653, and Assembly Bill 243. Brown has until Sunday to act. If he doesn't the bills will become law without his signature.

Florida Legislator Files Medical Marijuana Bill. Rep. Matt Gaetz (R-Shalimar) has filed House Bill 307, which would allow patients to use medical marijuana under the state's "investigational drug" law. Sen. Rob Bradley (R-Fleming) said he would file a companion measure in the Senate.

Michigan House Approves Dispensaries, Edibles Bills. The House Wednesday voted 95-11 to approve House Bill 4209, which would create a state board to regulate dispensaries, as well as approving bills to allow for the use of edibles and to set up a tax structure. The measures now head to the state Senate.

Harm Reduction

Expert Panel Calls for Injection Drug Users to Have Access to Hep C Treatment. An international expert panel convened by the International Network for Hepatitis in Substance Users is recommending that injection drug users be offered drugs to cure the disease, as well offered comprehensive social support and harm reduction services. The recommendations were published this month in the International Journal of Drug Policy.


House Leaders Announce Sentencing Reform Deal. House Judiciary Chair Bob Goodlatte (R-VA) Wednesday announced a deal on sentencing reform with his counterpart Ranking Member John Conyers (D-MI), and Crime Subcommittee Ranking Member Sheila Jackson-Lee (D-TX). The bill -- The Sentencing Reform Act -- takes a similar approach to the Senate's Sentencing Reform and Corrections Act, announced last week, although this bill contains new problematic provisions. "This is not the legislation we would have drafted, but we are encouraged that we now have bills in the House and Senate that tackle similar issues and that move the ball down the field for sentencing reform," said Michael Collins, policy manager for the Drug Policy Alliance. "We are more optimistic than ever that a bill will land on the President's desk."

Medical Marijuana Update

Illinois' first medical marijuana crop comes in, Washington adopts emergency rules for medical marijuana as it merges with the recreational marijuana system, an Ohio initiative still can't get approved, and more.


On Tuesday, San Benito County supervisors backed off from a strong grow ordinance. The supes had previously supported the ordinance to ban outdoor grows, but agreed to back off after hearing from two separate coalitions of counties about recently approved statewide medical marijuana regulation, as well as public speakers. The supes had voted 3-2 to enact the ordinance on September 22.


As of last Friday, the state's first medical marijuana crop was coming in. Shine on, harvest moon. The state's medical marijuana cultivation centers spent the weekend harvesting their first legal crop, and some are already preparing their first shipments to patients. The state has had a medical marijuana law in effect since January 2014, but only now is the medicine about to get to patients.


On Monday, the Ohio attorney general again rejected a medical marijuana initiative's summary language. For the second time, Attorney General Mike DeWine has rejected the summary language for a proposed medical marijuana initiative from Ohio Medical Cannabis Care LLC. DeWine pointed to six defects in the language. The group can resubmit its language once it has addressed them. Click on the link for details on the defects.


Last Thursday, signature gathering for a medical marijuana initiative was underway in Ardmore. The Green the Vote medical marijuana initiative campaign was doing signature gathering there. The group has 90 days to gather 130,000 valid voter signatures to qualify for the November 2016 ballot.


Last Friday, three of the Kettle Falls Five were sentenced to federal prison. The Kettle Falls Five were a family group of medical marijuana patients pursued by federal prosecutors even though both medical and recreational marijuana are legal in Washington. Two were sentenced to a year and a day in federal prison, while a third was sentenced to 33 month. Family patriarch Larry Harvey was also prosecuted, but has died, and a fifth member has already pleaded guilty and been sentenced to 16 months. The three sentenced last Friday are still free while their convictions are being appealed.

On Tuesday, the state issued emergency medical marijuana rules. The state Health Department has just released emergency rules as the state moves to merge medical marijuana into the recreational pot regulatory system. The rules set standards for packaging "High THC compliant products," testing requirements, safe handling, employee training, and labeling. Click on the rules link for all the details.

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

Chronicle AM: MI Forfeiture Reforms Head to Governor, OH Sues Over Toledo Decrim, More (10/7/15)

Toledo's decriminalization is challenged, Florida officials face heat for delays in implementing the state's CBD medical marijuana law, an Illinois panel approves medical marijuana for pain conditions (but will the governor go for it?), and more.

Ohio's attorney general worries that decriminalization could make Toledo a cartel hot-spot.
Marijuana Policy

Ohio Sues Toledo Over Municipal Decriminalization Ordinance. State Attorney General Mike DeWine, joined by the Lucas County prosecutor and sheriff, have sued the city of Toledo in a bid to overturn its decriminalization ordinance. Toledo voters approved the ordinance last month, becoming the first in the state to enact municipal decriminalization. The lawsuit objects to provisions in the ordinance barring police from reporting marijuana crimes to other agencies, making pot trafficking a "negligible" offense, and decriminalizing the possession of small amounts of other drugs. Toledo could become a cartel capital because of the ordinance, DeWine warned: "Absent legal action, it's not hard to imagine international drug rings making Toledo their regional base for operations," he said.

Medical Marijuana

Florida Lawmakers Grumble Over Slow Pace of CBD Medical Marijuana Implementation. At a hearing in Tallahassee Tuesday, lawmakers grilled Health Department representatives over delays in the program. "I mean, it's been almost two years since this bill was passed," said Rep. Greg Stube (R-Sarasota). "And we still don't have any restitution for these children that are trying to get this drug that the legislature recognizes is something needed for the state of Florida," he complained. The department said it was "mindful" of the need to make progress, but still couldn't say when five initial cultivation licenses would actually be issued.

Illinois Panel Approves Medical Marijuana for Chronic and Other Pain. The state's Medical Cannabis Advisory Board voted Wednesday to approve chronic pain, intractable pain, and chronic post-operative pain. The additions must also be approved by Gov. Bruce Rauner (R), who earlier rejected 11 other suggestions for expanding the list of qualifying conditions. The board is also pondering whether to add autism, irritable bowel syndrome, osteoarthritis, and PTSD.

Asset Forfeiture

Michigan Legislature Passes Asset Forfeiture Reform Package. The state Senate Wednesday gave final approval to a seven-bill package that will increase civil asset forfeiture reporting requirements and increase the burden of proof for seizures from "a preponderance" of the evidence to "clear and convincing" evidence the seized items were connected to a crime. The package has already passed the House. Some groups, including the Mackinac Center for Public Policy and the Michigan ACLU, want to see even deeper reforms, including eliminating civil asset forfeiture entirely and requiring a conviction before property can be seized in a criminal proceeding. But this is a start.


Massachusetts Bill Would Block Sending Women to Prison for Drug Treatment. An amendment to a supplemental spending bill would prohibit women from being civilly committed to the Framingham state prison for drug treatment. The bill and its amendments are to be debated tomorrow. It's a move that was recommended by Gov. Charlie Baker's (R) task force on opioid abuse. Baker is looking for $5.8 million in the supplemental budget to pay for women in the prison for drug treatment to be moved to a hospital, most likely Taunton State Hospital.

Chronicle AM: Thousands of Federal Drug Prisoners to Be Freed, Ohio Early Voting, More (10/6/15)

Major sentencing news today; early voting starts today in Ohio (marijuana legalization is on the ballot), a North Carolina hemp bill has gone to the governor, Colombia will still spray a nasty herbicide on coca crops, and more.

Federal prisons will be a little less crowded a month from now. (nadcp.org)
Marijuana Policy

California Governor Vetoes Law Criminalizing Hash Oil Explosions. Gov. Jerry Brown (D) Monday vetoed Assembly Bill 849, which would have made it a crime to cause an explosion causing bodily harm. The bill was inspired by a series of butane hash oil lab explosions, but in his veto message, Brown said the conduct is already proscribed and another law on the matter "creates increasing complexity without commensurate benefit."

Early Voting Starts Today on Ohio Legalization Initiative. Ohioans can vote for or against Issue 3, the controversial ResponsibleOhio initiative beginning today. Early voters can mail in absentee ballots or visit early-voting locations across the state.

Oregon's Multnomah County (Portland) Issues Report on Legalization. The Multnomah County Health Department has issued a report saying there are drawbacks and benefits from marijuana legalization, but that more research is needed. The report recommends implementing policies to address impaired driving, teen use, and dependence; there should be warnings for pregnant and nursing women, and there should be limits on the potency of pot, as well as on contamination from pesticides and other substances.

Medical Marijuana

Washington State Issues Emergency Medical Marijuana Rules. The state Health Department has just released emergency rules as the state moves to merge medical marijuana into the recreational pot regulatory system. The rules set standards for packaging "High THC compliant products," testing requirements, safe handling, employee training, and labeling. Click on the rules link for all the details.


North Carolina Hemp Bill Heads to Governor's Desk. A measure legalizing industrial hemp production has been approved by the state legislature and now heads to the desk of Gov. Pat McCrory (R). The measure is Senate Bill 313. McCrory must veto it to block it; if he fails to act, it is approved.

Heroin and Prescription Opiates

An Overdose an Hour in Chicago Last Week. In the middle of last week, Chicagoans were overdosing on heroin, prescription opiates, or drug combinations at a rate of more than one an hour. Authorities reported responding to 74 overdose calls in 72 hours between last Tuesday and last Friday. ER doctors are suggesting that heroin cut with the powerful opioid fentanyl is behind the outbreak.


Feds to Free 6,000 Drug Prisoners at Month's End, More to Follow. The Justice Department has announced that some 6,000 federal drug war prisoners will get early release from prison between October 30 and November 2. Most will go to halfway houses and home confinement before being freed on supervised release. This is the result of actions by the US Sentencing Commission, which cut sentences for some drug offenders last year and later made the chance retroactive, affecting currently serving inmates. An estimated 46,000 of nearly 100,000 federal drug prisoners should eventually qualify for the program.


Colombia Will Continue to Use Glyphosate, Just Won't Aerially Spray It Anymore. Colombian police will continue to use the herbicide glyphosate to eradicate coca plants, even though it won't apply it with aerial sprays, the chief of police said. The National Narcotics Council outlawed aerial spraying earlier this year, after glyphosate was found to contain massive amounts of carcinogens, but eradicators will now spray by hand, Police Chief Rodolfo Palomino said. "We will continue with other forms of manual eradication and land fumigation with glyphosate," said Palomino.

September's Drug War Death Toll Includes Black Teen Armed Only With "Finger Gun"

Four more people died in the drug war last month, including two men shot and killed by police, one armed only with a stapler and the other armed only with a finger. A police officer and another man also died in the drug war, not from gunfire, but from misadventure.

According to Drug War Chronicle, which has been tallying narrowly-defined drug war deaths for the past five years, the September deaths bring this year's toll to 46. The Chronicle only counts deaths directly linked to drug law enforcement activities -- not, for example, drug gang shootouts or overdose deaths.

Keith Harrison McLeod, a black, 19-year-old Baltimore County resident died September 23 after being shot by a police officer who said he made a "finger gun" gesture at him.

According to Baltimore County Police, the killing happened after a pharmacist in suburban Reistertown called police to report that McLeod had tried to use a fake prescription to purchase an opiated cough syrup (promethazine and codeine), popularly known as "purple drank" among its recreational users.

When the cops showed up, McLeod took off running, but then stopped and got into a "confrontation" with a pursuing officer. Police said, and have video surveillance footage to back them up, that McLeod then moved his hand from behind him and pointed his finger at them like a gun: "[The man reached] around to the small of his back and abruptly whipped his hand around and pointed it toward the officer, as if with a weapon."

The white police officer, identified only as Officer Earomirski, then shoots McLeod, who fell to the ground, but continued "reaching into his waistband as if for a weapon," and Officer Earomirski then shoots him twice more. He was pronounced dead shortly after arriving at Northwest Hospital. No actual weapon was recovered.

Keith McLeod, who was unarmed, is dead, Officer Earomirski is on administrative leave, and "police authorities are investigating."

Dominic Fuller, 34, a Haines City, Florida, man was killed by Polk County Sheriff's Office (PCSO) SWAT officers as he pointed a stapler at them two days earlier. It was the end of a wild manhunt.

According to the PSCO, deputies had been called on a report of drug dealing and a suspicious vehicle in Auburndale and encountered Fuller, who was wanted in a neighborhood shooting a week earlier. Fuller took off on foot, and deputies on the scene discovered his car was stolen and contained a handgun.

As police searched for him, Fuller desperately sought transport away from the area, entering a parked camper with a woman inside and demanding she give him a ride, then entering the house where the camper was parked and demanding a ride or a bicycle from that woman. He left when neither would comply. Numerous witnesses said they saw Fuller running through the area, trying car and residential door handles, with one witness saying they heard him yelling "I have a gun!"

He got into one home, only to be spotted by Deputy Carlos Valle, who saw him standing in the doorway, "showing only his left hand and concealing his right hand behind his back. "Fuller refused commands to surrender, went back into the house, and slammed the door, then tried to escape out a side window, but retreated back into the house when another deputy shined his rifle-mounted flashlight on him.

He then opened the front door, ignoring commands to show his hands and to surrender. When Fuller saw another deputy, Gabriel Reveron, hidden near the doorway, he turned toward the deputy and raised his right hand, displaying a black and chrome object. Reveron, "in fear for his life," fired five shots at Fuller, who staggered back inside slammed the door.

The PCSO SWAT team then spent two hours trying to establish contact with Fuller before entering the residence and finding him dead of gunshot wound to the chest. No gun was recovered, but a black and chrome stapler was found near his body.

Fuller, who was out on bond on meth and paraphernalia charges, had a lengthy criminal record including assault, weapons, and various drug charges.

Deputy Reveron is on administrative leave.

Sgt. Eric Meier of the Crawford Police in upstate New York died September 17, not from a criminal's bullet, but from an apparent heart attack as he traipsed through fields and woods while investigating a report of a marijuana grow. Meier, 51, "suffered a medical emergency" in mid-afternoon and died later that afternoon at the Orange Regional Medical Center.

Zachary McDaniels of Richland County, South Carolina, died on September 6, choking to death on a bag of marijuana during a traffic stop. According to the Richland County Sheriff's Office, McDaniels was one of two men who stole a car at local shopping mall and fled on foot when deputies pulled them over. McDaniels was caught, and police said after he was caught, he started having trouble breathing. EMS workers were called to the scene and found a baggie in his airway, but were unable to remove it. He went into cardiac arrest and suffered brain injury and died after his family took him off life support. The autopsy showed he had swallowed four other baggies of weed before the fifth one got stuck.

Chronicle AM: Lynch Reaffirms Obama MJ Stance, Celebs Come Out for Sentencing Reform, More (10/5/15)

Attorney General Loretta Lynch is following the same path on marijuana states as her predecessor, the big California legalization initiative rolls out, Uruguay grants licenses to grow commercial marijuana, there will be no cannabis sales in Berlin (at least for now), and more.

Attorney General Loretta Lynch (justice.gov)
Marijuana Policy

Attorney General Lynch Reaffirms Obama Administration's Approach to Marijuana States. The new attorney general has made clear she is not going off the reservation when it comes to marijuana policy. Former Attorney General Holder crafted the administration's largely hands-off approach, and Lynch has now said she will follow that path. "I think states have to make these decisions on their own," she said in an interview with NBC. "They listen to their citizens and they take actions. What we have said, and what we continue to say is that states have to also have a system designed to, number one, mitigate violence associated with their marijuana industries. And number two, and perhaps most importantly, keep young people, children away from the products."

ReformCA Rolls Out Its California Legalization Initiative. The California Coalition for Cannabis Policy Reform, also known as ReformCA, has filed a draft marijuana legalization initiative with state officials, the group announced Sunday. The long-anticipated move means the campaign best-placed to bring legalization to the Golden State can finally get underway.The Control, Regulate and Tax Cannabis Act of 2016 would allow people 21 and over to possess and cultivate limited amounts of marijuana and it would set up legal marijuana commerce overseen by a pair of new state agencies, the California Cannabis Commission and the Office of Cannabis Regulatory Affairs. Click on the title link to read our feature story.

Oregon Dispensaries Rake in the Bucks from Recreational Sales. Dispensaries, which were allowed to start selling marijuana to any adults October 1, are reporting "gangbuster" business during their opening weekend. One Southeast Portland dispensary reported 600 customers a day, compared to the 30 a day it had been seeing for medical marijuana. A Bend dispensary reported $55,000 in sales on opening day, and a Northeast Portland dispensary was staying open 24-hours-a-day to meet demand.

Medical Marijuana

Illinois' First Medical Marijuana Crop is Coming In. Shine on, harvest moon. The state's medical marijuana cultivation centers spent the weekend harvesting their first legal crop, and some are already preparing their first shipments to patients. The state has had a medical marijuana law in effect since January 2014, but only now is the medicine about to get to patients.

Ohio Attorney General Again Rejects Medical Marijuana Initiative Summary. For the second time, Attorney General Mike DeWine has rejected the summary language for a proposed medical marijuana initiative from Ohio Medical Cannabis Care LLC. DeWine pointed to six defects in the language. The group can resubmit its language once it has addressed them. Click on the link for details on the defects.

Three of Kettle Falls Five Sentenced to Federal Prison. The Kettle Falls Five were a family group of medical marijuana patients pursued by federal prosecutors even though both medical and recreational marijuana are legal in Washington. Last Friday, two were sentenced to a year and a day in federal prison, while a third was sentenced to 33 month. Family patriarch Larry Harvey was also prosecuted, but has died, and a fifth member has already pleaded guilty and been sentenced to 16 months. The three sentenced last Friday are still free while their convictions are being appealed.

Heroin and Prescription Opiates

Massachusetts Senate Passes Bill Aimed at Opiate Abuse. The measure, Senate Bill 2020, is focused on prevention and intervention to curb opiate use. It has provisions regarding pain management, expanded manufacturer drug take-back programs, and insurance changes to make it easier to get coverage for drug treatment. The bill now goes to the House.


A-List Celebs Get Behind Sentencing Reforms, Prison Population Reductions. Amy Schumer, Steph Curry, Ed Norton, Jesse Williams, Chris Pine, Russell Simmons, and Piper Kerman are among 90+ celebrities calling for reform to our criminal justice system. The stars are joining the campaign led by #cut50, a bipartisan effort to reduce our incarcerated population by 50 percent over the next 10 years. The celebrity push comes on the heels of a historic deal on criminal justice reform last week. The bill, spearheaded by Judiciary Committee Chairman Chuck Grassley (R-IA), will involve reductions in mandatory minimum sentences for drug offenses, an expansion of the federal "safety valve" (which allows judges to use their discretion to sentence people below statutory mandatory minimums), and will expand reentry programming and early release. Click on the link for more.


No Cannabis Cafes for Berlin. Plans for Germany's first legal marijuana sales businesses have gone up in smoke after federal regulators rejected plans by Berlin's Kreuzberg-Friedrichschain district to allow them. The Federal Institute on Pharmaceuticals put the kibosh on the plan, but this isn't the end of it. Similar moves are afoot in Hamburg, Bremen, Munster, and Dusseldorf, and Kruezberg-Friedrichschain says it isn't giving up, either.

Uruguay Awards Commercial Marijuana Cultivation Permits. Marijuana should be available for sale at pharmacies in about eight months after Uruguay has now selected two companies to grow it for the country's legal market. It will go for about $1.20 per joint.

Sweeping Bipartisan Federal Sentencing Reform Legislation Filed [FEATURE]

A bipartisan group of senators including heavyweights like Senate Judiciary Committee Chairman Chuck Grassley and Assistant Democratic Leader Dick Durbin rolled out comprehensive sentencing reform legislation Thursday. The bill aims at reducing prison sentences for some drug offenders and seeking to curb recidivism by bolstering reentry programs for prisoners. The legislation would, however, also expand mandatory minimum sentences in some for some non-drug offenses.

The Sentencing Reform and Corrections Act of 2015 is also cosponsored by Senators John Cornyn (R-TX), Sheldon Whitehouse (D-RI), Mike Lee (R-UT), Charles Schumer (D-NY), Lindsey Graham (R-SC), Patrick Leahy (D-VT), and Cory Booker (D-NJ).

It is arguably the most sweeping legislation to roll back drug war excesses yet, and it represents "small government" conservatives cooperating with liberals and civil rights advocates -- a remarkable step in this era of poisoned partisan relations in Washington. If passed, it would free some currently serving prisoners, as well as cut sentences for future offenders.

The bill narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening ways defendants with minimal non-felony criminal histories can avoid triggering mandatory minimum sentences. The bill also reduces certain mandatory minimums, providing judges with greater discretion when determining appropriate sentences, and preserves "cooperation incentives" to aid law enforcement in tracking down kingpins.

In addition to reducing prison terms for some offenders through sentencing reform, qualifying inmates can earn reduced sentences through recidivism reduction programs outlined in the CORRECTIONS Act introduced by Cornyn and Whitehouse. The bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences.

According to a summary provided by Sen. Grassley's office, the bill:

Reforms and Targets Enhanced Mandatory Minimums for Prior Drug Felons: The bill reduces the enhanced penalties that apply to repeat drug offenders and eliminates the three-strike mandatory life provision, but it allows those enhanced penalties to be applied to offenders with prior convictions for serious violent and serious drug felonies.

Broadens the Existing Safety Valve and Creates a Second Safety Valve: The bill expands the existing safety valve to offenders with more extensive criminal histories but excludes defendants with prior felonies and violent or drug trafficking offenses unless a court finds those prior offenses substantially overstate the defendant's criminal history and danger of recidivism. The bill also creates a second safety valve that gives judges discretion to sentence certain low-level offenders below the 10-year mandatory minimum. But defendants convicted of serious violent and serious drug felonies cannot benefit from these reforms.

Reforms Enhanced Mandatory Minimums and Sentences for Firearm Offenses: The bill expands the reach of the enhanced mandatory minimum for violent firearm offenders to those with prior federal or state firearm offenses but reduces that mandatory minimum to provide courts with greater flexibility in sentencing. The bill also raises the statutory maximum for unlawful possession of firearms but lowers the enhanced mandatory minimum for repeat offenders.

Creates New Mandatory Minimums for Interstate Domestic Violence and Certain Export Control Violations: The bill adds new mandatory minimum sentences for certain crimes involving interstate domestic violence and creates a new mandatory minimum for providing weapons and other defense materials to prohibited countries and terrorists.

Applies the Fair Sentencing Act and Certain Sentencing Reforms Retroactively

Provides for Prison Reform based on the Cornyn-Whitehouse CORRECTIONS Act: The bill requires the Department of Justice to conduct risk assessments to classify all federal inmates and to use the results to assign inmates to appropriate recidivism reduction programs, including work and education programs, drug rehabilitation, job training, and faith-based programs. Eligible prisoners who successfully complete these programs can earn early release and may spend the final portion (up to 25 percent) of their remaining sentence in home confinement or a halfway house.

Limits Solitary Confinement for Juveniles in Federal Custody and Improves the Accuracy of Federal Criminal Records

Provides for a Report and Inventory of All Federal Criminal Offenses

Senator Cory Booker (D-NJ) is a bill cosponsor (wikimedia/Bbsrock)
"This historic reform bill addresses legitimate over-incarceration concerns while targeting violent criminals and masterminds in the drug trade," Grassley said. "This bill is an important component in my ongoing effort as Judiciary Committee chairman to ensure access to justice for both the victims and the accused."

"The United States incarcerates more of its citizens than any other country on earth," said Durbin. "Mandatory minimum sentences were once seen as a strong deterrent. In reality they have too often been unfair, fiscally irresponsible and a threat to public safety. Given tight budgets and overcrowded prison cells, our country must reform these outdated and ineffective laws that have cost American taxpayers billions of dollars. This bipartisan group is committed to getting this done."

"Crafting criminal justice reform in this Congress is like a Rubik's cube, but this group of Republicans and Democrats worked hard to come up with a fair and balanced package that will make a real difference," said Schumer. "This bill would make much needed reforms to sentencing for nonviolent offenders, resulting in a much fairer criminal justice system. I'm hopeful that we can continue moving the ball forward in a bipartisan way to make the reforms our system needs."

"For decades, our broken criminal justice system has held our nation back from realizing its full potential," said Booker. "Today, we take a step forward. Mass incarceration has cost taxpayers billions of dollars, drained our economy, compromised public safety, hurt our children, and disproportionately affected communities of color while devaluing the very idea of justice in America. The Sentencing Reform and Corrections Act is a promising, bipartisan step forward to help right this wrong."

Although the bill doesn't move completely away from the resort to mandatory minimums, it is still garnering general support among the civil rights, drug reform, and criminal justice reform communities.

The bill aims to reduce federal prison populations. (nadcp.org)
"The legislation is recognition from leadership in both parties that the war on drugs has failed and that the harsh sentencing laws that appealed to lawmakers in the 80s and 90s have had disastrous consequences -- especially for communities of color," said Michael Collins, Policy Manager at the Drug Policy Alliance. "There are things we like about the bill and things we don't, and much more action is needed to tackle mass incarceration, but this is a worthy compromise."

"In an age of intense partisan conflict, it's heartening to see lawmakers across the spectrum working together on restoring justice in this country," said Maj. Neill Franklin (Ret.), executive director for Law Enforcement Against Prohibition (LEAP), a group of criminal justice professionals working to end the drug war. "We could reduce the impact that drug prohibition has on people of color and for so many others who have been victims of unreasonable and ineffective drug prohibition laws. There's still a lot of work to be done, but this is a considerable step in the right direction."

The Leadership Conference on Civil and Human Rights was also on board.

"Today marks a unique moment in our history and an important step forward in making long overdue reforms to our justice system," said Wade Henderson, the group's CEO. "This bill represents the most robust bipartisan effort at criminal justice reform in years. "This harmonic convergence of left and right -- of civil rights and small government advocates -- represents a coalition of conscience that can carry this legislation to the White House. We applaud the effort and look forward to working with the cosponsors on this legislation."

Now, the bill has to actually get through Congress. Given the high-powered and bipartisan support in the Senate, prospects look good there, but whether the House will be willing to sign on remains to be seen.

Here Comes the Big One: The ReformCA Marijuana Legalization Initiative [FEATURE]

The California Coalition for Cannabis Policy Reform, also known as ReformCA, has filed a draft marijuana legalization initiative with state officials, the group announced Sunday. The long-anticipated move means the campaign best-placed to bring legalization to the Golden State can finally get underway.

The Control, Regulate and Tax Cannabis Act of 2016 would allow people 21 and over to possess and cultivate limited amounts of marijuana and it would set up legal marijuana commerce overseen by a pair of new state agencies, the California Cannabis Commission and the Office of Cannabis Regulatory Affairs.

"We believe this effort has the most statewide input and consensus, and thus the greatest likelihood of succeeding on the 2016 ballot," ReformCA said. "We engaged in extensive discussions with thousands of stakeholders across California, including community leaders, activists, elected officials, city and county employees and locals."

ReformCA also consulted with the California NAACP, the Latino Voters' Leagues, Law Enforcement Against Prohibition, and medical, health care and environmental groups. It took part in lengthy discussions with the Drafting Advisory Group, which includes state and national activist and industry groups, including the Drug Policy Alliance, the Marijuana Policy Project, Americans for Safe Access, the California Cannabis Industry Association, the Greater Los Angeles Collective Alliance, the Emerald Growers Association, New Approach, the Harborside Group, and the Council on Responsible Cannabis Regulation.

"We've filed our proposed initiative language based on the policy priorities and common sense reforms Californians have been asking for for six years now" and the Manatt, Phelp and Phillips Law Firm has created "an elegant policy document," ReformCA said, adding that it was crafted to comport with the guidelines laid down by pro-legalization Lt. Gov. Gavin Newsom's Blue Ribbon Commission on Marijuana Policy and to complement the statewide medical marijuana regulation scheme approved last month by the legislature.

A handful of other legalization initiatives have already been filed, and some are approved for signature gathering, but there isn't much sign that any of them have the bucks or the organization to get the job done. It takes some 365,000 valid voter signatures to qualify for the November 2016 elections, a number that means paid signature gathering at a cost that could run a million dollars or more.

And that's just to get on the ballot. With 38 million residents and some of the country's largest media markets, California is an expensive place to run an initiative advertising campaign -- as in $10 million or $20 million or more.

Let the campaign begin! (reformca.com)
There is money out there, and unlike 2010, when Richard Lee's Proposition 19 came up short, both financially and at the polls, the state's already existing legal (medical) marijuana industry looks to be gearing up to help. Earlier this year, Weedmaps.com contributed $2 million toward the cause, with half going to an initiative campaign committee that will spend it on the initiative it likes best. The other half is going to a PAC that will work to elect pro-legalization candidates. Facebook cofounder Sean Parker, who did support Prop 19, says he will probably invest in a legalization initiative, too.

But if, as expected, both the Drug Policy Alliance and the Marijuana Policy Project get behind the ReformCA initiative -- they were a teensy bit nervous last week -- that should help open the floodgates and pave the way to getting those signatures and making the ballot.

This is a first draft of the initiative, and the campaign is seeking feedback before filing a final version, but only until midnight Pacific Time this Wednesday. Here's what it will do:

  • Personal Use and Cultivation. Legalizes possession of up to an ounce by people 21 and over and allows for personal cultivation of up to 100 square feet and the possession of "the results of lawfully harvested homegrown cannabis."
  • Unlawful Acts. A $100 fine for minors possessing or sharing not more than an ounce with other minors; a $500 fine for adults providing less than an ounce to minors, for minors who possess more than an ounce but less than a pound, for adults who possess more than an ounce, for public consumption, and for smoking up in a moving vehicle; either a misdemeanor or infraction (prosecutor's choice) for possessing more than a pound, selling more than an ounce but less than a pound, growing marijuana beyond 100 square feet without a license or as a minor; a felony for providing pot to minors under 18, distribution to other states, growing on federal or state protected lands, or engaging in violence.
  • Driving. No measuring metabolites. Instead: "A person shall be deemed to be under the influence of cannabis if, as a result of consuming cannabis, his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle or operate a vessel with the caution of a sober person, using ordinary care, under similar circumstances. This standard shall be the sole standard used in determining driving under the influence allegations."
  • Employment. Does not affect employers' ability to fire employees for marijuana use.
  • Medical Marijuana. With limited exceptions, "does not infringe upon the protections granted under the Compassionate Use Act of 1996," grants business licenses to existing, compliant medical marijuana businesses.
  • Regulated Marijuana Commerce. Establishes the California Cannabis Commission and the Office of Cannabis Regulatory Affairs to regulate and rule-make; envisions licenses for cultivation, nursery, manufacturing, distribution, transportation, retail, and testing enterprises.
  • Local Control. Cities and counties can ban marijuana commerce, including retail outlets, but not delivery services, but only by popular vote -- not by executive or legislative action. This means the default position is "no ban."Localities cannot ban personal cultivation.
  • Taxation. Tax on cultivators of $2 per square foot licensed; production tax paid by first purchaser of $15 an ounce ($5 an ounce for first 500 pounds from small producers); 10% retail sales tax -- half to the state and half to the locality.

Remember this is just the draft, but ReformCA is finally out of the gate. California should join the ranks of the legalization states next year, and the Control, Regulate and Tax Cannabis Act of 2016 is the most likely vehicle.

Oakland, CA 95472
United States

Chronicle AM: Late Uncertainty on CA Initiatives, FL Heroin Deaths at Record High, More (10/2/15)

There are signs of dissension around the ReformCA legalization initiative, Oklahoma medical marijuana supporters are searching for signatures, a federal bill to require police to report lethal force incidents is introduced, and more.

Heroin killed a record number of people in Florida last year, but more died of prescription drug overdoses. (NJ State Police)
Marijuana Policy

Last Minute Uncertainties for California's ReformCA Initiative. There are signs the unified front behind the pending ReformCA legalization initiative isn't as unified as was thought. The LA Weekly is reporting that one of its key backers, the Drug Policy Alliance, might go its own way. "We want to have a plan B option that's ready to go in case [another] initiative doesn't represent and uphold the values and principles," said Lynne Lyman, the DPA's California director. "We're most concerned about a case where it doesn't move forward." DPA, NORML, and the Marijuana Policy Project had been listed on the ReformCA website as supporters; now they're not. MPP has confirmed that it asked for its name to be removed. But Dale Gieringer, a spokesman for ReformCA, downplayed the situation. "It's not that chaotic. It will all be clear in a few days. It's about last-minute negotiation."

Medical Marijuana

Oklahoma Initiative Signature Gathering Goes Forward. The Green the Vote medical marijuana initiative campaign was doing signature gathering in Ardmore Thursday. The group has 90 days to gather 130,000 valid voter signatures to qualify for the November 2016 ballot.

Heroin and Prescription Opiates

Florida Heroin Deaths at All-Time High. Heroin was detected in 447 fatalities last year, according to state medical examiners. That's more than double the 199 people who died with heroin in their bodies in 2013. Fentanyl was also surging; there were 538 deaths of people who had the powerful prescription opioid in their systems, nearly double the 292 from the previous year. While heroin deaths were at record levels, more than twice as many (978) people died with oxycodone in their systems. There were 8,587 fatal drug overdoses reported in Florida last year; many of them included multiple substances.

Drug Policy

New Hampshire GOP Lawmakers Want Online Drug Dealer Registry. Three GOP lawmakers have presented slightly different bills that would create an online drug dealer registry similar to sex offender registries, but advocacy groups said such a move is unfair and unnecessary. "It's a stupid, gratuitous and entirely unnecessary proposal," said Ethan Nadelmann, executive director of the Drug Policy Alliance. ''It reminds me of the sort of foolish rhetoric and foolish laws that flowed from back at the height of the drug war." Click on the title link for more detail.

Law Enforcement

Federal Bill Requiring Police to Report Use of Lethal Force Filed. Sen. Tim Scott (R-SC) Thursday filed S. 2112, "a bill to require law enforcement agencies to report the use of lethal force, and for other purposes."

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

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

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

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

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

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

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

Heroin and Prescription Opiates

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


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

(This article was prepared by 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.)

This Week's Corrupt Cops Stories

A criminal gang of Puerto Rican cops gets indicted, prison guards run wild all over the country, and more cops get in trouble for stealing dope and cash. Let's get to it:

In Shamokin, Pennsylvania, a state prison guard was arrested last Wednesday for allegedly smuggling cell phones and marijuana into the prison. Damond Lamar Johnson is charged with possession of a controlled substance and contraband, conspiracy, and criminal use of a telecommunications device. He went down after he was found with marijuana during a pre-shift search and later confessed to other instances of smuggling pot and cell phones into the joint.

In Jackson, Mississippi, a Jackson police officer was arrested last Thursday on charges he was aiding some local drug dealers by pulling over their rivals and seizing their cash during illegal stops. Officer Bryan Jones went down after a tip from the community. He's been charged with extortion. He's looking at up to 20 years in federal prison.

In Atlanta, a former Georgia prison guard was indicted last Thursday on charges related to the use of cell phones to facilitate drug trafficking and other crimes behind bars. Anekra Artina Williams, 20, a guard at Valdosta State Prison, was charged with extortion and distributing methamphetamine and extortion. She is one of a dozen people rounded up in the federal bust, including current and former inmates and a prison cafeteria worker.

In San Juan, Puerto Rico, 10 police officers were indicted last Friday for allegedly participating in a criminal organization run out of the police department. They are accused of using their positions to make money through selling drugs, robbery, extortion, and manipulating court records. The officers are Shylene López-García aka "Plinia"; Ángel Hernández-Nieves, aka "Doble"; Xavier Jiménez-Martínez, aka "Negro"; Alvin Montes-Cintrón, aka "Vinillo"; Ramón Muñiz-Robledo, aka "Marmota"; Guillermo Santos-Castro, aka "Caco Biftec"; Luis Flores-Ortiz, aka "Piquito"; José Neris-Serrano; Manuel Grego-López; and David Centeno-Faría, aka "David Bisbal." They are charged with conspiracy to violate the RICO Act, as well as extortion, drug trafficking, civil rights violations, and making false statements.

In State College, Pennsylvania, a former State College police officer was sentenced last Friday to 23 months in jail for stealing drugs from the evidence room. Thomas Dann, 56, stole cocaine and prescription medications while serving as the evidence room custodian, and originally faced dozens of counts. He pleaded guilty to four counts of felony acquisition of a controlled substance by fraud for stealing three pounds of cocaine, as well as dozens of prescription opioids.

In Baltimore, a former jail guard was sentenced last Friday to six years in prison for his role in a Baltimore jail racketeering conspiracy. Travis Paylor, 27, is one of 40 people convicted in the wide-ranging prison corruption case involving the Black Guerrilla Family and got the longest sentence because he continued to engage in illegal activity even after he was charged. He was convicted of smuggling contraband, including drugs, into the prison.

In Los Angeles, a former LAPD officer pleaded no contest Tuesday to offering to sell drugs to an undercover officer last year. Randolph Agard pleaded guilty to two counts of possession for drugs for sale, and was sentenced to 480 hours of community service and three years' probation. Agard had responded to an online ad seeking drugs placed by police. When he arrived at a meeting place, he was arrested by LAPD narcs, who found 20 hydrocodone tablets in his pocket and 35 more in his car.

Medical Marijuana Update

Last week's reservation raid in California reverberates, dispensaries move a step closer in Maryland, a medical marijuana bill advances in South Carolina, and more.


Last Friday, the Pinoleville Pomo Nation responded to a raid on its collective grow operation. The tribe said Mendocino County Sheriff Tom Allman "overstepped his authority, violated tribal sovereignty, and acted outside of his legal jurisdiction" in the raid last Tuesday, in which deputies "seized and destroyed property that belonged to the tribe's cannabis collective." Allman argued that the operation was illegal because it was for profit, but the tribe says it will "seek all legal remedies against the Mendocino County Sheriff's Office" for damages from the raid.


Last Thursday, the attorney general's office clarified that counties cannot ban dispensaries. Faced with an effort by Anne Arundel County Executive Steve Schuh to ban medical marijuana facilities in the county, the office of the attorney general issued a non-binding legal opinion saying that while state law allows counties to decide where such facilities may locate, it does not allow them to ban them.

On Monday, the state began taking applications for medical marijuana businesses. The Maryland Medical Cannabis Commission is accepting applications for state licenses for growers, processors, and dispensaries. The commission will issue 15 licenses for growers, up to 92 for dispensaries, and an unlimited number for processors. The deadline for applications is November 6, and dispensaries could be stocked and open by next fall. Click on the commission link for more details.


Last Friday, lawmakers and regulators got an earful from patients at a hearing. The task force overseeing the state's medical marijuana program heard from patients and providers at a hearing last Friday, with complaints about high prices and logistical problems getting lots of attention. Click on the link for more details.

South Carolina

Last Thursday, a medical marijuana bill won a Senate panel vote. A Senate Medical Affairs Subcommittee today approved Senate Bill 672 a full-fledged medical marijuana bill. The vote was unanimous. The bill will head to the full committee early next year. The state approved a CBD cannabis oil bill last year.


Beginning Thursday, some dispensaries will start selling to non-medical users. More than half of the state's 345 medical marijuana dispensaries have told the Health Authority they plan to sell recreational marijuana starting Thursday, October 1. Recreational marijuana has been legal in the state since July 1, but recreational pot shops won't be open until next year, so the state is allowing dispensaries to fill the void.

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

Chronicle AM: Midwest Asset Forfeiture Moves, Puerto Rico Decriminalizes, More (9/30/15)

Puerto Rico decriminalizes, polls in Texas and Canada show strong majorities for marijuana law reform, Ohio and Michigan are moving on asset forfeiture reform, DEA agents flunk drug tests with few consequences, and more.

The Dutch Supreme Court says foreigners can be banned from cannabis cafes, but the cafes don't seem to be paying attention.
Marijuana Policy

Puerto Rico Decriminalizes Possession of Up to Six Grams. Gov. Alejandro Padilla Garcia Monday signed an executive order decriminalizing the possession of up to six grams of marijuana. Instead of criminal proceedings, people caught with small amounts of pot will be subject to a fine, or possibly drug treatment. The governor cited the high cost of prosecuting small-time offenders.

Texas Poll Has Three-Quarter Support for Marijuana Reform. Nearly three out of four Texans are ready to liberalize the state's marijuana laws, according to a new Texas Lyceum Poll. The poll had support for legalization at 46%, with another 28.5% supporting decriminalization. That's 74.5% for liberalization. Only 19.5% opposed both legalization and decriminalization. Clink on the link for more poll details and methodology.

Asset Forfeiture

Michigan Attorney General Backs Asset Forfeiture Reforms. Attorney General Bill Schuette (R) is supporting a package of civil asset forfeiture reform bills. The bills, which have already passed the House, wouldn't entirely eliminate civil asset forfeiture, but would increase the burden of proof on law enforcement to keep seized property and would require more transparency. "On this issue of forfeiture and transparency, as a lawyer and as attorney general, I'm in support of these seven bills," Schuette said Tuesday during a press call organized by Fix Forfeiture, a national and bipartisan group advocating for reform. "This is a good effort. A good team effort."

Ohio GOP Legislators File Bill to End Civil Asset Forfeiture. Nineteen House Republicans cosponsored a bill Tuesday that would eliminate civil forfeiture under state law and only allow criminal forfeiture after a defendant is convicted of a crime. The lead sponsor is Rep. Robert McColley (R-Napoleon). The bill is not yet on the legislative website.

Law Enforcement

DEA Agents Fail Drug Tests, But Face No Serious Consequences. At least 16 DEA employees have failed drug tests, but only got short suspensions or other minor punishments, according to newly released documents. None was punished with being fired, and most were suspended for a day or two. Click on the title link for much, much more.


Canada Poll Has Strong Majority Supporting Marijuana Reform. A new Vote Compass poll has support for marijuana legalization at 56%, with another 30% saying they supported decriminalization. That's 86% in favor of liberalizing the country's marijuana laws. Only 14% said possession should remain a criminal offense, the position of the Conservatives in next month's elections. The Liberals are calling for legalization, while the New Democrats are calling for decrim. Click on the link for more polling details, methodology, and discussion.

Dutch Supreme Court Upholds Ban on Tourists in Cannabis Cafes. The Supreme Court ruled Tuesday that the country can ban foreign nationals from cannabis cafes because such a move does not conflict with European anti-discrimination legislation. The Supreme Court cited a 2010 European Court of Justice ruling that said restricting sales to foreigners is "justified by the objective of combating drug tourism." But the ban appears to operate mainly in the breach. A 2013 survey showed two-thirds of cannabis cafes were selling to foreigners.

The Big California Marijuana Legalization Initiative is About to Roll Out [FEATURE]

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

The long-awaited marijuana legalization initiative from the Coalition for Cannabis Policy Reform, also known as ReformCA, is about to be filed with state officials. Backers of the initiative told the LA Weekly Tuesday that language for circulation will be filed with the attorney general's office in a matter of "days."

Here comes ReformCA! (reformCA.com)
There are a handful of legalization initiatives already filed and some already approved for signature gathering, but there is little sign that any of them have the financial and organizational resources to actually make the ballot. It takes some 365,000 valid voter signatures to qualify, a number that virtually demands paid signature gatherers at a cost that could approach a million dollars.

The ReformCA campaign, on the other hand, has the backing of both powerful and deep-pocketed national groups as the Drug Policy Alliance and the Marijuana Policy Project, as well as major state drug reform, civil rights, and labor groups, including the California NAACP and the United Food and Commercial Workers.

ReformCA has spent more than a year drafting final language after consultations with players across the board, from marijuana consumers, growers, and advocates in a series of public meetings across the state, as well as listening to the positions of law enforcement, public health, and local officials.

Drafting was delayed this summer as ReformCA waited to digest the recommendations of pro-legalization Lt. Gov. Gavin Newsom's Blue Ribbon Commission on Marijuana Policy, finally released in July, and again this month when the state legislature actually got around to passing comprehensive, statewide medical marijuana regulation. That required ReformCA to try to ensure that the initiative wouldn't bump up against the new regs.

"This has taken longer than we wanted," said Dale Gieringer, long-time head of California NORML, and a spokesman for ReformCA.

Details are vague at this point, although ReformCA says it intends to tax and regulate marijuana like alcohol, and its seven principles provide a general idea of what the initiative is going to look like. They include legalizing personal possession "in limited amounts," creating tax revenues from "legal cannabis business and sales," allowing "limited personal cultivation," and allowing "adults to consume on private property where allowed," an apparent reference to cannabis social clubs.

Gieringer said we're likely to see the proposed initiative language filed twice, once so the public can review it and suggest changes, and again after changes have been incorporated.

The big one is coming. The ReformCA initiative should have the resources behind it to make the ballot, and it should have enough public -- and financial -- support behind it to actually pass in November 2016. Then, one-eighth of the nation will have gone green in one fell swoop.

708 Gravenstein Hwy N No 149
Los Angeles, CA 95472
United States

Despite Legalization and Decrim, Marijuana Arrests Spiked Last Year [FEATURE]

Despite marijuana legalization being in effect in two states last year and decriminalization laws in nearly 20 more, the number of marijuana arrests actually increased last year, according to data from the FBI's annual Uniform Crime Report.

Pot arrests accounted for nearly 45% of all drug arrests, which totaled 1.56 million last year. Drug arrests were the single largest category of offenses. There were three times as many drug arrests last year as there were arrests for violent crimes.

There were 700,993 marijuana arrests in 2014, compared with 693,000 in 2013. More than 88% of those arrests were for simple possession -- also an increase over 2013, by 2%.

Last year, people were being arrested for marijuana offenses at a rate of one every 45 seconds. That compares with one every half hour in 1965 and one every two minutes in 1990, when marijuana arrests really started skyrocketing. In that year, there were some 330,000 pot arrests; they peaked in 2007, with nearly 900,000. Last year's number represent a 20% decline from the 2007, but is still an increase over 2013.

The spread of legalization and decriminalization in the West is reflected in the numbers. Marijuana arrests were more likely to occur in the Midwest and South, while many fewer arrests were reported in the West.

Marijuana reform advocates were quick to denounce the uptick.

"These numbers refute the myth that nobody actually gets arrested for using marijuana. Could you imagine if hundreds of thousands of adults were arrested last year simply for possessing alcohol? That would be crazy. It's even crazier that hundreds of thousands of adults were arrested for possessing a less harmful substance," said Mason Tvert, director of communications for the Marijuana Policy Project.

Marijuana busts can happen at home, at a concert, on the sidewalk, when driving...
"It's hard to imagine why more people were arrested for marijuana possession when fewer people than ever believe it should be a crime," Tvert continued. "Law enforcement officials should not be wasting their time and resources arresting and prosecuting adults for using marijuana. While law enforcement was busy making nearly three quarters of a million marijuana arrests, more than 35% of murders went unsolved, the clearance rate for rape was less than 40%, and for robbery and property crimes, it was below 30%."

"It's unacceptable that police still put this many people in handcuffs for something that a growing majority of Americans think should be legal," said Tom Angell, chairman of Marijuana Majority. "A record number of states are expected to vote on legalizing marijuana next year, so we hope and expect to see these numbers significantly dropping soon. There's just no good reason that so much police time and taxpayer money is spent punishing people for marijuana when so many murders, rapes and robberies go unsolved."

The numbers should decrease next year. By the end of 2016, legalization will have been fully in effect in Alaska, DC, and Oregon, as well as in Colorado and Washington, where it was in effect all of last year. But for the numbers to have gone up last year even as legalization and decriminalization expanded across the country strongly suggests that enforcing the marijuana laws continues to be a favorite pastime for law enforcement.

Washington, DC
United States

Chronicle AM: OR Marijuana Sales Begin This Week, FDA Defends Oxycontin for Youth, More (9/29/15)

Half of Oregon's dispensaries will start selling marijuana to any adult beginning this week, the FDA fires back at critics of its pediatric prescribing rules for Oxycontin, a prominent UN official lists the ways the drug "problem" impacts human rights, and more.

The FDA counters critics who say its rules for pediatric prescribing will increase availability. (wikipedia.org)
Marijuana Policy

Florida Legalization Bill Filed. Rep. Michelle Rehwinke Vasilinda (D-Tallahassee) has introduced a bill to legalize marijuana. The measure is House Bill 4021. This is the second time she has filed the bill.

Oregon Dispensaries to Start Selling to Recreational Users This Week. More than half of the state's 345 medical marijuana dispensaries have told the Health Authority they plan to sell recreational marijuana starting Thursday, October 1. Recreational marijuana has been legal in the state since July 1, but recreational pot shops won't be open until next year, so the state is allowing dispensaries to fill the void.

Medical Marijuana

Maryland Now Taking Applications for Medical Marijuana Businesses. As of Monday, the Maryland Medical Cannabis Commission is accepting applications for state licenses for growers, processors, and dispensaries. The commission will issue 15 licenses for growers, up to 92 for dispensaries, and an unlimited number for processors. The deadline for applications is November 6, and dispensaries could be stocked and open by next fall. Click on the commission link for more details.

Heroin and Prescription Opiates

FDA Rejects Critics on Oxycontin for Youth. In response to critics including US senators, the Food and Drug Administration (FDA) has defended its decision last month to allow the prescribing of the powerful opioid to pediatric patients. Critics accused the agency of expanding access to the drug, but the FDA said doctors could already prescribe Oxycontin to pediatric patients and the agency was merely setting prescribing standards. "It's important to stress that this approval was not intended to expand or otherwise change the pattern of use of extended-release opioids in pediatric patients," said FDA spokesman Eric Pahon said in a statement. "Doctors were already prescribing it to children, without the safety and efficacy data in hand with regard to the pediatric population."

Drug Policy

UN Official Says Drug "Problem" Violates Human Rights in Five Areas. UN Deputy Commissioner for Human Rights Flavia Pansieri said Monday that the global drug "problem" violates human rights in the areas of the right to health, rights relating to criminal justice and discrimination, the rights of the child, and the rights of indigenous peoples. "It is clear that the world's drug problem impacts the enjoyment of a wide range of human rights, often resulting in serious violations," said Pansieri, "It is, nevertheless, a positive development that human rights are increasingly being taken into account in the preparations for the General Assembly's Special Session on the world drug problem to be held in April 2016." The remarks came during her report to the High Commissioner on Human Rights.

Harm Reduction

New York Governor Signs Bill to Expand Opiate Maintenance in Drug Courts. Gov. Andrew Cuomo (D) last Friday signed into law Senate Bill 4239, which prohibits drug court judges from forcing defendants to withdraw from opiate maintenance treatments as a condition of avoiding prison. Click on the title link for more details.


New Zealand Activists Call for Party Pill Drug Testing. The New Zealand Drug Foundation is calling on the government to legalize pill testing services. Foundation Executive Director Ross Bell said it was only a matter of time until someone died taking pills of unknown provenance. He added that the government routinely tests drugs for criminal justice purposes, and that those results should be made available as a public health measure. The government said it hadn't considered pill testing, but was open to the possibility in the future.

Mass High Court Rules Police Can't Search Vehicles Based Solely on Suspicion of MJ Possession

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

Civil rights advocates and marijuana legalization supporters are welcoming a decision from the state Supreme Judicial Court that says police can't stop motorists solely because they suspect the vehicle's occupants are carrying marijuana. The decision came in Commonwealth v. Rodriguez.

The Rodriguez in question was Elivette Rodriguez, who was a passenger in a car stopped by New Bedford police in 2012 after they allegedly detected the smell of marijuana coming from the vehicle. During the stop, police found a bag containing 60 Percocet pills, and Rodriguez was charged with possession of a Class B substance with intent to distribute, as well as other offenses.

Before trial, Rodriguez filed a motion to suppress the evidence from the search, arguing that since the state had decriminalized the possession of small amounts of marijuana in 2008, the mere odor of marijuana coming from the car did not create sufficient probable cause to undertake the traffic stop and subsequent search. The trial judge denied that motion, but put the trial on hold while Rodriguez appealed his decision. The Supreme Judicial Court on its own initiative took the case from the appeals court.

In its ruling Tuesday, leaning heavily on the 2008 decriminalization law, the Supreme Judicial Court agreed with Rodriguez. "Permitting police to stop a vehicle based on reasonable suspicion that an occupant possesses marijuana does not serve [the] objectives" of the law, Justice Margot Botsford wrote for the majority. Allowing such stops "does not refocus police efforts on pursing more serious crime," another goal of the law, she wrote.

The court's 5-2 majority ruled that the pills were inadmissible in court because they were "fruit of the poisoned tree," in the classic formulation. In other words, the evidence resulted from an illegal search and thus must be thrown out. Rodriguez' drug case was referred back to district court for "further proceedings consistent with this opinion," but since they now have no evidence against her, prosecutors said they would drop the case.

In arguing the case, Bristol prosecutors had asserted that police can stop vehicles for a civil marijuana offense, just as they can for a civil traffic offense, but the court rejected that argument. While traffic laws are designed to promote road safety, "there is no obvious and direct link" between marijuana possession and maintaining highway  safety.

"The high court was making a statement "about how the police ought to spend their time and the taxpayers' money," ACLU of Massachusetts legal director Matthew Segal told the Boston Globe. Pulling over a vehicle for suspicion of marijuana possession "is not consistent with the Massachusetts constitution, nor is it consistent with the will of the voters who passed decriminalization," he said.

The Campaign to Regulate Marijuana Like Alcohol, one of two groups undertaking marijuana legalization initiative campaigns in the state (the other is Bay State Repeal), was also pleased with the decision. In a statement, campaign spokesman Jim Borghesani said the "provides further clarification for how police officers should handle vehicle stops in the era of decriminalization, and it advances the clear message sent by voters in 2008 to refocus police activity on more serious crimes."

Chronicle AM: The Pope on Dope, Marijuana Arrests Jump, NYC Safe Injection Site Campaign, More (9/28/15)

The pope criticizes the drug war at the UN, the president addresses overdoses and addiction in his weekly address, marijuana arrests jumped last year, a campaign to bring safe injection sites to New York City is launching, and more.

Pots busts jumped last year. Why?
Medical Marijuana

Minnesota Lawmakers Get Earful from Patients at Hearing. The task force overseeing the state's medical marijuana program heard from patients and providers at a hearing last Friday, with complaints about high prices and logistical problems getting lots of attention. Click on the link for more details.

Drug Policy

Pope Francis Criticizes War on Drugs. During his address to the United Nations last Friday, Pope Francis turned from criticizing "systemic violence" in places like Syria and Ukraine to addressing violence linked to drug prohibition -- although without calling it that. "Along the same lines I would mention another kind of conflict which is not always so open, yet is silently killing millions of people. Another kind of war experienced by many of our societies as a result of the narcotics trade," Pope Francis said. The drug war is failing, the pontiff said, and it brings dire consequences. "[It is] a war which is taken for granted and poorly fought. Drug trafficking is by its very nature accompanied by trafficking in persons, money laundering, the arms trade, child exploitation and other forms of corruption," he continued. Click on the link for a full transcript of his remarks.

President Obama Uses Weekly Address to Talk About Preventing Substance Abuse. Obama used his weekly radio address last Saturday to encourage people to participate in "National Drug Take-Back Day" that same day, warning that too many Americans are dying of drug overdoses. "More Americans now die every year from drug overdoses than they do in car crashes," he said. "And most of those deaths aren't due to drugs like heroin or cocaine, but rather prescription drugs." Click on the link for a full transcript of the president's address.

International Drug Policy Conference in DC in November. The Drug Policy Alliance is hosting the world's premier drug policy conference in suburban Washington, DC, on November 18-21. Click on the link for much more information.

Harm Reduction

Campaign for Supervised Injection Sites Coming to New York City. The Open Society Foundation will host a town hall Wednesday on innovative solutions to public drug use and overdosing, including supervised injection sites. It's the opening salvo in a campaign to bring such sites to New York City. While a proven harm reduction measure, no such sites currently operate in the United States. Click on the link for more.

Law Enforcement

Nationwide Marijuana Arrests Jumped Last Year. The FBI has released its annual Uniform Crime Report. The report shows that nearly 701,000 people were arrested for marijuana offenses in 2014, up from 693,000 the previous year. Nearly 90% of all arrests were for possession.


United Nations Will Monitor Honduras War on Drug Gangs. The UN will open a human rights monitoring office in Honduras to monitor potential human rights violations by security forces as they pursue their war on drug gangs, President Juan Hernandez said Sunday. Hernandez and his predecessor, Porfirio Lobo, have increasingly relied on the military to fight gangs, and complaints about human rights violations have been piling up.

Bolivian Drug Law Reforms Would Reduce Penalties for "Microtraffickers," Consumers. The government of President Evo Morales has proposed reforms of the country's drug laws that would cut sentences for consumers and small-time traffickers. The proposal has been sent to the Legislative Assembly. Click on the link to read more in Spanish.

Chronicle AM: Cannabis Social Clubs An Issue, NYC Psychedelics Conference, Argentine Election, More (9/25/15)

The issue of marijuana social clubs is bubbling up in Alaska and Colorado, a second Massachusetts legalization initiative gets ready to collect signatures, Oklahomans really don't like asset forfeiture, and more.

A conference on psychedelics is coming to New York City next month.
Marijuana Policy

Federal Bill Would End Students Losing Financial Aid for Getting Caught With a Joint. Rep. Earl Blumenauer (D-OR) has filed HR 3561, which would protect students who get arrested for misdemeanor marijuana possession offenses from losing access to financial aid. Under the 1998 version of the Higher Education Act (HEA), students with drug convictions lost financial aid, but that law was later walked back to apply only to students in school and receiving financial aid at the time of their offense. Blumenauer's bill would exempt students caught with marijuana from that punishment.

Alaska Set to Ban Cannabis Social Clubs. The state Marijuana Control Board has accepted draft language that would ban businesses allowing on-site pot smoking. The board said such businesses are not a type that was specified in the initiative that legalized marijuana in the state. If Alaskans want marijuana social clubs, it will now be up to them to convince the legislature to create legal space for them.

Colorado Bill Will Allow Marijuana Social Clubs. Rep. Kit Loupe (R-Colorado Springs) says he has drafted a bill that would create a retail marijuana club license. Marijuana users would be allowed to consume at the club, and the clubs could also serve alcohol and food, if licensed to do so. He says he will introduce the bill when the legislature convenes in January.

Second Massachusetts Legalization Initiative Campaign Kicks Off Tomorrow. It's the 26th Annual Boston Freedom Rally this weekend, and Bay State Repeal is using the occasion to launch the signature gathering drive for its legalization initiative. Another initiative campaign, the Marijuana Policy Project-affiliated Campaign to Regulate Alcohol Like Marijuana, got going on signature-gathering earlier this week.

Medical Marijuana

Oregon Seeking Members for Medical Marijuana Task Force. The state Health Authority's Public Health Division said Thursday it is seeking applicants to serve on a newly created Task Force on Researching the Medical and Public Health Properties of Cannabis (the Cannabis Research Task Force). Those interested need to fill out this form by September 30.

Heroin and Prescription Opiates

Massachusetts Opioid Abuse Bill Would Mandate Screening of School Students. A wide-ranging bill to deal with heroin and opiate use being finalized by state Senate leaders would include mandatory drug screening of junior and high school students. While it is only a drug "screening," not a drug test, the provision is raising privacy and confidentiality concerns among some lawmakers. Click on the link for more discussion.


Psychedelics Conference in New York City Next Month. The annual Horizons: Perspectives on Psychedelics conference will take place in New York City on October 9-11. "In recent years, a growing community of scientists, doctors, artists, activists, seekers and scholars has orchestrated a renaissance in psychedelic thought and practice. Horizons is a unique forum that brings together the brightest minds and the boldest voices of this movement to share their research, insights and dreams for the future," according to the Drug Policy Alliance, which is a partner in the conference. Click on the links for more information.

Asset Forfeiture

Oklahoma Poll Has Overwhelming Support for Civil Asset Forfeiture Repeal. A new SoonerPoll shows strong public antipathy toward asset forfeiture and strong support for ending asset forfeiture without a criminal conviction. Some 70% said they would support "legislation that would allow law enforcement only to keep property when a criminal conviction is achieved" and 78% said they agreed that "law enforcement keeping confiscated property without a conviction denies those of their constitutional right of due process is un-American." The poll comes as the legislature ponders asset forfeiture reform.

Drug Policy

Massachusetts Senate Passes Bill to Repeal Drivers' License Suspensions for Non-Driving Drug Offenses. The state is one of handful that still maintain such laws, but perhaps for not much longer. Senate Bill 2014 has passed the Senate and now heads to the House.


Argentine Presidential Candidates Ignore Experts, Call for More Drug War. The top three hopefuls in this year's presidential race -- Sergio Massa, Mauricio Macri, and Daniel Scioli -- all are calling for a tougher drug war, but Argentine scholars and experts say they are only deepening failed policies. More than a hundred scholars have signed a document, The Drug Issue in Argentina, that says maintaining, let alone deepening, existing prohibitionist policies is not the right way to go. Click on the links for more.

Tomorrow is the Anniversary of the Disappearance of Mexico's Ayotzinapa Students. A year ago Saturday, 43 students from a teachers college went missing in Iguala, Guerrero. They still haven't been found, and their disappearance has revealed links between local politicians, local law enforcement agencies, and drug gangs in a scandal that has severely tarnished the reputation of President Enrique Pena Nieto. The families are keeping the pressure on. Click on the link for more.

Chronicle AM: VT Poll Says Legalize, SC MedMJ Moves, Naloxone OTC at CVS in 14 States, More (9/24/15)

An increasing majority supports marijuana legalization in Vermont, a second Wisconsin Indian tribe moves toward allowing marijuana, a major national drugstore chain makes naloxone available over the counter, and more.

Public opinion appears headed to making Vermont a Green Bud state as well as a Green Mountain state. (wikimedia.org)
Marijuana Policy

New Vermont Poll Has Support for Legalization at 56%. A new Castleton Polling Institute survey has majority support for legalization, and it's up two points from the same poll earlier this year. The poll comes as state lawmakers prepare an effort to become the first state to legalize marijuana through the legislative process. Click on the poll link for more details and demographic and methodological information.

Washington State Merger of Medical Marijuana Into Legal Sales System Advances. The state is folding medical marijuana into the legal marijuana system, and the state Liquor and Cannabis Control Board announced Wednesday it will accept applications for new retail stores for the first time since 2013 beginning on October 12. Existing, non-licensed dispensaries will have a chance to apply for sales licenses; those without a sales license will have to shut down by next July.

Second Wisconsin Tribe Moves to Okay Marijuana on the Rez. The Ho-Chunk Nation tribal council voted over the weekend to end a policy that made marijuana use and sale on tribal lands illegal. The Ho-Chunks say that is just the first step on a path toward possible marijuana sales on tribal lands. Last month, the Menominee Nation also endorsed the possible legalization of weed.

Medical Marijuana

Maryland Attorney General's Office Clarifies That Counties Cannot Ban Dispensaries. Faced with an effort by Anne Arundel County Executive Steve Schuh to ban medical marijuana facilities in the county, the office of the attorney general has issued a non-binding legal opinion saying that while state law allows counties to decide where such facilities may locate, it does not allow them to ban them.

South Carolina Medical Marijuana Bill Wins Senate Panel Vote. A Senate Medical Affairs Subcommittee today approved Senate Bill 672, a full-fledged medical marijuana bill. The vote was unanimous. The bill will head to the full committee early next year. The state approved a CBD cannabis oil bill last year.

Harm Reduction

CVS Will Make Overdose Reversal Drug Available Without Prescription in 12 More States. The CVS pharmacy chain announced Wednesday that it will make available without prescription the anti-overdose drug naloxone (Narcan) to opiate users, friends, and family members. "Over 44,000 people die from accidental drug overdoses every year in the United States and most of those deaths are from opioids, including controlled substance pain medication and illegal drugs such as heroin," Tom Davis, vice president of pharmacy professional practices at CVS, said in a statement. "Naloxone is a safe and effective antidote to opioid overdoses and by providing access to this medication in our pharmacies without a prescription in more states, we can help save lives." Wednesday's announcement will affect CVS pharmacies in Arkansas, California, Minnesota, Mississippi, Montana, New Jersey, North Dakota, Pennsylvania, South Carolina, Tennessee, Utah and Wisconsin. The chain already provides the drug without prescription in Massachusetts and Rhode Island.


Pakistan Targets Marijuana Cultivators in Bid to Assert Control, Fight Extremists. Peasant marijuana cultivators in the country's wild and remote Northwest territories are being squeezed by a military and paramilitary effort to exert effective control over the area and stamp out extremism. The authorities view the marijuana trade as a source of financing for the radicals, but it's also a lifeline for impoverished locals. Click on the link for an extensive report.

As Peace Negotiations Advance, Colombia Revamps Drug Policy [FEATURE]

Marking the end of an era, Colombian President Juan Manuel Santos Tuesday unveiled a new policy for dealing with coca cultivation and cocaine production, one that will rely on crop substitution and alternative development, with manual crop eradication only to be used as a last resort.

harvesting the coca crop in Colombia (dea.gov)
Santos then flew to Havana, where he met with leaders of the leftist FARC guerrillas and Wednesday announced an agreement on a transitional justice deal that should lead to the end of the world's longest-running insurgency by March 2016. The agreement on how to deal with combatants in the nearly half-century long civil war is the latest in peace talks that have been going on in Havana since November 2012. Negotiators had already forged agreements on the thorny issues of land reform, the FARC's political participation after peace is achieved, and how to deal with illicit drug production.

Colombia's years-long policy of attempting to eradicate coca crops by spraying fields with herbicides will be history at the end of this month. That policy was backed and financed by the United States as part of its multi-billion dollar effort to defeat drug trafficking and, later, to defeat the FARC.

Despite the billions spent, Colombia remains the world's largest coca and cocaine producer, according to the US government. While production is down from record levels early this century, it rose 39% last year to about 276,000 acres. Figures from the UN Office on Drugs and Crime show a lower extent of cultivation (170,000 acres), but echo that it is on the increase. According to UNODC, the increase was 44% last year.

The plan announced Tuesday, the Integrated Plan for Crop Substitution, has as its goals reducing the crime associated with the drug trade by reorienting policing efforts toward processing, trafficking, and money laundering -- not harassing peasants -- improving state capacity through the improvement of social, economic, and political conditions in the countryside, and dealing with drug consumption with a focus on human rights, public health, and human development.

It sets out six foci:

  1. Social Investment. That will include state and private spending on roads, energy supply, water supply, and investment in public health and education.
  2. Crop Substitution. A phased-in plan with community involvement that will create socio-economic stabilization and create new income opportunities. Agreements will be made with whole communities, not individual growers. Once a community has agreed to crop substitution, voluntary coca eradication will begin. If there is no agreement to eradicate, the government will do it manually, by force.
  3. Interdiction. Interdiction will continue, but in concert with the priorities of local communities and farmers. The plan also envisions "strengthening the legal tools available to fight the illegal drug business."
  4. Investigations and Prosecutions. The government will give top priority to going after "intermediate and top links of the drug trafficking chain," not peasant farmers.
  5. Prevention and Treatment. The new plan will emphasize youth prevention, as well as drug treatment using "programs founded on evidence." The plan calls for an increase in the quantity and quality of drug treatment offered.
  6. Institutional Reforms. The plan will create a new agency for alternative development in illicit cultivation zones. The agency will establish metrics for success, which will be made public on a regular basis.

The government's plan is in line with the recommendations of its Advisory Commission on Drug Policy in Colombia, which in a May report, called for drug policy to be based on evidence and the principles of public health, harm reduction and human rights, with effective state institutions to coordinate policy implementation. Combating the drug trade should focus on trafficking organizations and money laundering, and peasant coca growers should be offered alternative development, not criminal prosecution, the report also recommended. (The report and the issues it addressed were recently discussed at this http://www.brookings.edu/events/2015/09/21-colombian-antidrug-policies-a.... " target="_blank">Brookings Institution event.)

Aerial eradication ends at the end of this month. (wikipedia.org)
"With this program we hope to have a twofold result: reducing the illicit cultivation and improving the living conditions of hundreds of thousands of peasants," Santos said in a speech from the presidential palace.

The plan will focus on the southern provinces of Narino and Putumayo, "where there are some 26,000 families that produce coca," Santos said. "Work will be done to construct roads, schools, health clinics, aqueducts and service networks," he added, noting that coca cultivation is most extensive in areas where the state is weakest.

While the government will seek agreements with communities to voluntarily eradicate their coca crops, "if an agreement is not reached, forced eradication will be resorted to," Santos warned. Forced eradication has led to conflict between farmers and eradicators in the past, with nearly 200 eradicators killed in attacks from unhappy peasants or guerrillas of the FARC, which has taxed and protected coca cultivation in areas under its control.

When Santos arrived in Havana Wednesday he was sounding optimistic, both about the new approach to coca cultivation and about the prospects for peace.

"We've already started. And if we can move forward now, imagine how much we could move forward if we do away with the conflict," said Santos. "We've already talked with the FARC about joint plans for the substitution of crops. Imagine what this means. That the FARC, instead of defending illicit crops and the entire drug trafficking chain, will help the state in their eradication. As the slogan says, with peace we will do more," Santos said.

This Week's Corrupt Cops Stories

A strange tale out of Kentucky, and two New York cops get slapped on the wrist for their misdeeds. Let's get to it:

In Louisville, Kentucky, a Bullitt County sheriff's special deputy was indicted last Friday on charges he was a major drug trafficker and threatened to kill Kentucky narcotics officers. Special Deputy Chris Mattingly has been charged with conspiracy to distribute over a ton of marijuana. He went down after he surfaced on a wiretap of a drug cartel member in Riverside, California, and since then, police working with information developed from there have made repeated seizures of hundreds or tens of thousands of dollars in cash from vehicles associated with Mattingly.

In Troy, New York, a former Troy police officer was sentenced last Thursday to probation for telling a drug dealer he was being targeted in a raid. Brian Gross, 33, a member of the Community Narcotics Enforcement Team, admitted to disclosing information contained in a wiretap warrant. He told a female friend the narcs were investigating her brother and planned to raid his home. The targeted dealer apparently spread the word, because police hit five houses that day as part of a drug investigation and came up empty-handed.

In White Plains, New York, a former Yonkers narcotics detective was sentenced last Thursday to spend eight weekends in jail for lying to get a search warrant for a drug raid in which a man fell to his death. Christian Koch had pleaded guilty to perjury charges along with his partner, former officer Neil Vera, who got six months of weekends in jail.

Chronicle AM: CA Cops Raid Indian Reservation Grow, Colombia Announces New Drug Strategy, More (9/23/15)

The era of aerial herbicide spraying of Colombia's coca crops is at an end, California cops raid an Indian reservation marijuana operation, medical marijuana bills are moving in Michigan, and more.

no more spraying Roundup on Colombia's coca fields (wikipedia.org)
Marijuana Policy

Massachusetts High Court Bans Traffic Stops Solely for Suspected Marijuana. The state Supreme Judicial Court ruled Tuesday that police can't stop motorists simply because they suspect the vehicle's occupants may possess pot. The state decriminalized possession of up to an ounce in 2008, and the court based its ruling on that. "Permitting police to stop a vehicle based on reasonable suspicion that an occupant possesses marijuana does not serve [the] objectives" of the decriminalization law, Justice Margot Botsford wrote for the majority. The case is Commonwealth v. Rodriguez.

Medical Marijuana

California Indian Reservation "Megagrow" Raided by Mendocino County. Mendocino County sheriff's deputies Tuesday raided a commercial marijuana cultivation operation on the Pinoleville Pomo Nation reservation in Ukiah, cutting down about 400 plants, seizing about 100 pounds of trimmed buds, and an undetermined quantity of cannabis oil. The county maintains the operation is illegal under the state's medical marijuana laws.

Michigan House Panel Advances Medical Marijuana Bills. The House Judiciary Committee Tuesday passed a package of bills aimed at legalizing dispensaries and edible forms of medical marijuana. The bills have tighter rules than similar measures that failed last year, and some patient advocates are grumbling. Seed-to-sale tracking is one new addition; an 8% excise tax is another. Now it will be up to the legislature's GOP leadership to advance the bills or not.

New Jersey Will Get a Fourth Dispensary. The state Department of Health has issued a permit for Compassionate Sciences in Bellmawr. It will becomes the state's fourth dispensary when it opens next month.

Pennsylvania Patients, Parents Demand Action on Medical Marijuana Bill. Supporters of delayed medical marijuana legislation rallied at the state capitol Tuesday to urge solons to act on a pending bill. A bill passed the state Senate in May, and House leaders earlier this summer created a group to draft a version that would pass in the GOP-led chamber. Protestors urged House leaders to just hold a vote on the Senate-passed bill.


Colombia Shifts on Drug Policy; No More Aerial Eradication. President Juan Manuel Santos Tuesday unveiled a new drug strategy for Colombia that will emphasize alternative development, with forced manual eradication of coca crops to be used as a last resort. There will be no more US-backed aerial spraying of crops with herbicides.

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