Drug War Chronicle

comprehensive coverage of the War on Drugs since 1997

Chronicle AM -- March 11, 2014

The District of Columbia could legalize marijuana at the ballot box this year, Dr. Sanjay Gupta doubles down on his support for medical marijuana with a new CNN special tonight, the UN Commission on Narcotic Drugs meeting this week in Vienna is attracting a lot of attention, and more. Let's get to it:

CNN's Dr. Sanjay Gupta "doubles down" on his support for medical marijuana. (via Share Bear on Wikimedia)
Marijuana Policy

DC Legalization Initiative Cleared for Signature-Gathering. The District of Columbia Board of Elections announced this morning that it had approved a marijuana legalization initiative for signature-gathering. That means voters in the nation's capital could vote to free the weed in November. Now, the DC Cannabis Campaign must gather some 25,000 signatures to qualify for the November ballot. But first, the Board of Elections must finalize the language for the measure. It has 20 days to do so.

Colorado Takes in $2 Million in Marijuana Taxes in First Month of Legalization. The state of Colorado collected $2.01 million in retail marijuana sales and excise taxes in January, the first month of legal sales, the Department of Revenue reported Monday.

Missouri Legalization Bill Gets Committee Hearing. A bill to legalize marijuana in the Show-Me State got a hearing in the House Crime Prevention and Public Safety Committee Monday. House Bill 1659, sponsored by Rep. Chris Kelly (D-Columbia), got a mixed reception in the hearing, with GOP lawmakers expressing skepticism. The committee took no vote and offered no timetable for further action.

Louisiana Marijuana Reform Advocates Rally on Capitol Steps in Baton Rouge. Although there is no legalization bill filed in Louisiana, legalization advocates rallied at the state capitol Monday to get their voices heard. The event was organized by Legalize Louisiana, which seeks to "decriminalize, legalize, and regulate marijuana" in the Bayou State. Although there is no legalization bill this year, there are bills to decriminalize and to allow for medical marijuana.

Legalization Would Be a "Terrible Mistake," Says NYPD Commissioner. NYPD Commissioner Bill Bratton said Tuesday it would be a 'terrible mistake' to legalize marijuana and predicted problems for states that go that course. But he did say he supported medical marijuana.

Medical Marijuana

Dr. Sanjay Gupta Doubles Down for Medical Marijuana; Special Airs Tonight. CNN's Dr. Sanjay Gupta, who first saw the light on medical marijuana a few months ago, has reiterated his support for the herb's medicinal uses and will air a new special on the topic, Weed 2: Cannabis Madness: Dr. Sanjay Gupta Reports," at 10 p.m. ET on tonight.

In New Crackdown, Los Angeles Shutters A Hundred Dispensaries. More than 100 dispensaries have shut down since Los Angeles started enforcing new rules restricting them, City Atty. Mike Feuer announced Monday. In addition to the rules prompting scores of closures, Feuer said city lawyers had successfully fended off a host of legal challenges. In one closely watched case, they prevented a dispensary from opening in Mar Vista, securing a permanent injunction before it could set up shop.

Minnesota Medical Marijuana Bill Stalled By Cops. A key lawmaker said Tuesday she doesn't see a path forward for legalizing medical marijuana after talks with law enforcement hit a standstill. Rep. Carly Melin (DFL-Hibbing) said she had conceded to virtually all demands from law enforcement over the weekend but was still unable to get their support for her bill, House File 1818. Melin said she had no choice but to postpone a House committee hearing that would have been lawmakers' second look at the issue. "Law enforcement won't support any bill that would result in helping any patients," Melin said in an interview with The Associated Press. "The governor has to get involved."

Drug Testing

Georgia Food Stamp Drug Test Bill Passes Senate Committee. A bill that would require food stamp recipients suspected of drug use to pass a drug test to receive benefits narrowly passed out of the Senate Health and Human Services Committee Monday. House Bill 772, sponsored by Rep. Greg Morris (R-Vidalia) has already passed the House. It's not clear if it now goes to another committee or to a Senate floor vote.

Prescription Opioids

West Virginia Senator Manchin Joins Call to Overturn FDA Approval of Zohydro. US Sen. Joe Manchin (D-WV) has joined the call for the FDA to overturn its recent approval of Zohydro, a single-ingredient hydrocodone drug approved for people suffering from chronic pain. It is the first ever single-ingredient drug to be approved by the FDA. Manchion joins Sen. Charles Schumer (D-NY) and a number of legislators, prosecutors, and medical groups seeking to reverse the decision. But the FDA and the drug's manufacturer say the drug is needed to treat chronic pain.

Drug Use

RAND Corporation Report Reviews Past Decade's Drug Use. A new report from the RAND Corporation, What America's Drug Users Spend on Illegal Drugs: 2000-2010, pegs spending on illicit drugs at $100 billion a year. It also notes that from 2000 to 2010, the amount people spent on cocaine dropped by half from $55 billion to $28 billion, reflecting dramatic decreases in the availability of cocaine after 2006: from approximately 300 pure metric tons in 2000 to about 150 pure metric tons in 2010.

International

UN Drugs Meeting Opens after Historic Reforms Shatter Consensus on Drug Control System. The UN Commission on Narcotic Drugs (CND) opens its annual meeting this week after a year of historic reforms. This year’s meeting—which is taking place Vienna from March 13-21—is expected to be unusually contentious after a monumental 2013-2014. Unprecedented reforms have shaken the foundations of global drugs policy and set the stage for an explosive international debate. For live updates, check out the CND Blog.

Report Finds UN Stuck in Denial Over Marijuana Regulation. A new report from the Transnational Institute and the Global Drug Policy Observatory has been released in the run-up to the UN Commission on Narcotic Drugs meeting this week. The report, The Rise and Decline of Cannabis Prohibition: the History of Cannabis in the UN drug control system and options for reform, unveils the long and little-known history of cannabis regulation from the late 19th century when it was widely used for medical, ceremonial and social purposes to the post-WWII period when US pressure and a potent mix of moralistic rhetoric and unreliable scientific data succeeded in categorising cannabis as a drug with 'particularly dangerous properties' on a par with heroin in the 1961 Single Convention on Narcotic Drugs. It also brings the history up-to-date with more recent developments as an increasing number of countries have shown discomfort with the treaty regime's strictures through 'soft defections', such as turning a blind eye, decriminalization, coffee shops, cannabis social clubs and generous medical marijuana schemes. These have stretched the legal flexibility of the conventions to sometimes questionable limits. The report outlines specific options for reform and assesses their potential for success. These options include: WHO review and modification of cannabis scheduling; state parties amending the treaties; modifying the conventions 'inter se', e.g. between specific states only; or denunciation of the treaty and re-accession with a reservation (carried out recently by Bolivia in order to defend indigenous rights and the use of coca leaf in its natural form).

ENCOD Calls for UN to End the Drug War. The European Coalition for Just and Effective Drug Policies (ENCOD) will use the UN Commission on Narcotic Drugs this week to call on the UN to end the war on drugs. A delegation of five Encod members will join the debate inside the UN: Urki Goñi, chairman of Cannabis Social Club Urjogaberdea in the Basque Country, Spain, Doug Fine, author of 'Hemp Bound' and 'Too High To Fail: Cannabis & the New Green Economic Revolution', Dionisio Nuñez, Bolivian ex-minister of coca affairs, Janko Belin, Encod chairman and Joep Oomen, Encod coordinator. On Friday March 14 one of them will deliver a speech to the plenary meeting. ENCOD will also be reporting nightly from the sessions later this week on the ENCOD web site.

Legalization Won't Solve World's Drug Problem, UN Drug Chief Says.Yuri Fedotov, head of the UN Office on Drugs and Crime, told reporters Monday that while it is up to member states to decide "what needs to be done," legalization ain't it. "As the head of UNODC, I have to say that legalization is not a solution to the (world's) drug problem," Fedotov said. "It is very hard to say that this law (adopted by Uruguay's parliament) is fully in line with legal provisions of the drug control conventions," he added.

UN Drug Chief Praises Iran Drug Fight Despite Executions. Yuri Fedotov, head of the UN Office on Drugs and Crime, said Monday that Iran's anti-drug efforts were "very impressive" and that Iran "takes a very active role to fight against illicit drugs" even though human rights and harm reduction groups have criticized its frequent resort to the death penalty for drug offenders. Still, he added that UNODC opposes the death penalty and that he planned to raise the issue with Iranian leaders during the UN Commission on Narcotic Drugs meeting in Vienna this week.

DC Marijuana Legalization Initiative Approved for Signature-Gathering

The District of Columbia Board of Elections announced this morning that it had approved a marijuana legalization initiative for signature-gathering. That means voters in the nation's capital could vote to free the weed in November.

The Board rejected warnings from the city's attorney general, who said that the initiative would put DC in conflict with federal law if it passed.

Now, the DC Cannabis Campaign must gather some 25,000 signatures to qualify for the November ballot. But first, the Board of Elections must finalize the language for the measure. It has 20 days to do so.

The initiative would allow people 21 and over to possess up to two ounces of marijuana and grow up to three plants at home. If approved by the voters, it would still have to get an okay from Congress, which blocked the District's 1999 medical marijuana from being implemented for more than a decade. But that was a different era.

The initiative appears well-placed to win if it goes before the voters. A Washington Post poll in January had support for legalization at 63%, above the 60% comfort margin usually desired by initiative watchers at the beginning of a campaign.

Alaska voters are already set to vote on a legalization initiative there in August, and efforts are underway in the other most likely 2014 initiative state, Oregon, to get a measure on the November ballot there.

Washington , DC
United States

Responding to Holder on Heroin, Reformers Call for a Health Direction [FEATURE]

US Attorney General Eric Holder had heroin on his mind Monday, using his weekly video message and an accompanying press release to draw attention to rising heroin overdose deaths and vowing to combat the problem with a combination of law enforcement, treatment, prevention, and harm reduction measures. Drug reformers generally responded positively, but called on the Obama administration to seek comprehensive, science- and health-based solutions instead of engaging in more drug war.

Attorney General Holder takes on heroin (usdoj.gov)
"Addiction to heroin and other opiates -- including certain prescription pain-killers -- is impacting the lives of Americans in every state, in every region, and from every background and walk of life -- and all too often, with deadly results. Between 2006 and 2010, heroin overdose deaths increased by 45%," Holder said. "Scientific studies, federal, state and local investigations, addiction treatment providers, and victims reveal that the cycle of heroin abuse commonly begins with prescription opiate abuse. The transition to -- and increase in -- heroin abuse is a sad but not unpredictable symptom of the significant increase in prescription drug abuse we've seen over the past decade."

What Holder didn't mention is that the rise in prescription pain pill misuse is tied to a massive increase in prescribing opioids for pain in the past decade. A study published last fall found that between 2000 and 2010, the amount of opioids prescribed for non-cancer pain had nearly doubled, and that during the same period, the percentage of people complaining of pain who received prescriptions for opioids jumped from 11% to nearly 20%. But reining in prescriptions generally isn't the answer either.

But at the same time, a 2011 Institute of Medicine report found that while "opioid prescriptions for chronic non-cancer pain [in the US] have increased sharply… 29% of primary care physicians and 16% of pain specialists report they prescribe opioids less often than they think appropriate because of concerns about regulatory repercussions."

As the IOM report noted, having more opioid prescriptions doesn't necessarily mean that "patients who really need opioids [are] able to get them." Opioid misuse and under-use of opioids for pain treatment when they are needed are problems that coexist in society. Pain pill crackdowns have also been found to result in increased use of street heroin, as a Washington Post article last week reports -- two additional reasons advocates prefer public health approaches to heroin more than law enforcement -- and why great care should be taken with the law enforcement measures.

"It's clear that opiate addiction is an urgent -- and growing -- public health crisis. And that's why Justice Department officials, including the DEA, and other key federal, state, and local leaders, are fighting back aggressively," Holder continued. "Confronting this crisis will require a combination of enforcement and treatment. The Justice Department is committed to both."

Holder pointed to DEA efforts to prevent diversion of pharmaceutical pain-relievers to non-medical users, mentioning investigations of doctors, pharmacists, and distributors.

"With DEA as our lead agency, we have adopted a strategy to attack all levels of the supply chain to prevent pharmaceutical controlled substances from getting into the hands of non-medical users," Holder said.

Cooking heroin (wikimedia.org)
Holder also pointed out that DEA had opened some 4,500 heroin investigations since 2011 and promising more to come.

But, as Holder noted, "enforcement alone won't solve the problem," so the administration is working with civil society and law enforcement "to increase our support for education, prevention, and treatment."

And although he didn't use the words "harm reduction," Holder is also calling for some harm reduction measures. He urged law enforcement and medical first responders to carry the overdose reversal drug naloxone (Narcan) and signaled support for "911 Good Samaritan" laws, which grant immunity from criminal prosecution to those seeking medical help for someone experiencing an overdose.

Holder got restrained plaudits from drug reformers for his small steps toward harm reduction measures, but they called for a more comprehensive approach.

"Preventing fatal overdose requires a comprehensive solution," said Meghan Ralston, harm reduction manager for the Drug Policy Alliance. "While naloxone is an absolutely critical component, we need a scientific, health-based approach to truly address the roots of the problem. This includes improving access to effective, non-coercive drug treatment for everyone who wants it, as well as improving access to medication-assisted treatments such as methadone and buprenorphine."

Naloxone (Narcan) can reverse opiate overdoses (wikimedia.org)
Ralston also added that just making naloxone available to cops and EMTs wasn't good enough. Friends and family members, not "first responders," are most often the people who encounter others in the throes of life-threatening overdoses.

"While we applaud Attorney General Holder's clear support for expanding access to naloxone, particularly among law enforcement and 'first responders,' we urge him to clarify that he supports naloxone access for anyone who may be the first person to discover an opiate overdose in progress," she said.

But Law Enforcement Against Prohibition (LEAP), a group of law enforcement officials opposed to the war on drugs, applauded the move, which could help soften reflexive law enforcement opposition to carrying the overdose antidote, an attitude reflected in the the International Association of Chiefs of Police's opposition to all harm reduction measures.

"Police may not be the first to embrace change, but we are slowly evolving," said Lieutenant Commander Diane Goldstein (Ret.). "We cannot arrest our way out of a public health problem, and it's clear that the Attorney General is beginning to understand that and to embrace the role of harm reduction in reducing death, disease and addiction in our communities. We still have a long way to go, but this is a good sign."

The idea is "a no-brainer," according to executive director Major Neill Franklin (Ret.). "It is simply immoral not to support something proven to save lives for political reasons," Franklin added. "Yes, police send a message when they choose not to carry naloxone. But that message is not 'don't do drugs,' it's 'if you make the wrong decisions in your life, we don't care about you.' That offends me both as a former cop and as a human being."

The nuanced pushback to Holder's law enforcement/prevention/treatment/hint of harm reduction approach is good as far as it goes, but it doesn't go far enough. Decriminalizing and destigmatizing now illicit drug use, as has been the case in Portugal, is an obvious next step, and removing the question of drugs from the purview of the criminal justice system altogether would be even better. Still, that a sitting attorney general is calling for treatment and harm reduction as well as law enforcement is a good thing, and for reformers to be calling him on not going far enough is a good thing, too.

Chronicle AM -- March 10, 2014

California's Democrats endorse marijuana legalization, Caricom gets ready to talk marijuana, Attorney General Holder calls for expanded access to naloxone to prevent overdose deaths, legislatures in the Pacific Northwest make moves on medical marijuana, and more. Let's get to it:

Caribbean leaders are discussing ganja this week. (wikimedia.org)
Marijuana Policy

Rep. Jared Polis Introduces Federal Marijuana Impaired Driving Bill. Rep. Jared Polis (D-CO), a supporter of marijuana legalization, has introduced the Limiting Unsafe Cannabis-Impaired Driving (LUCID) Act, which would expand the federal definition of an impaired driver to include those impaired by marijuana use. The bill is not yet available online, and the devil is in the details. Stay tuned.

California Democratic Party Endorses Legalization. The California Democratic Party voted Sunday to include in its platform a plank "to support the legalization, regulation and taxation of pot in a manner similar to that of tobacco or alcohol."

Support for Legalization at CPAC. Attendees at the Conservative Political Action Conference in Washington included many supporters of marijuana legalization, according to both a Huffington Post informal survey and a CPAC straw poll, which had 62% saying legalize it.

Medical Marijuana

New Jersey Program Won't Consider Adding New Conditions Until 2015. A Health Department spokesperson said late last week that the state's medical marijuana program will not consider expanding the list of conditions covered under state law until next year. That would appear to contradict the law, which required the health department to consider adding new diseases requested by the public after it submitted two annual reports, beginning in 2011, charting the program's progress. It also required the health department to produce a biennial report in 2012 and every two years after assessing whether there were enough growers to meet demand. But the Chris Christie administration didn't issue any reports at all until late last month, and now says it is too soon to add more illnesses.

Washington Senate Votes to Regulate Medical Marijuana. Legislation that would essentially fold the state's existing medical marijuana program into the I-502 legalization framework passed the Senate Saturday. Senate Bill 5887 would require dispensaries to be licensed under the legalization format. Patients could get their medicine there or grow their own, and they could voluntarily register with the state to get a partial tax break and buy greater quantities than allowed under general legalization. The measure now goes to the House, which has already passed a bill that requires mandatory patient registration. The session ends this week.

New York Assembly Democrats Roll Medical Marijuana Bill into Budget Proposal. In a bid to finally get medical marijuana through the legislature, Assembly Democrats have folded a bill to do that into this week's budget proposal. The bill resembles the Compassionate Care Act introduced by Assemblyman Dick Gottfried (D-Manhattan), but is not identical to it.

Harm Reduction

Holder Calls Heroin ODs "Urgent Public Health Crisis," Calls for Expanded Naloxone Access. US Attorney General Eric Holder Monday said the Justice Department was stepping up efforts to slow the increase in heroin overdose deaths. As part of that effort, he reiterated the administration's call for more law enforcement agencies to be equipped with the opiate overdose reversal drug naloxone (Narcan).

Methamphetamine

Pseudoephedrine Restriction Bill Introduced in Missouri House. Reps. Stanley Cox (R-118) and Kenneth Wilson (R-12) have filed a bill that lowers limits on the amount of pseudoephedrine-based medicines that people can purchase each month, sets an annual limit on purchase amounts, lowers the amount people can legally possess, and requires a prescription for anyone with a felony drug offense. House Bill 1787 is similar to legislation filed earlier this year in the Senate. That bill, Senate Bill 625, is currently before the Senate Judiciary Committee.

International

LEAP Proposes Amendment to UN Drug Treaties. Law Enforcement Against Prohibition (LEAP) has proposed an amendment to the UN drug treaties, the legal backbone of global drug prohibition. The amendment seeks to "eliminate the criminalization-oriented drug policy paradigm and replace it with a health, harm reduction, and human rights-oriented policy." The proposed amendment is accompanied by a letter to world leaders from LEAP executive director Neill Franklin. Read the amendment by clicking on the title link and sign onto it at the MoveOn.org link here.

Caricom Leaders to Debate Marijuana Legalization This Week. Leaders of the Caribbean Community (Caricom) trade bloc will discuss a preliminary report on decriminalizing marijuana and exploring its medicinal uses at a two-day summit beginning today on the Caribbean island of St. Vincent. The summit comes on the heels of a research report released last week by Caricom researchers that found such moves could help the region's sluggish economy.

Mexico Kills La Familia Cartel Leader -- Again. Mexican authorities are reporting that that they killed Nazario "El Mas Loco" (The Craziest One) Moreno in a shootout in Michoacan Sunday. The funny thing is that Moreno, one time leader of the La Familia Cartel, was also reported killed by authorities in December 2010. But his body was never found, and now government spokesmen say he was still alive and was acting as head of La Familia's replacement, the Knights Templar Cartel.

"The New Jim Crow" Author Michelle Alexander Talks Race and Drug War [FEATURE]

On Thursday, Michelle Alexander, author of the best-selling and galvanizing The New Jim Crow: Mass Incarceration in the Age of Colorblindness sat down with poet/activist Asha Bandele of the Drug Policy Alliance to discuss the book's impact and where we go from here.

Michelle Alexander (wikimedia.org)
The New Jim Crow has been a phenomenon. Spending nearly 80 weeks on The New York Times bestseller list, it brought to the forefront a national conversation about why the United States had become the world's largest incarcerator, with 2.2 million in prison or jail and 7.7 million under control of the criminal justice system, and African American boys and men -- and now women -- making up a disproportionate number of those imprisoned. Alexander identified failed drug war policies as the primary driver of those numbers, and called for a greater challenge to them by key civil rights leaders.

It's now been nearly four years since The New Jim Crow first appeared. Some things have changed -- federal sentencing reforms, marijuana legalization in two states -- but many others haven't. Alexander and Bandele discuss what has changed, what hasn't, and what needs to, raising serious questions about the path we've been down and providing suggestions about new directions.

Audio of the conversation is online here, and a transcript follows here:

Asha Bandele: The US has 5% of the world's population, but has 25% of the world's incarcerated population, and the biggest policy cause is the failed drug war. How has the landscape changed in the last four years since The New Jim Crow came out?

Michelle Alexander: The landscape absolutely has changed in profound ways. When writing this book, I was feeling incredibly frustrated by the failure of many civil rights organizations and leaders to make the war on drugs a critical priority in their organization and also by the failure of many of my progressive friends and allies to awaken to the magnitude of the harm caused by the war on drugs and mass incarceration. At the same time, not so long ago, I didn't understand the horror of the drug war myself, I failed to connect the dots and understand the ways these systems of racial and social control are born and reborn.

But over last few years, I couldn't be more pleased with reception. Many people warned me that civil rights organizations could be defensive or angered by criticisms in the book, but they've done nothing but respond with enthusiasm and some real self-reflection.

There is absolutely an awakening taking place. It's important to understand that this didn't start with my book -- Angela Davis coined the term "prison industrial complex" years ago; Mumia Abu-Jamal was writing from prison about mass incarceration and our racialized prison state. Many, many advocates have been doing this work and connecting the dots for far longer than I have. I wanted to lend more credibility and support for the work that so many have been doing for some, but that has been marginalized.

I am optimistic, but at the same time, I see real reasons for concern. There are important victories in legalizing marijuana in Colorado and Washington, in Holder speaking out against mandatory minimums and felon disenfranchisement, in politicians across the country raising concerns about the size of the prison state for the first time in 40 years, but much of the dialog is still driven by fiscal concerns rather than genuine concern for the people and communities most impacted, the families destroyed. We haven't yet really had the kind of conversation we must have as a nation if we are going to do more than tinker with the machine and break our habit of creating mass incarceration in America.

Asha Bandele: Obama has his My Brother's Keeper initiative directed at black boys falling behind. A lot of this is driven by having families and communities disrupted by the drug war. Obama nodded at the structural racism that dismembers communities, but he said it was a moral failing. He's addressed race the least of any modern American president. Your thoughts?

Michelle Alexander: I'm glad that Obama is shining a spotlight on the real crisis facing black communities today, in particular black boys and young men, and he's right to draw attention to it and elevate it, but I worry that the initiative is based more in rhetoric than in a meaningful commitment to addressing the structures and institutions that have created these conditions in our communities. There is a commitment to studying the problem and identifying programs that work to keep black kids in school and out of jail, and there is an aspect that seeks to engage foundations and corporations, but there is nothing in the initiative that offers any kind of policy change from the government or any government funding of any kind to support these desperately needed programs.

There is an implicit assumption that we just need to find what works to lift people up by their bootstraps, without acknowledging that we're waging a war on these communities we claim to be so concerned about. The initiative itself reflects this common narrative that suggests the reasons why there are so many poor people of color trapped at the bottom -- bad schools, poverty, broken homes. And if we encourage people to stay in school and get and stay married, then the whole problem of mass incarceration will no longer be of any real concern.

But I've come to believe we have it backwards. These communities are poor and have failing schools and broken homes not because of their personal failings, but because we've declared war on them, spent billions building prisons while allowing schools to fail, targeted children in these communities, stopping, searching, frisking them -- and the first arrest is typically for some nonviolent minor drug offense, which occurs with equal frequency in middle class white neighborhoods but typically goes ignored. We saddle them with criminal records, jail them, then release them to a parallel universe where they are discriminated against for the rest of their lives, locked into permanent second-class status.

We've done this in the communities most in need our support and economic investment. Rather than providing meaningful support to these families and communities where the jobs have gone overseas and they are struggling to move from an industrial-based economy to a global one, we have declared war on them. We have stood back and said "What is wrong with them?" The more pressing question is "What is wrong with us?"

Asha Bandele: During the Great Depression, FDR had the New Deal, but now it seem like there is no social commitment at the highest levels of government. And we see things like Eric Holder and Rand Paul standing together to end mandatory minimums. Is this an unholy alliance?

Michelle Alexander: We have to be very clear that so much of the progress being made on drug policy reflects the fact that we are at a time when politicians are highly motivated to downsize prisons because we can't afford the massive prison state without raising taxes on the predominantly white middle class. This is the first time in 40 years we've been willing to have a serious conversation about prison downsizing.

But I'm deeply concerned about us doing the right things for the wrong reasons. This movement to end mass incarceration and the war on drugs is about breaking the habit of forming caste-like systems and creating a new ethic of care and concern for each of us, this idea that each of us has basic human rights. That is the ultimate goal of this movement. The real issue that lies at the core of every caste system ever created is the devaluing of human beings.

If we're going to do this just to save some cash, we haven't woken up to the magnitude of the harm. If we are not willing to have a searching conversation about how we got to this place, how we are able to lock up millions of people, we will find ourselves either still having a slightly downsized mass incarceration system or some new system of racial control because we will have not learned the core lesson our racial history is trying to teach us. We have to learn to care for them, the Other, the ghetto dwellers we demonize.

Temporary, fleeting political alliances with politicians who may have no real interest in communities of color is problematic. We need to stay focused on doing the right things for the right reasons, and not count as victories battles won when the real lessons have not been learned.

Asha Bandele: Portugal decriminalized all drugs and drug use has remained flat, overdoses been cut by a third, HIV cut by two-thirds. What can we learn from taking a public health approach and its fundamental rejection of stigma?

Michelle Alexander: Portugal is an excellent example of how it is possible to reduce addiction and abuse and drug related crime in a non-punitive manner without filling prisons and jails. Supposedly, we criminalize drugs because we are so concerned about the harm they cause people, but we wind up inflicting far more pain and suffering than the substances themselves. What are we doing really when we criminalize drugs is not criminalizing substances, but people.

I support a wholesale shift to a public health model for dealing with drug addiction and abuse. How would we treat people abusing if we really cared about them? Would we put them in a cage, saddle them with criminal records that will force them into legal discrimination the rest of their lives? I support the decriminalization of all drugs for personal use. If you possess a substance, we should help you get education and support, not demonize, shame, and punish you for the rest of your life.

I'm thrilled that Colorado and Washington have legalized marijuana and DC has decriminalized it -- these are critically important steps in shifting from a purely punitive approach. But there are warning flags. I flick on the news, and I see images of people using marijuana and trying to run legitimate businesses, and they're almost all white. When we thought of them as black or brown, we had a purely punitive approach. Also, it seems like its exclusively white men being interviewed as wanting to start marijuana businesses and make a lot of money selling marijuana.

I have to say the image doesn't sit right. Here are white men poised to run big marijuana businesses after 40 years of impoverished black kids getting prison time for doing the same thing. As we talk about legalization, we have to also be willing to talk about reparations for the war on drugs, as in how do we repair the harm caused.

With regard to Iraq, Colin Powell said "If you break it, you own it," but we haven't learned that basic lesson from our own racial history. We set the slaves free with nothing, and after Reconstruction, a new caste system arose, Jim Crow. A movement arose and we stopped Jim Crow, but we got no reparations after the waging of a brutal war on poor communities of color that decimated families and fanned the violence it was supposed to address.

Do we simply say "We're done now, let's move on" and white men can make money? This time, we have to get it right; we have to tell the whole truth, we have to repair the harm done. It's not enough to just stop. Enormous harm had been done; we have to repair those communities.

Suspect Killed, Four SWAT Officers Wounded in Indianapolis Drug Raid Shootout

A drug suspect was killed and four SWAT officers were wounded Wednesday night when police in Indianapolis raided a Near Eastside home on a drug warrant. Andrew Sizemore, 27, becomes the 10th person to die in US domestic drug law enforcement operations so far this year.

http://stopthedrugwar.org/files/andrew-sizemore-200px.jpg
Andrew Sizemore (IMPD)
According to The Indianapolis Star, citing police sources, SWAT officers were serving a search warrant on a suspected drug operation when they were met by gunfire. Police shot back, killing Sizemore.

None of the injured officers were seriously wounded, and three had been released from the hospital by early Thursday.

Police said they seized heroin, 13 guns, and $120,000 in cash inside the house. Five people inside the house were arrested. Three were arrested for "visiting a common nuisance," while one was arrested on drug dealing charges and another was detained with no charges specified. Police also confiscated four vehicles.

The house was protected by surveillance cameras, which could have alerted occupants to the raiders' presence.

"That put our officers at a disadvantage, but they overcame it," said Indianapolis Public Safety Director Troy Riggs said, adding that the shootout could be a harbinger of things to come as police go after criminals. "None of us want these things to happen," Riggs said, "but at the end of the day with the the aggressiveness with which your police department is going after those who are committing criminal acts, this is always a possibility."

In a follow-up story, The Star reported that as word of Sizemore's death spread Thursday, friends and family members created a small shrine in his honor, leaving stuffed animals, flowers, a can of energy drink, a snack cake, and a candle. One sign on the shrine said: "RIP, Drew. We Love and Miss You." Another read: "There was no reason for him to die."

Sizemore had no criminal record except for an arrest for trespassing when he was 19.

The Star also reported that some neighborhood residents "were leery to comment" and "some were even hostile to reporters seeking information about the neighborhood and the people who lived in the house."

Indianapolis, IN
United States

Chronicle AM -- March 7, 2014

Oregon's medical marijuana dispensary regulation bill has passed the legislature with only temporary local bans allowed, more CBD medical marijuana bills are moving, an Indiana hemp bill has passed the legislature, and more. Let's get to it:

Yours truly with Peruvian coca farmer. The government wants to eradicate his crop. (Phil Smith/stopthedrugwar.org)
Marijuana Policy

Colorado Cops Want Marijuana Tax Dollars Because…. Colorado police chiefs have written a letter to Gov. John Hickenlooper (D) asking for a bigger cut of marijuana tax revenues. "Many of our local law enforcement agencies have diverted staff from other operations into marijuana enforcement, leaving gaps in other service areas as a direct result of marijuana legalization," according to the letter from the Colorado Association of Chiefs of Police. They claim they need more money to learn how to spot stoned drivers, to pay for "oral fluid testing" at DUI stops, and to create a database of marijuana-related crime.

Maryland Senate Committee Approves Decriminalization Bill. The Senate Judicial Proceedings Committee approved a decriminalization bill on a 8-3 vote Friday. Senate Bill 364, cosponsored by Sen. Bobby Zirkin (D-Baltimore) and Sen. Allan Kittleman (R-Howard), would replace criminal penalties for possession of up to 10 grams of marijuana with a $100 fine, similar to a parking ticket. It would also make penalties for minors the same as those for underage possession of alcohol. Under current Maryland law, possession of small amounts of marijuana is a misdemeanor punishable by up to 90 days in jail and a fine of up to $500. The bill now heads for a Senate floor vote.

Puerto Rico Decriminalization, Medical Marijuana Approval Looming. Bills that would decriminalize small-time pot possession (Senate Bill 517) and allow for medical marijuana (House Bill 1362) in Puerto Rico are due for debate soon and are expected to pass. The decrim bill has already passed the Senate.

Medical Marijuana

New Hampshire Home Grow Bill Passes House. The House Friday approved a bill that would allow patients to grow their medicine while waiting for the state to develop regulations for dispensaries and commercial medical marijuana cultivation. House Bill 1622 now heads for the state Senate.

Michigan Medical Marihuana Review Panel Recommends PTSD as Qualifying Condition. The Michigan Medical Marihuana Review Panel appointed by the Department of Licensing and Regulatory Affairs has decided to recommend that the department add PTSD to the list of qualifying conditions for medical marijuana. It is now up to Steve Arwood, Director of the Department of Licensing and Regulatory Affairs, to accept or reject the recommendation. If he does, Michigan will become the 8th state to allow marijuana for the treatment of PTSD.

South Carolina CBD Medical Marijuana Bill Passes House Panel. A bill that would allow for the use of high-CBD cannabis oil for epileptic seizures passed a House subcommittee Thursday. House Bill 4803, sponsored by Rep. Jenny Horne (R-Summerville), calls for clinical trials of a CBD-based drug, but very few can participate in such trials, Hilton said. While the bill would also allow doctors to prescribe CBD oil pharmaceuticals, it's unclear whether all doctors would be able to do so.

Alabama CBD Medical Marijuana Bill Stalls in Senate. A bill that would allow for the use of high-CBD cannabis oil for treatment of seizure disorders hit a roadblock as the Senate adjourned Thursday before taking it up. Senate Bill 174 could still get a hearing next week, though.

California Dispensary Limits Bill Gets Hearing Next Week. A bill that would expand the minimum distance of dispensaries or collectives from schools to 1,000 feet (up from 600 feet under current law) is set for a hearing next week. Assembly Bill 1588 will go before the Assembly Public Safety Committee Wednesday. It is opposed by Cal NORML.

Oregon Dispensary Regulation Bill Passes With Only Temporary Local Bans Allowed. The Oregon Senate Friday gave final approval to a statewide dispensary regulation bill after the House approved compromise language that would allow localities to issue moratoria on dispensaries, but only for a year while they figure out how to regulate them. Senate Bill 1531 now heads to the governor's desk.

Hemp

Indiana Hemp Bill Goes to Governor. A bill that would license Indiana farmers to grow hemp has been approved by the legislature. Senate Bill 357 passed the Senate unanimously last month and passed the House 93-4 earlier this week. Because it was amended in the House, the Senate needed to approve the changes. It has now done so, and the bill awaits the signature of Gov. Mike Pence (R).

Harm Reduction

Transnational Institute Releases Paper on Cocaine Harm Reduction. The Transnational Institute has released the latest paper in its Series on Legislative Reform of Drug Policies. The paper, Cocaine: Toward a Self-Regulation Model -- New Developments in Harm Reduction, argues that most cocaine users do not "escalate toward addiction," but instead self-regulate their use, and that drug treatment programs stressing the disease model of addiction should be replaced by programs that empower users and their ability to self-regulate.

Federal Overdose Prevention Bill Reintroduced. Rep. Donna Edwards (D-MD) and 18 cosponsors reintroduced the Stop Overdose Stat Act (House Resolution 4169) Friday in a bid to reduce the toll of fatal drug overdoses. It would provide federal support for overdose prevention programs run by community agencies and municipal, state and tribal governments. The bill is supported by the American Medical Association, the Trust for America's Health, the Drug Policy Alliance and the Harm Reduction Coalition.

Law Enforcement

Press Conference Monday to Promote New Jersey Bail Reform. The Assembly Judiciary Committee is set to hear a bail reform bill Monday morning, but before that happens, supporters of the legislation will hold a statehouse news conference will faith leaders. Click on the link for more details. A number of bail bills have been filed; it's not clear which one(s) will be heard.

International

Italian Government Won't Challenge Abruzzo Law Allowing Medical Marijuana. The Italian government has decided not to challenge a regional law that would permit the supply of cannabis-based prescription drugs in Abruzzo, government sources said. The decision would open the door for legal marijuana use for therapeutic purposes in the central Italian region. The case refers to a law passed this past January. The area has been on the vanguard of cannabis legislation in Italy for years.

Peru Will Spend $300 Million to Eradicate Coca Crops. Peru's government has reaffirmed its pledge to meet a coca eradication target set at 30,000 hectares by allocating US $300 million for boosting ongoing efforts to tackle drug trafficking, Peruvian Prime Minister, Rene Cornejo, said on Thursday. Cornejo's remarks came during the signing ceremony of a financing agreement with the European Union to support the country's National Anti-Drug Strategy. Peru is once again the world's largest coca and cocaine producer, after losing that title to Colombia late in the last century.

Israeli Health Ministry Approves Medical Marijuana for Epileptic Kids. The Health Ministry has decided to approve the use of medical marijuana for children suffering from extreme cases of epilepsy, but only if other drugs are ineffective or less effective. It's not clear if only high-CBD cannabis oils are approved, but the exception for epilepsy is only for kids. The ministry also added fibromyalgia to the list of approved diseases and conditions.

Chronicle AM -- March 6, 2014

Oregon's medical marijuana dispensary regulation bill has gone back to the Senate with compromise language allowing only temporary local bans, a GOP US Senate candidate there says legalize it, Chuck Schumer fights heroin, Canada's Tories look to be going soft on pot law enforcement, and more. Let's get to it:

Canadian Justice Minister Peter Mackay hints that something much like marijuana decriminalization is coming. (petermackay.ca)
Marijuana Policy

Alaska Legalization Debate Draws Hundreds. A week after the Alaska marijuana legalization initiative was officially certified for the ballot, hundreds of people streamed into the Wendy Williamson Auditorium at the University of Alaska in Anchorage for a debate on marijuana policy. In an opening speech, Ethan Nadelmann of the Drug Policy Alliance called the war on drugs "a rat hole of waste" and that marijuana prohibition was "grounded in bigotry, prejudice, and ignorance." Then a panel of five people, including Nadelmann, as well as an anti-legalization Project Sam representative, went at it. Click on the title link for more.

Another Missouri Legalization Initiative Approved for Signature-Gathering. Missouri Secretary of State Jason Kander approved a marijuana legalization initiative for signature gathering Wednesday. This is not one of the initiatives filed by Show-Me Cannabis, which had a bakers' dozen of similarly-worded initiatives approved earlier this year, but has decided to wait until 2016 for its effort. The initiative has a May 4 deadline for handing in petitions, and must obtain signatures from registered voters equal to 8% of the total votes cast in the 2012 governor's election from six of the state's eight congressional districts.

Maryland Sheriffs Rally Against Legalization. Local sheriffs attended a rally in Annapolis to voice opposition to proposed legislation to decriminalize marijuana in Maryland Wednesday. Sheriffs from the Eastern Shore and local police chiefs attended a rally sponsored by the Maryland Sheriff's Association and its supporters. The sheriffs are taking a stand against legalizing marijuana in Maryland, as lawmakers ponder a legalization bill.

Oregon GOP US Senate Candidate Endorses Legalization. Portland attorney Tim Crawley, who is seeking the Republican US Senate nomination, favors marijuana legalization. In a press release this week, he said he had "long been concerned with the tremendous waste of money and human potential the criminalization of marijuana has involved." In a subsequent interview, Crawley said he would support a legalization initiative in Oregon and if elected to the Senate, he would support removing marijuana from the controlled substances list.

Medical Marijuana

Oregon House Passes Dispensary Regulation Bill With Only Temporary Local Bans. The statewide dispensary legalization and regulation bill, Senate Bill 1531, passed out of the House on Wednesday with a provision allowing localities to ban dispensaries, but only for a year while they develop regulations for them. The Senate has already passed a version without the temporary ban language, but is expected to accept this compromise language.

Florida CBD Medical Marijuana Bill Advances with House Committee Vote. A bill that would allow the use of high-CBD cannabis oil to treat seizure disorders passed the House Criminal Justice Subcommittee Wednesday. House Bill 843 now heads for the House Judiciary Committee.

South Carolina Medical Marijuana Bill Introduced. A bill to allow patients with specified diseases and conditions to use medical marijuana with a doctor's recommendation to use and grow their own medicine or purchase it at dispensaries has been introduced. House Bill 4879, filed by Minority Leader Rep. J. Todd Rutherford (D-Columbia, has been referred to the House Judiciary Committee.

Heroin

Schumer Wants New York Heroin Database. US Sen. Charles Schumer (D-NY) called Wednesday for a standardized heroin database to fight crime and addiction related to the drug's use. "Data and information sharing drives solutions, and we're seriously lacking in that department," said Schumer. "All we know for sure is heroin is ravaging families across New York state." He called on the Office of National Drug Control Policy (ONDCP) to help set up a statewide "Drugstat" database to track heroin use patterns, hospitalizations, and overdoses, which he said could help police combat the drug.

Law Enforcement

California Informants Sue San Luis Obispo Over Rogue Narc. A civil lawsuit recently filed in federal court against the city and county of San Luis Obispo by two former confidential informants of disgraced narcotics detective Cory Pierce charges that Pierce allegedly forced the female informant to have sex with him. Pierce is currently serving a prison term for corruption. According to prosecutors in his federal trial, both informants aided Pierce in acquiring cash, oxycodone and heroin, and now allege that they were forced into indentured servitude, including being kept addicted to drugs and engaging in dangerous and illegal activities. According to prosecutors, Pierce used the informants to set up drug buys with local dealers, then later robbed them. The federal lawsuit alleges that Pierce used his position as a detective to force the woman into engaging in sex with him, including an act of oral copulation, and on another occasion, forced sexual intercourse. Click on the link for more sleazy details.

International

Canada's Tories Hint at Move Toward Ticketing Marijuana Possession Offenders. Conservative Justice Minister Peter Mackay said Wednesday that the government is seriously considering looser marijuana laws that would allow police to ticket anyone caught with small amounts of pot instead of laying charges, Justice Minister Peter MacKay said Wednesday. "We're not talking about decriminalization or legalization," MacKay said prior to the weekly Conservative caucus meeting on Parliament Hill. "The Criminal Code would still be available to police, but we would look at options that would... allow police to ticket those types of offenses." Liberal Party leader Justin Trudeau has called for legalization.

Vancouver Police Say They Won't Bother with Busting Dispensaries. All but a handful of medical marijuana dispensaries are supposed to be illegal after Canada's new medical marijuana law comes into effect April 1, but Vancouver police said Wednesday they are not going to bother them unless there are signs they are selling to people without a medical marijuana permit. "I don't think for now there is any plan to change the current drug policy that is in place to fit specifically with these changes," said Constable Brian Montague. "We don't have plans for massive raids on April 2nd."

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares 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.)

Medical Marijuana Update

CBD medical marijuana bills are moving in states that have traditionally been unreceptive to medical marijuana, New Mexico moves to increase supply, Maryland promulgates draft rules, and more. Let's get to it:

National

On Wednesday, marijuana foes urged the Justice Department not to reschedule marijuana, instead calling for more research.  Project SAM, addiction-oriented medical groupings, and anti-drug groups sent a letter Wednesday to the Justice Department urging it to resist calls to reschedule marijuana and calling instead for easier access to marijuana for researchers. The signatories have "deep concern" about the "normalization" of marijuana and about "recent statements from members of Congress diminishing the harms and dangers of marijuana use."

California

Last Wednesday, Shasta County petitioners handed in more than 13,000 signatures, double the number required to force the county's pending ban on outdoor medical marijuana gardens onto the November ballot.

Florida

On Wednesday, a CBD medical marijuana passed a House Subcommittee vote. The "Charlotte's Web" bill (House Bill 843), named after a strain believed to reduce epileptic seizures, passed a subcommittee of the House Criminal Justice Committee and now awaits a full committee vote.

Georgia

On Monday, a CBD medical marijuana bill passed the House. The bill would make CBD cannabis oil available to treat certain seizure disorders. House Bill 885 now goes to the state Senate.

Iowa

On Sunday, a poll found solid majority support for medical marijuana in the Hawkeye State. The Iowa Poll had support at 59%. But support for general legalization was only at 28%. Medical marijuana bills introduced in the legislature in recent years have gone nowhere.

Maryland

Last Thursday, the Maryland Medical Marijuana Commission released proposed draft regulations for medical marijuana programs and growers. The commission is taking comments for one more week. The program is supposed to be ready for implementation by July 1.

Michigan

On Wednesday, a bill that would bar patients from growing or smoking in rental properties unless their landlord approves passed the Senate. The bill, Senate Bill 783, sponsored by Sen. Rick Jones (R-Grand Ledge), now heads to the House.

Minnesota

On Tuesday, a medical marijuana bill was approved by a House committee. House File 1818 passed the House Health and Human Services Policy Committee and now moves to the House Government Operations Committee, but faces opposition from law enforcement, which is demanding that marijuana be available only in pill, liquid, or vapor form.

New Mexico

Last Friday, the Department of Health announced it was taking steps to increase the supply of medical marijuana. It is proposing to increase the number of marijuana plants and seedlings that licensed, nonprofit producers can have and open the application process for more producers to become licensed. There are only 23 producers in the state now, but the number of patients is on the rise. After reviewing information about patients' weekly usage and purchases, officials concluded that the program's participants need more than 11,000 pounds of marijuana yearly. The problem: Producers were reporting harvests that would provide only about 2,200 pounds.Under the proposals announced Friday, producers would be able to boost their crop from a total of 150 plants and seedlings to as many as 150 mature plants and 300 seedlings. The state would also be looking to add another 12 producers to the list.

New York

On Monday, medical marijuana supporters launched a month-long campaign to get a bill passed. Patients, families, caregivers and healthcare providers gathered Monday in Albany to launch March for Compassion, a month of activities and events held around New York to demand the State Senate to past the Compassionate Care Act (Assembly Bill 6357/Senate Bill 4406) by April 1.  The patients are living with cancer, multiple sclerosis, and other serious, debilitating medical conditions, and the families include parents of children who suffer from severe forms of epilepsy, such as Dravet's syndrome.

Oregon

On Wednesday, legislators were still struggling to find compromise on the bill to regulate dispensaries statewide. Legislators trying to get the statewide dispensary regulation bill, House Bill 1531, through the House have floated the idea of allowing localities to enact temporary moratoria of up to a year in a bid to win over cities and counties that have objected to having to allow dispensaries to operate. The bill has already passed the Senate without allowing localities to ban dispensaries, and bill sponsors have indicated they will not support a bill that allows bans. Stay tuned.

Utah

On Monday, a CBD medical marijuana bill passed the Utah House. The bill would make CBD cannabis oil available on a trial basis for children suffering seizure disorders. House Bill 105 passed on a 62-11 vote and now goes to the state Senate.

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

This Week's Corrupt Cops Stories

A major scandal envelopes five San Francisco police officers, a former Illinois probation officer heads for prison in the cocaine death of an Illinois judge, a Kentucky drug task force commander cops to ripping off his employers, and more. Let's get to it:

In San Francisco, five San Francisco police officers were indicted last Thursday on a host of  federal charges, including constitutional-rights violations, extortion, lying in court and on police reports, and dealing drugs. The officers were all part of plainclothes investigation teams whose alleged misdeeds in searches conducted at single-room-occupancy hotels in the Mission district, the Tenderloin and on Sixth Street -- including searching rooms without warrants -- were captured on video discovered by the Public Defender's Office in 2011. They are Sgt. Ian Furminger, 47, of Pleasant Hill; Officer Edmond Robles, 46, of Danville; Officer Arshad Razzak, 41, of San Francisco; Officer Richard Yick, 37, of San Francisco; and Officer Raul Eric Elias, 44, of San Mateo. All have been suspended without pay.

In Ballston Spa, New York, a Saratoga County sheriff's deputy was arrested last Friday on drug charges. Deputy Charles Fuller, 46, went down in a sting after a snitch and an undercover FBI agent made a deal to buy a pound of cocaine from him. He is charged with attempting to aid and abet the possession with intent to distribute 500 grams or more of cocaine. If convicted, Fuller faces a maximum of 40 years in prison, and a $5,000,000 fine.

In Taft, California, a federal prison guard was arrested Tuesday on charges he was smuggling drugs and other contraband into the Taft Federal Facility. Ramon Cano is accused of selling meth, cocaine, and heroin to inmates, along with syringes. He went down in a sting after accepting 28 grams of meth and 28 grams of heroin from FBI undercover agents posing as drug dealers. He is charged with possession of meth and heroin with intent to distribute. He's out on bail.

In Belleville, Illinois, a former St. Clair County probation officer was sentenced last Thursday for his role in the death of St. Clair County Judge Joe Christ, who died last year of a cocaine overdose while on a fishing trip. James Fogarty, 46, was sentenced to five years in prison on cocaine distribution and firearms charges as part of a plea deal. Fogarty admitted selling cocaine to Christ and another judge the night before Chris died, but the state could not prove the cocaine he sold was responsible for Christ's death.

In Lexington, Kentucky, the former director of a drug task force pleaded guilty last Friday to stealing federal funds from the task force. Timothy George Fegan, 52, had run the Buffalo Trace/Gateway Narcotics Task Force and admitted taking cash proceeds that task force agents had seized during drug raids, as well as taking "buy money" on hand for undercover drug deals. The amount he stole will be determined during sentencing, which hasn't been set yet.

Chronicle AM -- March 5, 2014

Washington state's marijuana legalization passes a milestone, the DEA gets an earful on pot in Congress, the fight over Oregon's statewide dispensary regulation bill continues, pain pill prescriptions decrease, Indian poppy farmers are plagued by strung-out antelope, and more. Let's get to it:

"Hey, buddy, know where I can score?" Opium-addicted nilgai are wrecking Indian poppy crops. (wikimedia.org)
Marijuana Policy

Lawmakers Take on DEA Over Marijuana in Congressional Committee Hearing. DEA official Thomas Harrigan was on the hot seat at a hearing of the House Government Oversight Committee Tuesday. "There are no sound scientific, economic or social reasons to change our nation's marijuana policy," Harrigan told loudly skeptical lawmakers, even though he could not point to one death caused by marijuana. Congressmen Earl Blumenauer (D-OR) and Steve Cohen (D-TN) were among those who raked Harrigan over the coals. Click on the link for more.

First Ever Marijuana Producer License in Washington Granted in Spokane. The Washington State Liquor Control Board has granted the first license to grow marijuana for the state's legal pot market. The honor goes to Kouchlock Productions of Spokane, owned by Sean Green, who also owns dispensaries in Spokane and Seattle.

Oregon Bill to Put Legalization on November Ballot Dead in Senate. The Oregon legislature will not act to put marijuana legalization before the voters in November. A bill to do so, Senate Bill 1556, sponsored by Sen. Floyd Prozanski (D-Portland), doesn't have the votes to pass the Senate and faces near certain death in committee, lawmakers said Tuesday. That means if Oregon wants to legalize it this year, it will have to happen through the citizen initiative process.

North Carolina Poll Has Slight Majority Opposing Legalization. A new Elon Poll has 51% of North Carolinians opposed to marijuana legalization, with 39% in favor. The only demographic group to support legalization was young people. Among the 18-to-30 group, 54% said legalize it.

Medical Marijuana

Marijuana Foes Urge Justice Department Not to Reschedule, Call for More Research. Project SAM, addiction-oriented medical groupings, and anti-drug groups sent a letter Wednesday to the Justice Department urging it to resist calls to reschedule marijuana and calling instead for easier access to marijuana for researchers. The signatories have "deep concern" about the "normalization" of marijuana and about "recent statements from members of Congress diminishing the harms and dangers of marijuana use."

Minnesota Medical Marijuana Bill Wins House Committee Vote. The House Health and Human Services Committee advanced a medical marijuana bill Tuesday. House File 1818 now moves to the House Government Operations Committee, but faces opposition from law enforcement, which is demanding that marijuana be available only in pill, liquid, or vapor form.

Compromise on Oregon Dispensary Regulation Bill Would Allow Only Temporary Local Bans. Legislators trying to get the statewide dispensary regulation bill, House Bill 1531, through the House have floated the idea of allowing localities to enact temporary moratoria of up to a year in a bid to win over cities and counties that have objected to having to allow dispensaries to operate. The bill has already passed the Senate without allowing localities to ban dispensaries, and bill sponsors have indicated they will not support a bill that allows bans. Stay tuned.

Michigan Senate Passes Medical Marijuana Restriction Bill. A bill that would prohibit medical marijuana users from growing or smoking their medicine in rental properties, including apartments and hotels, passed the Senate Tuesday. Senate Bill 783, sponsored by Sen. Rick Jones (R-Grand Ledge), allows landlords to ban such activities in leases. The bill now heads to the House.

Hemp

Nebraska Hemp Bill Passes Senate. A bill to allow the production, sale, and purchase of industrial hemp overwhelmingly passed the Senate Tuesday. Legislative Bill 1001 passed on a vote of 32-1. The bill is sponsored by Sen. Norm Wallman (D-Cortland). It now goes to the House.

Drug Testing

Florida Bill to Drug Test Politicians Filed. State Rep. Dane Eagle (R-Cape Coral) has filed a bill to require drug testing for judges and elected officials. The bill, House Bill 1435, is intended to "ensure that public officers are sober as they undertake their responsibility to make policy decisions that affect the health, safety and welfare of the citizens they represent." But similar laws have been struck down as unconstitutional in the federal courts.

Prescription Drugs

Opioid Prescriptions Decrease. Doctors and healthcare providers wrote approximately 11 million fewer prescriptions for narcotic painkillers in 2013 than in 2012. They wrote about 230 million prescriptions for opioids such as Vicodin, OxyContin and Percocet in 2013 according to data from IMS Health, a drug market research firm. That's down about 5% from 2012, when about 241 million prescriptions were written.

Synthetic Drugs

Kentucky Bill Would Up Penalties for Synthetic Drugs. State Rep. Ben Waide (R-Madisonville) Tuesday introduced a bill to increase the penalties for possession and trafficking of synthetic drugs. House Bill 495 would reduce the weights of synthetic drugs that trigger trafficking charges and would shift a first offense from a misdemeanor to a felony.

International

Indian Villagers Want Leopards Returned to Protect Legal Opium Crops From Strung-Out Antelope. Poppy farmers in Madhya Pradesh's opium belt want leopards returned to their area because, in their absence, opium-addicted nilgai (antelope) are wreaking havoc with their crops. The district had two leopards until 2008, but they were removed after farmers complained they feared for their lives. But since then, the population of nilgai has skyrocketed, fearlessly attacking poppy crops, and now the villagers want the big cats back. "Our opium fields were safe as long as leopard was here," said one. [Ed: Note that India including the Madhya Pradesh province is one of the countries providing licit opium growing for the global medicinal market.]

Mexican Vigilantes Demand Resignation of Apatzingan Mayor. Vigilantes opposed to the presence of the Knights Templar Cartel in the western state of Michoacan took over city hall in Apatazingan, a city of 100,000, Monday and demanded the resignation of the mayor, who they say is allied with the cartel. The vigilantes had entered the city three weeks ago, but pulled back to the outskirts and set up checkpoints to prevent cartel members and supporters from entering. The vigilantes are allied with Mexican security forces, who are attempting to absorb them as Rural Defense Forces.

Chronicle AM -- March 4, 2014

The INCB releases its annual drug report and so does the US State Department, DC moves toward marijuana decriminalization and so does New Hampshire, the Georgia House approves a CBD medical marijuana bill and so does the Utah House, and more. Let's get to it:

Marijuana Policy

DC City Council Approves Marijuana Decriminalization. The District of Columbia city council Tuesday voted 10-1 to give final approval to a marijuana decriminalization bill. It must still be signed by the mayor and approved by Congress. The "Marijuana Possession Decriminalization Amendment Act of 2014" (Council Bill 20-409) removes the threat of arrests for the possession of less than an ounce and replaces it with a $25 fine, the lowest fine in any state that has decriminalized.

New Hampshire House Committee Approves Decriminalization Bill. The New Hampshire House Criminal Justice and Public Safety Committee approved a decriminalization bill Tuesday. House Bill 1625 would allow for the possession of up to an ounce. It would also make the cultivation of up to six plants a misdemeanor.

Oklahoma City Marijuana Decriminalization Initiative Ready to Get Underway. Signature gathering will begin Friday for an Oklahoma City municipal initiative that would decriminalize small-time pot possession. Advocates filed the measure Monday. They have 90 days to gather some 6,200 valid voter signatures to put the measure on the ballot in the next municipal election. Click on the link to see the initiative.

Pennsylvanians Evenly Split on Legalization, Favor Medical Marijuana, Poll Finds. A new Quinnipiac poll has support for legalization at 48%, with 49% opposed. Medical marijuana is favored by 85%.

Northeastern NAACP Chapters Endorse Rhode Island Legalization.The New England Area Conference of the NAACP, comprising chapters in Rhode Island, Massachusetts, Vermont, New Hampshire and Maine, is supporting legislation to legalize marijuana in Rhode Island. Among other reasons, the NAACP cited "an alarming racial disparity" in marijuana arrests.

Medical Marijuana

Georgia House Approves CBD Medical Marijuana Bill. The Georgia House Monday overwhelmingly approved a bill to make CBD cannabis oil available to treat certain seizure disorders. House Bill 885 now goes to the state Senate.

Utah House Approves CBD Medical Marijuana Bill. The Utah House Monday approved a bill to make CBD cannabis oil available on a trial basis for children suffering seizure disorders. House Bill 105 passed on a 62-11 vote and now goes to the state Senate.

Drug Testing

Georgia House Approves Welfare Drug Testing Bill. The Georgia House Monday approved a bill that would require food stamp and welfare recipients to submit to drug testing if a state caseworker suspects they are using drugs. A positive drug test would result in a loss of benefits. House Bill 772, sponsored by Rep. Greg Morris (R-Vidalia) now goes to the state Senate.

Indiana Senate Committee Amends, Then Approves Welfare Drug Testing Bill. The Indiana Senate Health Committee Monday approved a welfare drug testing bill, but only after amending it so that it only applies to recipients with previous drug convictions. Senate Bill 287 now heads to the Senate floor.

Prescription Drugs

Oklahoma House Approves Bill Adding Prescription Drugs to Drug Trafficking Statute. The Oklahoma House Monday unanimously approved a bill that would make people carrying large quantities of specified prescription drugs subject to drug trafficking charges. The bill adds morphine, oxycodone, hydrocodone, and benzodiazepine to the list of drugs in the trafficking statute. People possessing more than specified amounts of those drugs could face prison time and Senate.

International

International Narcotics Control Board Releases Annual Report, Frets About Marijuana Legalization. The INCB is very "concerned" about moves to legalize marijuana in US states and Uruguay. But the UN agency is also coming under serious attack from critics over what they call its ideologically-based positions. Click on the link for access to the report and to read our feature article on it and the critics.

State Department Releases Annual International Narcotics Control Strategy Report. Click on the link to read the report.

DC City Council Okays Marijuana Decriminalization

Washington, DC, is set to become the next entity to decriminalize small-time marijuana possession after the city council Tuesday gave final approval to a decriminalization bill. The bill must still be approved by Mayor Vincent Gray, who has signaled support for decriminalization.

But even after the mayor signs off, the measure will not become law until Congress has completed a required legislative review. That process could last into the summer.

The "Marijuana Possession Decriminalization Amendment Act of 2014" (Council Bill 20-409) removes the threat of arrests for the possession of less than an ounce and replaces it with a $25 fine, the lowest fine in any state that has decriminalized. In setting the fine so low, council members cited homelessness in the District and high poverty rates in areas of the city that have seen the highest numbers of arrests.

Police still can, however, seize your marijuana and whatever you used to smoke it. And public use of marijuana remains a criminal misdemeanor punishable by up to 60 days in jail.

"This is a big step forward for our nation's capital, as well as our nation as a whole. Clearly, marijuana prohibition's days are numbered in the United States," said Dan Riffle, director of federal policies for the Marijuana Policy Project, which supported the bill. "We should not be saddling people with criminal records simply for using a substance that is less harmful than alcohol," Riffle said. "Law enforcement resources should be used to address serious crimes, not to arrest and prosecute adults for possessing small amounts of marijuana. Neither the District nor any of the states can afford to continue criminalizing adults for marijuana possession."

"For far too long, people of color have been disproportionately and unfairly arrested and marginalized for marijuana possession in the District of Columbia. DC council members took the first critical step today toward ending the selective enforcement of marijuana prohibition policies that have perpetuated racial disparities in the criminal justice system for decades," said Grant Smith, policy manager with the Drug Policy Alliance, which also supported the bill.

"Council members heard the public's demand that marijuana arrests end and have passed model legislation that is one of the strongest marijuana decriminalization laws in the whole country," Smith continued. "Mayor Vincent Gray should sign and ensure this bill goes to Congress for its review without delay. With every day that passes, more District residents' lives are irrevocably harmed with these senseless marijuana possession arrests."

Passage of the decrim bill is by no means the end of pot politics in the District this year. Two other marijuana-related bills are still before the council, one (Council Bill 20-467) that would seal marijuana arrest and conviction records and one (Council Bill 20-466) that legalize, tax, and regulate marijuana commerce for adults.

And looming over the legislative activity is the DC marijuana legalization initiative, which is awaiting approval for signature-gathering from the Board of Elections.

Washington, DC
United States

War of Words: The International Narcotics Control Board vs. A Changing World [FEATURE]

The global drug prohibition bureaucracy's watchdog group, the International Drug Control Board (INCB) released its Annual Report 2013 today, voicing its concerns with and wagging its finger at drug reform efforts that deviate from its interpretation of the international drug control treaties that birthed it. The INCB is "concerned" about moves toward marijuana legalization and warns about "the importance of universal implementation of international drug control treaties by all states."

"We deeply regret the developments at the state level in Colorado and Washington, in the United States, regarding the legalization of the recreational use of cannabis," INCB head Raymond Yans said in introducing the report. "INCB reiterates that these developments contravene the provisions of the drug control conventions, which limit the use of cannabis to medical and scientific use only. INCB urges the Government of the United States to ensure that the treaties are fully implemented on the entirety of its territory."

For some years now, some European and Latin American countries have been expressing a desire to see change in the international system, and "soft defections," such as the Dutch cannabis coffee shop system and Spain's cannabis cultivation clubs, have stretched the prohibitionist treaties to their legal limits. But legal marijuana in Uruguay is a clear breach of the treaties, as Colorado and Washington may be. That is bringing matters to an unavoidable head.

After surveying the state of drug affairs around the globe, the 96-page INCB report ends with a number of concerns and recommendations, ranging from non-controversial items such as calling for adequate prevention and treatment efforts to urging greater attention to prescription drug abuse and more attention paid to new synthetic drugs. [Ed: There is some controversy over how to best approach prescription drug abuse and synthetic drugs. e.g. the type of attention to pay to them.]

But the INCB is clearly perturbed by the erosion of the international drug prohibition consensus, and especially by its concrete manifestations in legalization in Uruguay, Colorado, and Washington and the spreading acceptance of medical marijuana.

"The Board is concerned that a number of States that are parties to the 1961 Convention are considering legislative proposals intended to regulate the use of cannabis for purposes other than medical and scientific ones" and "urges all Governments and the international community to carefully consider the negative impact of such developments. In the Board's opinion, the likely increase in the abuse of cannabis will lead to increased public health costs," the report said.

Similarly, the INCB "noted with concern" Uruguay's marijuana legalization law, which "would not be in conformity with the international drug control treaties, particularly the 1961 Convention" and urged the government there "to ensure the country remains fully compliant with international law, which limits the use of narcotic drugs, including cannabis, exclusively to medical and scientific purposes."

Ditto for Colorado and Washington, where the board was "concerned" about the marijuana legalization initiatives and underlined that "such legislation is not in conformity with the international drug control treaties." The US government should "continue to ensure the full implementation of the international drug control treaties on its entire territory," INCB chided.

But even as INCB struggles to maintain the legal backbone of global prohibition, it is not only seeing marijuana prohibition crumble in Uruguay and the two American states, it is also itself coming under increasing attack as a symbol of a crumbling ancien regime that creates more harm than good with its adherence to prohibitionist, law enforcement-oriented approaches to the use and commerce in psychoactive substances.

"We are at a tipping point now as increasing numbers of nations realize that cannabis prohibition has failed to reduce its use, filled prisons with young people, increased violence and fueled the rise of organized crime," said Martin Jelsma of the Transnational Institute. "As nations like Uruguay pioneer new approaches, we need the UN to open up an honest dialogue on the strengths and weaknesses of the treaty system rather than close their eyes and indulge in blame games."

"For many years, countries have stretched the UN drug control conventions to their legal limits, particularly around the use of cannabis," agreed Dave Bewley-Taylor of the Global Drug Policy Observatory. "Now that the cracks have reached the point of treaty breach, we need a serious discussion about how to reform international drug conventions to better protect people's health, safety and human rights. Reform won't be easy, but the question facing the international community today is no longer whether there is a need to reassess and modernize the UN drug control system, but rather when and how."

"This is very much the same old stuff," said John Collins, coordinator of the London School of Economics IDEAS International Drug Policy Project and a PhD candidate studying mid-20th Century international drug control policy. "The INCB views its role as advocating a strict prohibitionist oriented set of policies at the international level and interpreting the international treaties as mandating this one-size-fits-all approach. It highlights that INCB, which was created as a technical body to monitor international flows of narcotics and report back to the UN Commission on Narcotic Drugs, has carved out and maintains a highly politicized role, far removed from its original treaty functions. This should be a cause for concern for all states interested in having a functioning, public health oriented and cooperative international framework for coordinating the global response to drug issues," Collins told the Chronicle.

"The INCB and its current president, Raymond Yans, take a very ideological view of this issue," Collins continued. "Yans attributes all the negative and unintended consequences of bad drug policies solely to drugs and suggests the way to lessen these problems is more of the same. Many of the policies the board advocates fly in the face of best-practice public health policy -- for example the board demanding that states close 'drug consumption rooms, facilities where addicts can abuse drugs,'" he noted.

"If the board was really concerned about the 'health and welfare' of global populations it would be advocating for these scientifically proven public health interventions. Instead it chooses the road of unscientific and ideological based policies," Collins argued.

The INCB's reliance on ideology-driven policy sometimes leads to grotesque results. There are more than 30 countries that apply the death penalty for drugs in violation of international law. Virtually every international human rights and drug control body opposes the death penalty for drugs including the United Nations Office on Drugs and Crime, the UN Human Rights Committee, the UN's human rights experts on extrajudicial killings, torture and health, among many others.

INCB head Raymond Yans (incb.org)
But when an INCB board member was asked in Thailand -- where 14 people have been executed for drugs since 2001 -- what its position on capital punishment was, he said, "the agency says it neither supports nor opposes the death penalty for drug-related offenses," according to the Bangkok Post.

Human rights experts were horrified and immediately wrote asking for clarification, to which the INCB responded, "The determination of sanctions applicable to drug-related offenses remains the exclusive prerogative of each State and therefore lie beyond the mandate and powers which have been conferred upon the Board by the international community," according to Human Rights Watch.

Another area where the board's concern about the health and welfare of global populations is being challenged is access to pain medications. A key part of the INCB's portfolio is regulating opioid pain medications, and this year again it said there is more than enough opium available to satisfy current demand, although it also noted that "consumption of narcotic drugs for pain relief is concentrated within a limited number of countries."

The World Health Organization (WHO) agrees about that latter point. A 2011 study estimated that around 5.5 billion people -- or 83% of the world population -- live in countries with 'low to non-existent' access to opioid pain relief for conditions such as cancer and HIV/AIDS. These substances are listed by the WHO as essential medicines, and the international drug control conventions recognise explicitly that they are 'indispensable' to the 'health and welfare of mankind.'

Adding to the paradox -- the global supply is sufficient, but four-fifths of the world doesn't have access -- the INCB calls on governments to "ensure that internationally controlled substances used for pain relief are accessible to people who need them."

What is going on?

"The INCB uses totals of requirements for opioid medicines compiled by the UN treaty signatory states," said Ann Fordham, executive director of the International Drug Policy Consortium, which keeps an eye on the agency with its INCB Watch. "Unfortunately there is often a huge gap between these administrative estimates and the actual medical needs of their populations."

The prohibitionist slant of global drug control also creates a climate conducive to understating the actual need for access to pain relief in other ways, Fordham told the Chronicle.

"Many governments interpret the international drug control conventions in a more restrictive manner than is necessary, and focus their efforts towards preventing access to the unauthorized use of opioids rather than to ensuring their medical and scientific availability," she said. "This is a grossly unbalanced reading of the conventions, underpinned by fear and prejudice regarding opioids and addiction."

Although the agency has cooperated somewhat with the WHO in attempting to enhance access to the medicines, said Fordham, it bears some blame for rendering the issue so fraught.

"The INCB has continually stressed the repressive aspect of the international drug control regime in its annual reports and other public statements, and in its direct dealings with member states," she said. "The INCB is therefore responsible for at least some of the very anxieties that drive governments toward overly restrictive approaches. This ambivalence considerably weakens the INCB's credibility and contradicts its health-related advocacy."

Fordham joined the call for a fundamental reform of global drug prohibition, and she didn't mince words about the INCB.

"The entire UN drug control system needs to be rebalanced further in the direction of health rather than criminalization, and it is changing; the shift in various parts of the system is apparent already," she said before leveling a blast at Yans and company. "But the INCB is notable as the most hard line, backward-looking element, regularly overstepping its mandate in the strident and hectoring manner its adopts with parties to the treaties, in its interference in functions that properly belong to the WHO and in its quasi-religious approach to a narrow interpretation of the drug control treaties."

The INCB should get out of the way on marijuana and concentrate on its pain relief function, said Collins.

"The INCB should stay out if it," he said bluntly. "It is a technocratic monitoring body. It should not be involving itself in national politics and national regulatory systems. So it doesn't need to be either a help or hindrance on issues regarding cannabis reform. It has no reason to be involved in this debate. It should be focusing on ensuring access to essential pain medicines. These debates are a distraction from that core function and I would argue one of the reasons it is failing to meet this core function."

Sorry, INCB. Welcome to the 21st Century.

Vienna
Austria

Chronicle AM -- March 3, 2014

DC should decriminalize tomorrow, New Mexico looks to expand its medical marijuana program, harm reduction bills move in a couple of states, Mexican police repress a pro-El Chapo demonstration, and more. Let's get to it:

The shrine to narco-saint Jesus Malverde in Culiacan. (Phil Smith, Drug War Chronicle, 2008)
Marijuana Policy

DC Decriminalization Bill Expected to Get Final Vote Tomorrow. The District of Columbia city council is expected to give final approval tomorrow to a bill that would decriminalize the possession of up to an ounce of weed, with a $25 fine. It has the support of eight of 13 council members, so it should be a done deal, but stay tuned tomorrow.

Legalization Bill Introduced in Florida. State Sen. Dwight Bullard (D-Orlando) has introduced a legalization bill in the Sunshine State. Senate Bill 1562 was filed Friday. The proposal comes as Florida voters prepare to cast ballots in November on legalizing medical marijuana. Also, lawmakers are considering proposals to legalize a marijuana extract that can help some children who have a form of epilepsy and suffer from severe seizures.

Medical Marijuana

California Statewide Regulation Bill Has Support of Cops, Cities. For the first time, California law enforcement and local government associations are backing legislation to regulate the medical marijuana industry. The California Police Chiefs Association and the League of California cities are supporting Senate Bill 1262, filed by Sen. Lou Correa (D-Santa Ana), but the bill is opposed by friends of medical marijuana, who object to its provisions setting limits on doctors who recommend it.

New Jersey Annual Medical Marijuana Reports Out. The state Department of Health has released the 2013 Annual Report and the 2013 Biennial Report on the status of the state's medical marijuana program. The state has 1,585 active registered patients, 121 active registered caregivers, and six registered dispensaries. Both reports are at the link.

Massachusetts Caregiver Flouts Regs, Grows for More than One Patient. Longtime Bay State marijuana activist Bill Downing has gone public with his flouting of the state's medical marijuana regulations. He says he is providing medical marijuana to some 350 patients, but state regulations say he can be a caregiver for only one. Downing says it's the regulations that are in conflict with the state's medical marijuana law, not him. "The regulation violates the statute. The statute allows for caregiving. The regulation does not," he said. And the state Health Department knows what he is up to, he added.

New Mexico to Address Medical Marijuana Shortage, Adds New Conditions. Acknowledging that a shortage of medical marijuana exists in the state, the Department of Health Friday proposed increasing the number of plants and seedlings that licensed producers can grow and opening the application process to allow more producers to apply for licenses. There are only 23 licensed producers in the state, and demand is rising. Under the proposals announced Friday, producers would be able to boost their crop from a total of 150 plants and seedlings to as many as 150 mature plants and 300 seedlings. The state would also be looking to add another 12 producers to the list. The number of patients in the state jumped to more than 10,000 last year, an increase of 1,200 over the previous year. The department also announced it was adding Parkinson's and Huntington's diseases to the list of qualifying conditions to get into the program.

Solid Majority Favors Medical Marijuana in Iowa Poll. Nearly six out of 10 Iowans (59%) support legalizing medical marijuana, according to the latest Iowa Poll. But only 28% support legalization. Medical marijuana bills are introduced in the legislature every year, but have yet to go anywhere.

Harm Reduction

Overdose Reversal Drug Bill Moving in Ohio. A bill that would expand access to the opiate overdose reversal drug naloxone (Narcan) remains alive after the House voted to concur in changes made to it in the Senate. Substitute House Bill 170, sponsored by Rep. Terry Boose (R-Norwalk) has an emergency clause and will go into effect immediately upon signature by Gov. John Kasich (R).

Good Samaritan 911 Bill Moving in Georgia. A bill that would provide limited immunity from prosecution on drug charges for people who seek emergency treatment for drug overdose victims has passed the House. House Bill 965, also known as the Georgia 911 Medical Amnesty Law, now awaits action in the Senate.

Asset Forfeiture

Asset Forfeiture Reporting Bill Gets Hearing in Maryland. A bill that would require police to report the type of property seized, the crime with which it is supposedly linked, and the disposition of any related criminal cases has been heard in the Maryland Senate. Senate Bill 468, sponsored by Sen. Christopher Shank (R-Washington County), got a hearing last week in the Senate Judicial Proceedings Committee, but no vote was taken.

International

Mexican Police Arrest 40 in Pro-El Chapo Guzman Demonstration in Culiacan. Police in Culiacan, Sinaloa, arrested about 40 people Sunday who were planning to demonstrate in support of captured Sinaloa Cartel leader Joaquin "El Chapo" Guzman. About 150 supporters had gathered at the shrine to Jesus Malverde, informal patron saint of drug traffickers, in Culiacan, and about 40 were arrested when they refused to disperse. Some shouted "Long live Chapo." More than a thousand people marched for Guzman in Culiacan last week, and police wanted to prevent a repeat of signs of public support.

Drug Reformers Head to New Zealand for Conference on Regulating Legal Highs. Drug reformers from around the globe are heading to Auckland later this month to discuss the Psychoactive Substances Act and advocate further drug reform. The Pathway to Reform conference will take place on March 20.

Conservative Norwegian MP Charged in Hash Scandal Case. Erik Skutle, the Conservative Party member of parliament who took Prime Minister Erna Solberg's seat when she took the leadership position, has been charged with hashish use in a case that has embarrassed his "zero tolerance" political party. He was charged Thursday, a day after he publicly proposed decriminalizing cannabis possession as the scandal emerged. But it looks like he will retain his seat in parliament.

Chronicle AM -- February 28, 2014

Another state, another poll, more support for marijuana reform, plus a Good Samaritan 911 bill moves in Maryland, a welfare drug testing bill moves in Indiana, Minnesota takes a chagrined second look at its welfare drug testing law, Norway's conservatives have a hash scandal, Dutch cops warn against legalizing grows, and more. Let's get to it:

Dutch police oppose legalizing the supply of marijuana to the country's famous cannabis cafes. (wikimedia.org)
Marijuana Policy

Pennsylvania Poll Finds Near Majority for Legalization, Supermajority for Medical Marijuana. A Mercyhurst Center for Applied Politics (MCAP) poll released Friday has support for marijuana legalization in the Keystone State at 48%, with 42% opposed. A solid majority, 59%, supported decriminalization. On medical marijuana, a whopping 85% believe patients should be allowed to use it when prescribed by a doctor. "Our findings suggest that the position of Pennsylvanians on the legalization of marijuana is largely consistent with the nation as a whole," MCAP Director Joseph Morris said in a statement.

Medical Marijuana

Oregon Dispensary Applications Start Monday. The Oregon Medical Marijuana Dispensary Program will begin taking applications for a dispensary license Monday. Click on the link to go the Oregon Health Authority's relevant pages.

Maryland Draft Regulations for Medical Marijuana Programs Released. The Maryland Medical Marijuana Commission has released its proposed regulations for medical marijuana programs and growers. The commission is looking for comments, and interested parties have two weeks to get them in. Click the link to read the draft regs.

Drug Policy

Drug Reform Journalist Dean Becker Publishes Book to End the Drug War. And it's called To End the War on Drugs. Becker is the man behind the Houston-based Drug Truth Network, where he has hosted more than a thousand Pacifica Radio programs going out to 90 affiliates and interviewed just about everybody is who is anybody in the world of drug reform (and many of the opposition, too). It's available as a paperback or e-book; click on the title link for all the details.

Drug Testing

Minnesota Revisiting Much Criticized Felon Welfare Drug Testing Law. A law that went into effect last year requiring counties to determine which welfare applicants had felony drug convictions and subject them to drug tests to qualify for benefits would be changed under a bill heard Tuesday by the House Health and Human Services Policy Committee. House File 1987, introduced by Rep. Rena Moran (DFL-St. Paul), would make participation by counties optional. Counties and welfare rights and civil liberties advocates have argued that the law is a costly unfunded mandate that has little real world effect because the number of people who test positive for drugs under it is miniscule. The committee held the bill for possible inclusion in an omnibus bill. A similar measure awaits action in the Senate.

Welfare Drug Testing Bill Advances in Indiana. A bill that would require welfare recipients previously convicted of a drug crime to pass a drug test before receiving benefits passed the Senate Appropriations Committee Thursday. House Bill 1351 has already passed the House and another Senate committee and now heads for a floor vote.

No Link Found Between Positive Tests for Marijuana and Work-Related Accidents. Past marijuana smoking, as indicated by the presence of inert metabolite in standard urine tests, is not associated with work-related accidents, according to a new study published in the Journal of Addictive Diseases. "This study fell short of finding an association between marijuana use and involvement of workplace accidents," the author concluded. He added, "This study cannot be taken as definitive evidence of absence of an association between marijuana and work related accidents but the findings are compelling."

Harm Reduction

Maryland Good Samaritan 911 Bill Passes House. A bill that would provide limited immunity for anyone seeking medical assistance for a potential overdose victim unanimously passed the Maryland House of Delegates Thursday. Passage of House Bill 416 would mean that no person can be charged with possession of drugs or alcohol, or violation of an outstanding non-violent arrest warrant, if police or emergency personnel are called to administer aid to an overdose victim. This applies to the individual overdosing and a friend or bystander calling on the victim's behalf. The bill now moves to the Senate.

International

Mexican Vigilantes Take Cartel Fight to Key Port. Vigilante groups that emerged in the western state of Michoacan to fight off the grip of the Knights Templar drug trafficking organization have now moved to the outskirts of the key Pacific port city of Lazaro Cardenas. The move comes as the Mexican government attempts to integrate the vigilantes into a military-controlled Rural Defense Force. The groups first sprang up a year ago, when state and local authorities proved ineffective against the cartel, and now, they and the military have driven the Knights out of a number of Michoacan communities.

Dutch Police Fear "Extreme Violence" if Marijuana Cultivation is Legalized. The Dutch National Police have come out against legalizing marijuana cultivation because they fear criminals will attack the pot farms with "extreme violence," according to a letter to regional governments from Deputy Chief Constable Ruud Blik. Mayors of more than 50 cities had recently called for growing to be legalized, and the Heerlen Mayor Paul Depla found himself "bewildered" and "disconcerted" by Blik's remarks. "We want to take marijuana cultivation out of the criminals' hands with legal plantations. But the National police says: no, we're not doing that, because then criminals threaten to rip our plantations. Out of fear of reprisals we do nothing, then, and leave the marijuana cultivation in the hands of criminals. That is an upside down world, and unworthy of the rule of law," Depla said.

Hash Smoking Scandal for Norway's "Zero Tolerance" Conservative Government. A Norwegian politician with links to the prime minister in Norway's new conservative coalition government has admitted smoking hashish "on one occasion," embarrassing the government, which campaigned on "zero tolerance" drug policies. To make matters worse, one-time toker and alternative MP Erik Skutle then spoke out against the policy, saying marijuana should be sold in pharmacies in state-owned shops. "I think we have a better chance of controlling and reducing consumption if we sell them over the counter, rather than having a total ban," he said.

British Drug Minister Will Ask China and India to Crack Down on New Synthetic Drugs. British drug minister Norman Baker said after a Home Office summit on "legal highs" that he would approach the Chinese and Indian governments in a bid to curb new synthetic drugs not covered by existing drug laws. Baker said he hoped to have "frank and honest" discussions about curbing the illicit laboratories' activities with source countries such as China and India at next month's meeting of the UN Commission on Narcotic Drugs. While Britain and other countries have moved to quickly ban new synthetics, New Zealand has instead chosen to regulate them.

Chronicle AM -- February 27, 2014

A thousand people march in support of "El Chapo" Guzman in his home state, Alaska makes it official that legalization is on the August ballot, another poll has a nationwide majority for marijuana legalization, medical marijuana bills move in a pair of states, there are a pair of moves to tighten up on pain pills, and more. Let's get to it:

Zohydro or No-hydro? A move is on to get the new hydrocodone-based pain medication killed.

Marijuana Policy

It's Official -- Alaska Lieutenant Governor Signs Off on Legalization Initiative. Alaska Lt. Gov. Mead Treadwell Wednesday made it official: Alaska will vote on a marijuana legalization initiative sponsored by the Campaign to Regulate Marijuana Like Alcohol in Alaska, which is working with the Marijuana Policy Project. "I have determined that the initiative sponsors have timely filed the petition and that the petition is signed by qualified voters… the Director of the Division of Elections shall place the ballot title and proposition on the election ballot for the Primary Election on August 19, 2014," Treadwell wrote in his official statement.

CBS News Poll Has Narrow Majority for Legalization, Strong Support for Medical Marijuana. Some 51% of Americans think marijuana should be legal, according to a new CBS News poll, and a whopping 86% think doctors should be able to prescribe it for medical use. Just three years ago, the CBS News poll had support for legalization at only 40%. CBS News now joins pollsters at Gallup, Pew Research, CNN,Quinnipiac, PPP, NBC News/Wall Street Journal, who have have all found that a majority of the country supports marijuana legalization.

Medical Marijuana

Georgia CBD Medical Marijuana Wins House Committee Vote. A bill that would allow for the use of CBD cannabis oil for children suffering epileptic seizures won a unanimous vote in the House Health and Human Services Committee Wednesday. House Bill 885 was approved after sponsor Rep. Allen Peake (R-Macon) amended it to allow for cultivation of marijuana at Georgia medical research universities. Producers of CBD cannabis oils cannot legally import them to Georgia.

Kentucky Medical Marijuana Bill Wins House Committee Vote. The Kentucky House Health and Welfare Committee approved a bill that would allow people suffering from conditions such as cancer, multiple sclerosis (MS), and HIV/AIDS to use medical marijuana by a vote of 9-5 today, following a public hearing. The Cannabis Compassion Act, or House Bill 350, introduced by Rep. Mary Lou Marzian (D-Louisville) and cosponsored by Committee Chairman Tom Burch (D-Louisville), would permit licensed patients and caregivers to possess and cultivate limited amounts of marijuana, and it would establish regulations to operate a limited number of medical marijuana compassion centers and testing facilities.

Drug Courts

New Jersey Governor Wants $4.5 Million for Drug Court Expansion. New Jersey Gov. Chris Christie (R) announced Wednesday that his proposed 2015 budget includes $4.5 million to pay for an expansion of the state's drug court program, but the sponsor of the bill that created the expansion says that isn't enough. The budget also includes half a million dollars to help provide drug offenders with employment services and another half million to allow drug court clients to obtain job training, skills acquisition, and job placement. But critics said if the state wants to provide drug treatment, it should do so without forcing people into drug court. "If you're really going to talk about the shift from addiction to treatment, it's not just for those who get arrested," said Roseanne Scotti, the director of the Drug Policy Alliance New Jersey office.

Opioid Pain Medications

Coalition Calls on FDA to Reverse Approval of Zohydro. Zohydro, a hydrocodone-based opioid pain reliever, was approved by the FDA last fall, but now a coalition of drug treatment, healthcare, and consumer groups led by Physicians for Responsible Opioid Prescribing is calling on the agency to reverse that decision. "It's a whopping dose of hydrocodone packed in an easy-to-crush capsule," said the group's Dr. Andrew Kolodny. "It will kill people as soon as it's released." But Zogenix, Zohydro's manufacturer, and the FDA both insist that the drug's benefits outweigh its risks.

DEA Publishes Proposal to Move Hydrocodone Combo Products to More Restrictive Schedule II. The DEA today published in the Federal Register notice that it intends to reschedule the opioid pain reliever hydrocodone from Schedule III to Schedule II, making it more difficult to access, when it is sold in products that also contain substances, such as aspirin or acetaminophen. Hydrocodone by itself is already Schedule II, but Congress placed the combination products in Schedule III when it passed the Controlled Substances Act in 1970. The DEA says Schedule III opioids are more likely to be abused than the more tightly controlled Schedule II ones. Public comment on the proposed rule must be made by April 27 and can be done at www.regulations.gov. A request for a hearing can be made at the same web site, but the deadline for that is March 31.

Sentencing

Sentencing Discrepancies Under Scrutiny in Minnesota. Widespread disparities in Minnesota drug sentencing revealed in a Minneapolis Star Tribune story Sunday led to a legislative hearing Wednesday in which legislators offered up fixes ranging from stiffer sentences for drug "kingpins" to lesser penalties for low-level drug offenders. But even though Minnesota has tougher drug sentences that surrounding states, increased penalties appeared to have more traction than decreased ones.

International

A Thousand March for "El Chapo" Guzman in Culiacan. More than a thousand people marched through the streets of Culiacan, the capital of Sinaloa, in support of captured Sinaloa Cartel leader Joaquin "El Chapo" Guzman Wednesday. The largely young crowd, many dressed in white, bore signs that read "We want Chapo Freed" and "We demand no extradition" as they filed across the center of Culiacan.

Bermuda Activist Challenges Bias of Speaker Chosen By Government to Address Medical Professionals. Attorney Alan Gordon, one of Bermuda's most prominent marijuana activists, is raising concerns about the government's selection of Dr. Andrea Barthwell to address medical professionals there. Barthwell, a former deputy drug czar under George W. Bush, has "a long history of credible accusations" made against her "one-sided and heavily misleading information which could harm Bermuda health care," Gordon said. "Dr. Barthwell's bias against medical cannabis, historically, is so strong that she is not a credible source of information until she meaningfully addresses the allegations," said Gordon. He had a lot more to say about Barthwell, too. Click on the link to read it all.

Medical Marijuana Update

The Epilepsy Foundation comes out in support of medical marijuana, the feds delay a PTSD study, CBD bills are popping up, and a battle over local dispensary bans looms in Oregon, and more. Let's get to it:

National

Last Thursday, the National Epilepsy Foundation endorsed medical marijuana. "The Epilepsy Foundation supports the rights of patients and families living with seizures and epilepsy to access physician directed care, including medical marijuana. Nothing should stand in the way of patients gaining access to potentially life-saving treatment," according to the statement from Epilepsy Foundation President and CEO Philip M. Gattone and Epilepsy Foundation Board of Directors Chairman Warren Lammert. "If a patient and their healthcare professionals feel that the potential benefits of medical marijuana for uncontrolled epilepsy outweigh the risks, then families need to have that legal option now -- not in five years or ten years. For people living with severe uncontrolled epilepsy, time is not on their side," according to their statement.

Last Friday, researchers charged federal bureaucrats with blocking the supply of marijuana for a research study on PTSD in veterans. The study has been approved by the FDA and the University of Arizona's Institutional Review Board, but the Multidisciplinary Association for Psychedelic Studies (MAPS) said the US Public Health Service has for the past 3 ½ months refused to act on its request to purchase marijuana for the study. The PHS marijuana review process exists only because the National Institute on Drug Abuse (NIDA) has a Drug Enforcement Administration (DEA)-protected monopoly on the supply of marijuana legal for use in FDA-regulated research. This additional review is not required for research on any other Schedule I drug.

California

Last Tuesday, the Diamond Bar city council voted to ban dispensaries. The council first approved an extension of a temporary ban on medical marijuana clinics that will last until January 2015. It also introduced a second ordinance that will permanently ban medical marijuana operations from the city. The permanent ban gets a second reading next week. The city had one dispensary, Farm Assist Caregivers, but it was shut down by the feds last year.

On Tuesday, the San Diego city council approved up to 30 dispensaries to operate in the city. The council voted 8-1 to create new zoning laws for medical marijuana dispensaries after years of debate about providing access for patients while at the same time protecting neighborhoods. The rules limit dispensaries to some commercial and industrial zones and require them to be at least 1,000 feet from one another as well as schools, playgrounds, libraries, child care and youth facilities, parks and churches. They must operate as nonprofits, have curtailed business hours and hire security guards.

Also on Tuesday, a San Jose initiative began gathering signatures for the 2014 ballot. The San Jose Medical Marijuana Regulation for San Jose Act (MMRSJ) is designed to put in place "reasonable regulations" for dispensaries and is a response to a city council stance that "all dispensaries are illegal" until it comes up with its own regulations. The supporters of MMRSJ would like to collect 30,000 signatures before the March 18 San Jose City Council meeting on the topic, but have set a goal of completing the signature drive on April 20.

Florida

On Monday, Tampa was the scene of a rowdy debate over medical marijuana. With a medical marijuana initiative headed for the voters in November, initiative proponent and prominent attorney John Morgan and NORML head Alan St. Pierre faced off against Project SAM spokesman Kevin Sabet and prehistoric prohibitionist Dr. Eric Voth. "Screaming, yelling, and even people dragged out" were all part of the action, as WTSP News 10 reported.

Georgia

On Monday, a CBD medical marijuana bill was stalled in committee. The bill, House Bill 885, would allow for the use of CBD cannabis oil to treat epileptic seizures in children is stuck in committee as lawmakers grapple with the issue of how to obtain it. Either growing it or importing it would violate state law.

Iowa

Last Friday, a judge rejected an activist's lawsuit challenging the state Board of Pharmacy's refusal to recommend rescheduling of marijuana. Carl Olsen had brought the suit after the board denied his request to recommend a change in classification, and he says he will appeal.

Kentucky

On Wednesday, a CBD medical marijuana bill won a Senate committee vote. A bill to allow trial use of cannabis oil for severe childhood seizures passed the Senate Health and Welfare Committee, and now goes to the full Senate. The measure is Senate Bill 124.

Nevada

On Tuesday, the Boulder City council voted to ban dispensaries. The unanimous vote came after council members said they didn't think the businesses were "a good fit" for the town. Boulder City becomes the first town in Clark County to ban them. Las Vegas has a moratorium, but only while city staffers research the issue.

New York

On Tuesday, a new Sienna poll showed strong support for medical marijuana. A third of respondents (32%) said Gov. Andrew Cuomo's pilot medical marijuana program was sufficient, but 45% said the state should implement a full-fledged program. The poll comes as pressure rises on the state Senate to approve pending legislation.

Ohio

On Monday, a Quinnipiac poll showed nearly nine out of 10 Ohioans favor medical marijuana. The poll had support at 87%. Medical marijuana activists are trying to get an initiative on the ballot there.

Oregon

On Monday, a House committee amended the dispensary regulation bill to allow local bans. The Senate earlier passed a version of the bill that allowed localities to regulate, but not ban them. Senate Bill 1531 still has to pass the House, and if the ban still stands, the Senate must vote to concur in the change or the two versions will have to be reconciled in conference committee.

Also on Monday, the Tualatin city council voted to ban dispensaries until year's end. The measure passed 6-0.

On Tuesday, the Beaverton city council voted to ban dispensaries for at least six months. Councilors said they voted for the moratorium to figure out the best options for city regulations regarding dispensaries, including zoning and business license requirements.

South Carolina

Last Wednesday, a CBD medical marijuana bill was introduced. Sen. Tom Davis (R-Beaufort) and six GOP cosponsors filed the bill primarily to help patients who suffer from a severe form of epilepsy. The bill has been referred to the Committee on Medical Affairs.

Utah

Last Friday, a CBD medical marijuana bill advanced on a House committee vote. The House Law Enforcement Committee approved a substitute version of House Bill 105 that would also allow institutions of higher education to petition the state Department of Agriculture to grow industrial hemp for the purposes of research.

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

This Week's Corrupt Cops Stories

Posted in:

A drug court probation officer parties down with one of his clients, a Georgia cop goes to prison for ripping off a drug dealer, and so does a Philadelphia cop. Keep an eye on Philly. The stench is really rising there. Let's get to it:

In Philadelphia, a former Philadelphia narcotics officer pleaded guilty Monday to attempted robbery and firearms charges for stealing $15,000 from a Southwest Philly drug dealer after planting cocaine in his car. Jeffrey Walker, a 24-year veteran of the department, also agreed to testify against his former colleagues in a widening federal probe of corruption in the dope squad, and his lawyer said his crimes paled in comparison with those of other implicated officers.

In Atlanta, a former Clayton County police officer was sentenced last Friday to 10 years in federal prison for conspiring with a drug dealer to do a fake traffic stop on a car so they could steal the cocaine inside. Dwayne Penn copped to one count of conspiracy to distribute over five kilograms of cocaine.

In Springfield, Illinois, the former head probation officer for the Adams County drug court was sentenced Monday to 30 days in jail and 200 hours of community service after pleading guilty to turning his home into a "drug house." John Grotts was arrested in April 2012 after a search of his home turned up meth and a female drug court probationer, who was also arrested.

Chronicle AM -- February 26, 2014

A Maryland police chief embarrasses himself with bogus marijuana death claims, welfare drug testing bills face challenges in the Deep South, a hemp bill advances in Indiana, Russia's drug czar says "nyet" to legalization, and more. Let's get to it:

Marijuana Policy

Maryland Decriminalization, Legalization Bills Get Hearing; Police Chief Cites Hoax Story About Pot Overdose Deaths. Sen. Robert Zirkin's (D-Baltimore) Senate Bill 364, which would decriminalize marijuana possession, and Sen. Jamie Raskin's (D-Montgomery County) Senate Bill 658, which would legalize marijuana, got hearings in the Senate Judiciary Committee Tuesday. Law enforcement opposed the bills, while leaders of the ACLU and NORML members supported it. The lowlight of the hearing was Annapolis Police Chief Michael Pristoop's testimony mentioning an article about 37 overdose deaths the day marijuana became legal in Colorado. After being called out for repeating the hoax story by Sen. Raskin, Pristoop quickly backtracked.

Iowa Semi-Decriminalization Bill Introduced. A bill that would remove the possibility of jail time for possession of less than an ounce and a half of marijuana has been introduced by Rep. Bruce Hunter (D-Des Moines). It's not a true decriminalization bill because it would keep simple possession as a misdemeanor offense. House File 2313 has been referred to the House Judiciary Committee. Click on the link to read the bill.

Texas Poll Finds Near Majority for Legalization. Almost half -- 49% -- of Texans surveyed in a University of Texas/Texas Tribune poll support legalizing weed in either small quantities (32%) or any quantity (17%). Another 28% supported legalization only for medical purposes, while only 23% opposed any form of legalization.

New York Poll Finds Majority Oppose Legalization. A new Siena poll has support for legalization at only 43%, with 53% opposed. That contrasts with a recent Q Poll that had New Yorkers supporting legalization 57% to 39%. Differences in the questions asked and the margin of error in the polls may account for the difference. Or New Yorkers are conflicted.

Medical Marijuana

Kentucky CBD Medical Marijuana Bill Advances. A bill that would allow for the trial use of high CBD cannabis oil to treat childhood epileptic seizures was approved by the Senate Health and Welfare Committee Wednesday. Senate Bill 124 now heads for the Senate floor.

Hemp

Hemp Bill Advances in Indiana. A bill to legalize the production of industrial hemp passed the House Agriculture Committee Tuesday and now heads for the House floor. The bill is Senate Bill 357. It has already passed the Senate.

Drug Testing

Welfare Drug Testing Bill Advances in Georgia. A bill that would require food stamp and welfare recipients to undergo drug testing upon "reasonable suspicion" passed the House Judiciary Committee Monday. House Bill 772 now moves to the House floor.

Welfare Drug Testing Bill Stalls in Alabama Senate. A bill requiring drug testing of some welfare applicants hit a roadblock in the Senate Tuesday when Senate President Pro Tem Del Marsh (R-Anniston) adjourned the body after Democrats began fighting the bill. Senate Bill 63 would require drug testing of any applicant with a drug conviction in the last five years. It is just one of five bills in the Republican agenda to tighten regulations for public assistance.

Sentencing

West Virginia Senate Approves Draconian Drug Sentencing Bill. A bill that would increase the penalty for bringing drugs into West Virginia from one year to up to 15 years passed the Senate Monday. It now goes to the House.

International

Russian Drug Czar Rules Out Marijuana Legalization, Methadone Maintenance. The head of Russia's Federal Drug Control Service has called marijuana a dangerous gateway drug and said the authorities did not plan to legalize it, or to allow methadone treatment for heroin addicts. "Marijuana users have a 50 or 60 times higher risk of switching to heroin. There is one step from dope to heroin," Viktor Ivanov said in an interview with the Interfax news agency. He completely ruled out legalization, saying it was too risky in an advanced society. "Today we live in the age of high technology, a lot of things are managed with the help of computer systems. Someone who works at a nuclear power plant can wreak real havoc after smoking marijuana," he said. Ivanov also scoffed at needle exchange and methadone maintenance, saying there was little reliable evidence methadone maintenance worked. [Ed: Ivanov must have missed the entirety large body of research done on both needle exchange and methadone maintenance, which has found them to be effective and of paramount importance.]

Colombia's FARC Calls for Dismantling Drug-Paramilitary Nexus. Colombia's FARC guerrilla army called Tuesday for the dismantling of drug and paramilitary organizations it said were embedded within the Colombian state. The call was part of the FARC's six-point program to deal with the drug issue in the country, which is the fourth item on the agenda of peace talks between the FARC and the Colombian government.

British Chief Constable Says Give Heroin to Addicts. Mike Barton, Chief Constable for Dunham Constabulary, is calling for heroin maintenance for addicts. Such a move would "take money out of drug dealers' pockets," he said, adding that it "isn't practical" to simply arrest addicts. His comments come in a BBC documentary in which he went to Copenhagen to visit drug consumption rooms there.

Chronicle AM -- February 25, 2014

A Europe-wide marijuana legalization initiative campaign is underway, a Republican legalization group will hold its first meeting in Texas, there's still a California legalization initiative trying to make the ballot this year, state legislatures deal reflexively with familiar drug issues, and more. Let's get to it:

The times they are a-changing.
Marijuana Policy

DC Election Board Hears Arguments to Allow Legalization Initiative on Ballot. The District of Columbia Board of Elections heard proponents of a DC legalization initiative argue Tuesday that they should okay the measure for the ballot. The hearing comes days after DC Attorney General Irvin Nathan urged the board to reject the measure because it would conflict with a provision of federal law requiring that residents of public housing be evicted for drug possession. Nathan's opinion is not binding. The board said it would act on the matter within a week.

One California Legalization Initiative Remains and is Seeking $2 Million. And then there was one. The California Cannabis Hemp Initiative has fallen short of its signature-gathering goal and will not make the ballot this year. The Drug Policy Alliance-backed initiative has been set aside for this year, and the Ed Rosenthal initiative designed as an alternative to it, has now likewise been set aside. That leaves only the Marijuana Control, Legalization & Revenue Act, which has until April 18 to gather more than 500,000 valid voter signatures. San Jose dispensary operator and initiative proponent Dave Hodges said the campaign needs $2 million to gather those signatures, and it is still doable. Click on the link for more details.

Republicans Against Marijuana Prohibition to Hold First Meeting in Houston. Yeah, you read that right. Republicans Against Marijuana Prohibition, a national caucus founded in 2012 by Ann Lee, mother of Oaksterdam's Richard Lee, will host its inaugural meeting March 15 in Houston. Click on either link for more details.

New Georgia Poll Has Majority for Legalization. A new Public Policy polling survey finds that 54% of Georgia voters want to see marijuana legalized for recreational use. Support for decriminalization was at 62%. Click on the survey link for further demographic info.

Medical Marijuana

Fed Delay in Supplying Marijuana Blocks PTSD Research. The US Public Health Service (PHS) is blocking researchers who are seeking to learn more about the risks and benefits of using marijuana to treat PTSD, the Multidisciplinary Association for Psychedelic Studies (MAPS) said Monday. A Food and Drug Administration (FDA) and University of Arizona Institutional Review Board (IRB)-approved protocol for a study of marijuana for symptoms of PTSD in US veterans, sponsored by MAPS, has been on hold for over 3½ months, as researchers wait for the PHS to respond to their request to purchase marijuana for the study. The study would explore the safety and effectiveness of smoked and/or vaporized marijuana for 50 U.S. veterans with chronic, treatment-resistant PTSD. Animal studies have already shown that marijuana helps quiet an overactive fear system, but no controlled clinical studies have taken place with PTSD patients. The PHS marijuana review process exists only because the National Institute on Drug Abuse (NIDA) has a Drug Enforcement Administration (DEA)-protected monopoly on the supply of marijuana legal for use in FDA-regulated research. This additional review is not required for research on any other Schedule I drug.

Tampa Medical Marijuana Debate Gets Rowdy. Tampa Bay area residents got an earful at a debate over medical marijuana Monday night. Local news reports said there was "screaming, yelling, and even people dragged out" as Alan St. Pierre of NORML and Florida attorney John Morgan, the man behind the state's medical marijuana initiative, squared off against Kevin Sabet of Project SAM and prehistoric prohibitionist Dr. Eric Voth.

Georgia CBD Medical Marijuana Bill Stalled in Committee. A bill that would allow for the use of CBD cannabis oil to treat epileptic seizures in children is stuck in committee as lawmakers grapple with the issue of how to obtain it. Either growing it or importing it would violate state law. The bill is House Bill 885, which is stuck in the House Health and Human Services Committee.

Oregon Dispensary Regulation Bill Amended to Allow Local Bans. The Oregon bill to legalize and regulate dispensaries statewide, Senate Bill 1531, was amended in a Senate committee vote to allow localities to not just regulate dispensaries, but to ban them. The bill has passed the Senate and is now before the House Judiciary Committee. The statewide dispensary regulation system is scheduled to begin March 3.

Methamphetamine

Michigan Bills to Restrict Pseudoephedrine Purchases Moving. A package of bills designed to crack down on the use of pseudoephedrine in the manufacture of meth passed the state Senate last week. They would ban the sale of the chemical to people with meth convictions and make it a 10-year felony to buy the stuff knowing it's intended to make meth. The bills, sponsored by Sen. John Proos (R-St. Joseph) are Senate Bill 535, Senate Bill 563, Senate Bill 564, and Senate Bill 756.

Prescription Drugs

Oklahoma Prescription Drug Database Bill Moving. A bill that would require doctors to check an online prescription database before prescribing drugs with abuse potential passed the Senate Health and Human Services Committee Monday. Senate Bill 1821, sponsored by Sen. A.J. Griffin (R-Guthrie) now heads for a Senate floor vote.

International

European "Weed Like to Talk" Citizens' Initiative Underway. In the European Union, voters can submit "citizen initiatives" that require EU legislators to propose legislation if they reach a million signatures. The "Weed Like to Talk" initiative began collecting signatures last week for an effort to legalize marijuana. It has about 35,000 signatures so far. Click here to see a by-country count.

Chronicle AM -- February 24, 2014

Marijuana politics continues to dominate the drug news, but meanwhile, the FDA has banned its first tobacco product, the DEA wants you to snitch out pain pill abusers, Delaware makes diverting a pain pill a felony -- and speaking of Delaware and diversion, someone has been diverting Oxycontin from the medical examiner's office, and more. Let's get to it:

Indian-style "bidi" cigarettes -- been banned by the FDA. (wikimedia.org)
Marijuana Policy

Bankers Still Leery Over Doing Marijuana Business. Although the federal government has issued new guidelines designed to ease their fears, financial institutions need to be convinced that they will not be prosecuted should they open accounts for marijuana businesses. "As it stands, possession or distribution of marijuana violates federal law, and banks that provide support for those activities face the risk of prosecution and assorted sanctions," said Frank Keating, president of the American Bankers Association. While he appreciates the effort by the feds, "that doesn't alter the underlying challenge for banks," he added.

Governors Not Too Keen on Legalization. The nation's governors gathered for the National Governors' Association meeting over the weekend, and they were generally not eager to follow Colorado and Washington down the path toward legalization. They worried about the kids and public safety, and Colorado Gov. John Hickenlooper (D) counseled them to go slow.

Zero Tolerance DUID Bill Introduced in California. Assemblymen Jim Frazier (D-Oakley) and Lou Correa (D-Santa Ana) have introduced a bill that would make it illegal to drive with any detectable amount of THC in one's blood. The bill is Assembly Bill 2500. Correa introduced a similar measure last year, but it was defeated.

Forty Maine Lawmakers Urge Consideration of Marijuana Legalization. On Friday, more than 40 state lawmakers in Maine co-signed a memo authored by State Representative Diane Russell that was delivered to the Appropriations & Financial Affairs Committee. The memo encouraged the committee to keep all options on the table in their upcoming financial deliberations, including potential tax revenue derived from an adult, non-medical market for marijuana. "All options should be on the table," Rep. Russell stated in the memo. "In this spirit, we propose committee members give serious consideration to the revenue options associated with legalizing, taxing and regulating cannabis for responsible adult use."

Marijuana Legalization Bill Filed in Florida. Rep. Randolph Bracy (D-Orange County) last Thursday introduced a legalization bill, House Bill 1039. No word yet on where it's headed.

Maryland Marijuana Reform Measures Get Hearings Tuesday. The Senate Judicial Proceedings Committee will hold hearings on a legalization bill and a decriminalization bill Tuesday. The legalization bill is Senate Bill 658, sponsored by Sen. Jamie Raskin (D-Montgomery). The decriminalization bill is Senate Bill 364, sponsored by Sen. Robert Zirkin (D-Baltimore).

Maryland Poll Has Plurality for Legalization. A new Washington Post poll has support for marijuana legalization at 49%, with 43% opposed. Of those opposed, 48% support decriminalization. That means support for decrim is over 70%.

Medical Marijuana

Big Majority for Medical Marijuana in Ohio. A new Quinnipiac poll has support for medical marijuana at 87% in the Buckeye State.

Utah CBD Medical Marijuana Bill Passes House Committee. A bill that would allow children with epilepsy to use high-CBD cannabis oil passed the House Law Enforcement Committee on an 8-2 vote last Thursday. House Bill 105 now heads to the House floor.

Prescription Drugs

Delaware Law Makes Taking Your Brother's Pain Pills a Felony. A bill drafted by state Attorney General Beau Biden in a bid to stop illegal prescription drug use makes it a felony for a family member or health care professional to divert prescription medications. Offenders will also be placed on a scarlet letter list, the Adult Abuse Registry. House Bill 154 was signed into law by Gov. Jack Markell (D) last week.

Law Enforcement

Missing Dope Scandal at Delaware Medical Examiner's Office. Drugs sent to the Medical Examiner's Office for testing between 2010 and 2012 have gone missing, sometimes replaced with fakes, investigators said Saturday. At least 15 drug cases have been flagged as having tainted or missing evidence, but that could just be the tip of the iceberg. Almost all of the cases involve Oxycontin. The Medical Examiner's Office has quit doing drug analysis for the time being as the investigation continues.

Jury Awards $2.3 Million to Family of Georgia Pastor Killed By Narcs. A federal jury has awarded $2.3 million to the wife of Jonathan Ayers, a Georgia pastor gunned down by plainclothes narcotics officers as he attempted to flee from them at a gas station. They were investigating a woman who had allegedly sold $50 worth of cocaine, and saw her in his car. The narcs jumped out at Ayers and he attempted to flee, slightly striking one of them. They then shot him nine times, killing him. Read Radley Balko's complete piece at the link above to get all the hideous details.

DEA Wants You to Rat Out Suspected Pain Pill Abusers. The DEA is rolling out a new text-messaging system to report illegal prescription drug use and sales. Pilot programs are underway in Philadelphia and Georgia. The federal agency is also distributing pamphlets to 1,200 Atlanta-area pharmacies to encourage the use of the reporting system.

Tobacco

FDA Bans First Tobacco Product. For the first time, the Food and Drug Administration (FDA) has used its regulatory powers to ban a tobacco product. The agency moved against "bidis," a style of cigarette from India. Banned are Sutra Bidis Red, Sutra Bidis Menthol, Sutra Bidis Red Cone, and Sutra Bidis Menthol Cone, which are manufactured by Jash International. FDA used its authority under the 2009 Family Smoking Prevention and Tobacco Control Act to ban them as "not substantially equivalent" to tobacco products sold as of February 15, 2007.

Harm Reduction

Georgia Harm Reduction Bills Moving. A 911 Good Samaritan bill (House Bill 965) and a naloxone access bill (House Bill 966) are moving in the legislature. The former passed out of the House Rules Committee Monday and is set for a floor vote tomorrow, while the later goes before the Rules Committee tomorrow. It's time to call your representatives, says Georgia Overdose Prevention.

Buffalo Police to Carry Opioid Overdose Reversal Drug. Police in Buffalo, New York, are the latest law enforcement personnel to begin carrying naloxone, the opioid overdose reversal drug, with them in a bid to reduce overdose deaths. "We've seen a nationwide epidemic of heroin overdoses. It's hitting Buffalo. It's hitting the suburbs," said Police Commissioner Daniel Derenda. "Basically, if somebody's overdosing, this could save their life."

International

Italian Harm Reductionists Call for Thorough Review of Drug Policies. The Italian Harm Reduction Association (ITARDD) issued an open letter Monday calling on politicians and the state to engage in a national dialogue about drug policy that includes harm reduction. The group also called for control over drug policy to be taken from the Anti-Drug Policy Department and be put in the hands of the health and welfare ministries.

Belgian Socialists Adopt Marijuana Legalization Plank. The Belgian socialist party SP.A (the Flemish socialist party) narrowly adopted a proposal by its Young Socialist section to legalize marijuana. The move came at the party's congress in Brussels, ahead of elections set for May 25.

Jamaica Governing Party Legislative Leader Hints Decriminalization is Coming. Leader of Government Business in the House of Representatives Phillip Paulwell signaled that decriminalization is coming to Jamaica this year. "It is my view that decriminalization of the weed will become a reality this (calendar) year, arising from the parliamentary debate and the support by the majority of the members, I believe it will be approved this year." But legalization is out of the question for now, he added.

The Capture of El Chapo: A Capo Gone, But the Trade Goes On [FEATURE]

Special to the Chronicle by Bernd Debusmann, Jr., who is currently studying for an MA in International Journalism at City University London. Prior to that, he lived and worked in his native Mexico, most of it as a full-time freelancer for Reuters TV, also contributing to Fox Latino. Earlier he worked as a reporter in New York City and as a freelance producer for the Reuters Latin American Television Desk in Washington DC, during which time he dealt with many drug trafficking stories. During 2010 and 2011 he authored the weekly Mexico Drug War Update published by this newsletter, available in our Mexican Drug War archive section.

At around 06:40 on the morning of Saturday, February 22nd, Mexican marines and police officers arrested Sinaloa Cartel boss Joaquin "El Chapo" Guzman at a condominium in the Pacific resort town of Mazatlan. Without a doubt, Guzman is the most significant organized criminal captured or killed since the current Mexican drug war began in December 2006. But what effect will his capture have on the violence in Mexico and the flow of drugs to American consumers? Not much.

El Chapo in the custody of Mexican Marines Saturday (sedena.gob.mx)
Guzman was widely regarded as the world's most powerful drug trafficker, and his aggressive organization has been a significant contributor to the violence that has gripped Mexico in recent years. This is especially true in Tijuana and Ciudad Juarez, where the Sinaloa Cartel's bloody and drawn-out takeover of the access routes to the US drug market left thousands dead over the course of a three year orgy of violence.

Since his January 2001 escape from prison, Guzman turned into a mythic figure, Mexico's answer to Osama bin Laden. For much of his administration, former president Felipe Calderon was dogged by accusations that he was protecting Guzman, and ridiculed for not being able to find him. In February 2013, the Chicago Crime Commission named him "Public Enemy #1" for his role trafficking wholesale quantities of cocaine and heroin to the city.

Given his notoriety, Guzman's successful capture is a significant PR victory for the PRI administration of President Enrique Pena Nieto, as well as for the DEA and other American law enforcement agencies. But the victory may well prove much more symbolic than strategically meaningful.

Guzman's capture does not mean an end to the Sinaloa Cartel, a long-established and sophisticated organization whose tentacles spread across the world. The cartel is often referred to as "The Federation," of which Guzman was not the only leader. In his absence, much of the organization will likely come under the control of Ismael Zambada Garcia, aka "El Mayo," a capable and intelligent career drug trafficker considered by many to have been Guzman's equal. The organization can also count on the services of Juan Jose Esparragoza Moreno, aka "El Azul," a crafty former police officer well known for serving as a peacemaker between rival criminal organizations.

Another possibility is that Guzman may well be able to continue to exercise some control over the organization from inside prison, as he did the last time he was incarcerated. Mexico's prisons are notoriously corrupt, and many drug traffickers and criminals have been able to continue to direct the day-to-day operations of their organizations in relative comfort in posh cells.

Guzman's capture is very unlikely to have an effect on the overall level of violence in Mexico, and may actually lead to an increase in more bloodshed and mayhem if the Federation were to break up into rival factions fighting to fill the vacuum. Many Mexican narco-blogs are already theorizing that Guzman was given up by members of his own organization, perhaps even El Mayo himself.

This was the case after the 2009 killing of Arturo Beltran Leyva, which led violence to spike as his underlings fought amongst themselves to fill the void. It should also be noted that Beltran Leyva's organization was considered part of the Sinaloa Cartel until a violent split with Guzman in 2008, demonstrating the fickle and fluid nature of these organizations.

Another possibility is that -- sensing an opportunity -- Sinaloa Cartel rivals such as the notoriously violent Zetas will take advantage of the arrest and go on the offensive in Sinaloa's turf. This is not without precedent. In mid-2012, the Zetas, along with elements of the Beltran-Leyva organization and the Juarez Cartel, made a push into Sinaloa-controlled territory in mountains of the Sierra Madre.

By the American government's own admission, the Sinaloa Cartel has dozens -- if not hundreds -- of distribution cells across the US, as well as Europe. Additionally, the cartel is thought to have an organized logistical network across Central and South America. Guzman's arrest leaves these networks intact, and business will continue regardless of who is in charge.

That happened after the 1993 killing of Pablo Escobar in Colombia. Despite having eliminated the world's most wanted drug trafficker of the time and leaving the Medellin Cartel in tatters, the northbound flow of cocaine continued. His organization splintered into several smaller organizations, which, while being less capable of challenging the state, were more than up to the task of keeping business going at a steady pace.

Guzman was an immensely important drug trafficker with few equals and had the blood of thousands on his hands. His freedom had become an embarrassment to the Mexican government, and his eventual downfall was inevitable. But it is unlikely to have any significant impact on the flow of drugs from and through Mexico, or on the violence that continues to plague large swathes of the country.

As long as Mexican cartels can deliver the illegal commodities that American (and European) customers want, drug trafficking organizations will continue to exist. While there are very few drug traffickers currently of the same calibre as Guzman, as long as prohibition continues there will be ruthless, violent and intelligent individuals who want to profit from it. This means that there will always be a pool of people to replace men like Guzman. Only through sensible drug laws and demand reduction can these organizations be weakened and eventually driven out of business.

Chronicle AM -- February 21, 2014

Marijuana legalization in the District of Columbia hits a bump, the Epilepsy Foundation comes out for medical marijuana, India passes landmark access to pain medication legislation, and more. Let's get to it:

"Big Plans, Little Brains." Canada's criminally cretinous Trailer Park Boys fight marijuana legalization in their latest flick.
Marijuana Policy

DC's Top Lawyer Says Proposed Legalization Ordinance Can't Go to Voters. District of Columbia Attorney General Irvin Nathan issued a formal opinion yesterday saying the proposed DC marijuana legalization initiative should not go before the voters because it violates federal law. His opinion is not binding, but carries weight with the Board of Elections, which meets on the issue next Tuesday. Initiative backers are scrambling to see if they can't fix the language in question before then.

New Mexico House Approves Study of Legalization Effects. The state House late Wednesday passed a nonbinding memorial (bill) that calls for studying the effects of marijuana legalization in Colorado and Washington. Under the measure, the Legislative Finance Committee would conduct the study and report its findings later this year. The committee will be looking specifically at state revenue and agricultural production levels as well as addiction rates and the availability of law enforcement resources. The bill is House Memorial 38.

Medical Marijuana

Epilepsy Foundation Calls for Access to Medical Marijuana, Tells DEA to Back Off. "The Epilepsy Foundation supports the rights of patients and families living with seizures and epilepsy to access physician directed care, including medical marijuana. Nothing should stand in the way of patients gaining access to potentially life-saving treatment," said Epilepsy Foundation President and CEO Philip M. Gattone and Epilepsy Foundation Board of Directors Chairman Warren Lammert. "If a patient and their healthcare professionals feel that the potential benefits of medical marijuana for uncontrolled epilepsy outweigh the risks, then families need to have that legal option now -- not in five years or ten years. For people living with severe uncontrolled epilepsy, time is not on their side." The foundation said it was moved to act after getting repeated inquiries about the use of medical marijuana, especially high CBD cannabis oils. It also urged the DEA to get out of the way. Click on the link to read the press release.

New Jersey Patients Air Grievances Before Assembly Committee. Medical marijuana patients and advocates got a chance to lay out their problems with the state's medical marijuana program Thursday at a hearing of the Assembly Regulatory Oversight Committee. Click on the link to get all the details.

Maryland Medical Marijuana Program Still 18 Months Away, Official Says. Dr. Paul Davies, head of the commission set up to oversee the implementation of a medical marijuana program told lawmakers Thursday that the initiative is at least 18 months away from offering pain relief to the first patients. And that's the best-case scenario.

Harm Reduction

Naloxone (Opioid Overdose Reversal Drug) Bills Move in Ohio, Wisconsin. Bills that would expand access to the opioid overdose reversal drug naloxone (Narcan) are moving in Ohio and Wisconsin. The Christian Science Monitor mentions these bills in a broader article on states moving to respond opioid overdoses. Click on the link to read the whole thing.

International

India's Rajya Sabha Passes Bill to Increase Access to Opiate Pain Medications. India's parliament has passed a bill that will ease access to opiate pain medications. The Narcotic Drugs and Psychotropic Substances (Amendment) Bill, 2014, was passed by the Rajya Sabha, or upper house Friday. It had passed the Lok Sabha, or lower house, the day before. The law will bring relief to thousands of cancer patients in the country who use opiates for acute and chronic pain relief. It had been pushed by the Indian Association for Palliative Care, among other groups.

Canadian Pro-Legalization Group Seeks Candidates to Support in Next Year's Elections. A new organization, Legalize Canada, has popped-up with the intent of "supporting strong and vocal pro-legalization candidates for public office" in the 2015 federal election. The group said it had identified 95 to 100 ridings (legislative districts) out of 338 in the country where support for legalization could be a critical, election-winning issue. The group says it is aiming for a $7 million budget.

Canada's Trailer Park Boys Say Don't Legalize It. Canada's cult TV and movie phenomenon, Trailer Park Boys, is back with a new sequel, Trailer Park Boys 3: Don't Legalize It. Ricky, Julian, Bubbles, and the rest of the crew have too much invested in their latest criminal pot growing scheme to put up with legal weed.

Seven Killed in Philippines Drug Raid. Philippines anti-drug police killed seven suspected drug dealers and arrested several more in a Friday raid on the outskirts of Davao City. "They put up a fight and were killed in the process," Mayor Rodrigo Duterte said here when asked about the deaths. Duterte has long been suspected of being behind extrajudicial killings in Davao City, an accusation the Aquino administration ally has repeatedly denied.

Top Lawyer's Opinion Threatens DC Marijuana Legalization Initiative

The District of Columbia's attorney general, Irvin Nathan, has issued an opinion saying that the proposed DC marijuana legalization initiative should not go before the voters because it violates federal law. Nathan sent the opinion to the DC Board of Elections Thursday, ahead of its Tuesday meeting to decide whether or not to approve it.

Nathan's opinion is not binding, board spokesperson Tamara Robinson told the Washington Times.

"We take all comments into consideration, whether they are from the AGs office or written from DC residents," Robinson said. "At times we have agreed with the attorney general's office on certain matters and at times we don't."

But if the board agrees with the city's top lawyer next week, that could mean back to the drawing board for the initiative's proponents, the DC Cannabis Coalition. That in turn could mean its chance of actually gathering enough signatures to qualify for the November 2014 ballot before the clock ran out would be greatly diminished.

In his opinion, Nathan took issue with a passage in the initiative that says "no district government agency or office shall limit or refuse to provide any facility service, program or benefit to any person" based on the legalization of marijuana."

That language conflicts with the Anti-Drug Abuse Act of 1988, which "requires that public housing leases make 'drug-related criminal activity' on or off public housing premises a cause for terminating a public housing lease," he wrote. "The proposed initiative would prohibit leases from containing such language and prohibit the District from evicting a public-housing tenant who, in violation of federal law and the lease, possessed small quantities of marijuana."

The coalition's Adam Eidinger told the Times said he is working with coalition lawyers from his to see if the questioned wording in the initiative can be changed ahead of the Tuesday hearing.

"It might just be a matter of four words that have to be changed," Eidinger said. "I don't want to lose our opportunity to collect signatures."

The initiative would legalize the possession of up to two ounces of marijuana and allow for growing up to six plants. It would not legalize the sale of marijuana or allow for marijuana retail stores.

The DC city council is preparing for a final vote to decriminalize marijuana possession next month, and there are efforts underway to get a legalization bill moving in the council, but initiative advocates hope that they can either get on the ballot and let voters decide or use the initiative as a sword over the head of the council to prod it to act.

Washington, DC
United States

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