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Chronicle AM -- January 2, 2014

The New Year starts off with a whole bunch of marijuana news, the DEA Cartagena prostitution scandal gets an update, another Republican governor calls for welfare drug testing, and a South Korean comedian gets hammered for toking up. And more. Let's get to it:

South Korean comedian and actress Song In Hwa gets sent to jail for smoking pot. (Facebook)
Marijuana Policy

Colorado Marijuana Stores Open for Business; Sky Doesn't Fall, But Crowds Form. Crowds of would-be customers braved long lines in frigid, snow-blown conditions Wednesday to be able to participate in the historic first day of legal retail marijuana sales to adults in Colorado. The biggest apparent problem was feared supply shortages, leading some retailers to either limit purchases to a quarter-ounce (state law allows purchases of up to an ounce for residents) or raise prices, or both.

Washington State Marijuana Business Applications Top 5,000. As of year's end, state officials have processed more than 5,000 marijuana business applications, the state Liquor Control Board, which is in charge of the process, said Tuesday. There were 1,312 applications for retail outlets, but the state plans to cap their number at 324, so there will be competition. There were also 2,113 applications for cultivation licenses and 1,512 for processing facilities. And there will be more. Although the application window closed December 20, officials are still processing backlogged applications.

New Hampshire House to Vote This Month on Legalizing Marijuana. The New Hampshire House will vote later this month on a bill that would legalize the possession of up to an ounce by adults 21 and over. But even if it passes the House, it faces an uphill battle. Last year, the Senate rejected a bill to decriminalize a quarter-ounce, and Gov. Margaret Hassan (D) opposed even decrim.

Vermont Marijuana Legalization Bill Introduced. State Sen. David Zuckerman (P-Chittenden) has introduced a bill to tax, regulate, and legalize the production, sale, and use of marijuana, but he said he doubted it would pass this year. The state decriminalized possession last year, and Gov. Peter Shumlin (D) has said legalization isn't a priority this year. The Marijuana Policy Project said it would use this year to build a consensus for legalization, with an eye on 2015.

Marijuana Decriminalization Bill Coming Back in Hawaii. Marijuana decriminalization got through the state Senate last year, but got stuck in the House. Proponents will try again this year, Pam Lichty of the Drug Policy Forum of Hawaii told local media.

Medical Marijuana

Illinois Medical Marijuana Law Goes Into Effect. Illinois' medical marijuana law went into effect on New Year's Day. Sort of. Patients aren't protected until they have signed up with a state registry, which will not be open until the spring at the earliest, and regulatory agencies are going to spend the next four months establishing rules and regulations for cultivation and distribution. Cultivation applications might be accepted by the fall. In the meantime, the state has created the Medical Marijuana Pilot Program web site, which will have updates and information on the state's progress.

Washington State Wants Medical Marijuana Businesses to Pay Taxes. The state Department of Revenue said Tuesday it will send letters to several hundred medical marijuana businesses informing them that they need to be registered and paying taxes. The department is giving the businesses until January 24 to comply. Some medical marijuana businesses already pay taxes, but others don't, arguing that medical marijuana should be treated like prescription drugs, which are untaxed.

Drug Testing

Mississippi Governor to Push for Welfare Drug Testing. In an interview with the Associated Press, Mississippi Gov. Phil Bryant (R) said he wants to require drug tests for recipients of the Temporary Assistance to Needy Families (TANF) program. Bryant's comments came just hours after a federal judge threw out Florida's suspicionless welfare drug testing law as unconstitutional and as "reasonable suspicion" welfare drug testing laws in states like Utah and Minnesota have come under fire as costly and unnecessary.

Law Enforcement

Sleazy Details of DEA Cartagena Prostitution Scandal Emerge. A FOIA request from Foreign Policy has resulted in the release of a Justice Department Office of the Inspector General report on the scandal surrounding Secret Service and DEA agents who accompanied President Obama to the Summit of the Americas in Cartagena, Colombia, in April 2012. The report is full of juicy, sleazy detail on agents making dozens of calls to prostitutes on their government-issued cell phones, searching for dates with transvestite prostitutes, and seeking to redefine "sex" as not including paying hookers to masturbate them and "prostitution" as not what they had engaged in by paying hookers for sex acts. The OIG said that latter claim defied "common sense and legal definitions." Click on the link for more.

International

South Korean Comedian Gets Six Months in Jail for Smoking Pot. South Korean comedian Song In Hwa was sentenced to six months in prison last Saturday after she was found guilty of using marijuana on two separate occasions, one of them in a Las Vegas hotel room, the other one with her older sister in an unspecified location. The older sister got hit even harder, getting two years in prison. Both sisters also received additional years of jail time with the remainder of the sentences suspended. "Marijuana use by a celebrity is not a light crime given its bad influence on society, but considering the defense's recognition of the crime, her reflection, and the fact that it was only two times, we gave her a suspended sentence," the court said.

Peru Will Seek to Increase Coca Eradication This Year. Peru has set a target of eradicating 75,000 acres of coca this year, the head of the country's anti-drug agency, DEVIDA, said Wednesday. That's up from about 58,000 acres actually eradicated last year. Peru has surpassed Colombia as the world's number one coca and cocaine producer, and the government of President Ollanta Humala has taken an increasingly hard line against illicit coca-growing. Eradication efforts will target the Apurimac, Ene, and Mantaro river valleys (VRAEM). The government also plans alternative development and crop substitution schemes for some 75,000 coca-growing families.

TNI Issues Report on Corruption and Drug-Related Violence in Rosario, Argentina. The Transnational Institute has released the first report in its new Briefing Series on Drug Markets and Violence, focusing on the interior Argentine city of Rosario. Illicit drug trafficking and associated violence and corruption went unremarked there until the killing on New Year's Day 2012 of three community activists sparked attention. Click on the link for the full report

Dutch Crackdown on Marijuana Grow Leads to Increased German Cultivation. German police said Thursday that they have seen a large increase in marijuana grows in empty buildings in the northeastern state of Mecklenburg Western-Pomerania. They blame a Dutch crackdown on marijuana growers that has been in place since 2011. Since then, German cops in the state have busted 50 big grows, up from one or two a year before then.

Swansea University Global Drug Policy Observatory Up and Running. The recently created Global Drug Policy Observatory at Britain's Swansea University, whose goal is "promoting evidence and human rights based drug policy through the comprehensive and rigorous reporting, monitoring and analysis of policy developments at national and international levels," is open for business. Check out its new web site by clicking on the link above.

Federal Judge Throws Out Florida Welfare Drug Test Law

In a ruling out of Orlando Tuesday, US District Court Judge Mary Scriven permanently halted enforcement of Florida's suspicionless drug testing of welfare applicants and recipients. The 2011 law had been in abeyance since a preliminary injunction was issued against it earlier.

"There is nothing inherent in the condition of being impoverished that supports the conclusion that there is a concrete danger that impoverished individuals are prone to drug use," Scriven wrote in her opinion in Lebron v. Florida Department of Children and Families. She found that "there is no set of circumstances under which the warrantless, suspicionless drug testing at issue in this case could be constitutionally applied."

The law required anyone applying for welfare benefits to undergo a drug test without any particularized suspicion that he or she was using drugs. The federal courts have been loath to okay suspicionless drug testing, with a few notable exceptions for workers in public safety positions and some school kids.

Luis Lebron, the plaintiff in the case, who is also the sole caretaker of his disabled mother, was a 35-year-old full-time student at the University of Central Florida when he applied for temporary assistance in July 2011, to support his then 4-year-old son. When informed that he would be subjected to a humiliating and invasive search without cause or suspicion, Lebron refused to waive his Fourth Amendment rights against unreasonable search and seizure by submitting to the newly-required drug test.

"I'm really pleased with the court's decision," said Lebron. "This confirms what I believed all along -- that what the government was asking people like me and my family to do was wrong. I'm proud that standing up against that is going to make a difference for other families like mine."

"This is a victory not just for Luis and his family, but for all Floridians who would have been forced to submit to invasive and humiliating searches of their bodily fluids just because they need temporary help making ends meet," stated Maria Kayanan, Associate Legal Director of the ACLU of Florida and lead attorney on the case. "In reconfirming that the Fourth Amendment protects all of us, regardless of wealth or status, Judge Scriven's decision soundly rejects the notion that the government can treat an entire class of Floridians like suspected criminals simply for being poor. We are thrilled to ring in the New Year with the Court's opinion."

"The Court today affirmed that the 4th Amendment protects everyone, including those who need temporary assistance from the government," stated Randall Berg of the Florida Justice Institute and co-counsel with the ACLU. "Requiring suspicionless drug testing of TANF recipients is a slippery slope toward requiring drug testing for the receipt of any kind of government benefit, including social security, farm subsidies, and student scholarships. A clear line must be drawn, and the court did so today."

Gov. Rick Scott (R) said he would appeal the decision.

Orlando, FL
United States

San Diego Man Busted for Marijuana Dies in Border Patrol Custody

A San Diego man detained by the Border Patrol after being caught carrying three pounds of marijuana died in a holding cell Christmas Eve. Steven Keith, 58, becomes the 41st person to die in US domestic drug law enforcement operations so far this year.

According to the Associated Press, Keith was stopped at a Border Patrol checkpoint on Interstate 8 in Southern California, and authorities found the marijuana, along with unspecified drug paraphernalia and traces of methamphetamine in his vehicle.

He was then arrested and placed in a holding cell, where he collapsed shortly thereafter. Paramedics were unable to revive him.

The Border Patrol said it is cooperating with an investigation being undertaken by the San Diego County Medical Examiner's Office, but as NBC San Diego reported, local human rights activists are pointing out that Keith's is only the latest death in Border Patrol custody.

"Since 2010, we have had more than 20 individuals who have died while in Border Patrol custody. We don't have any answers as to what happened in any of those cases. Those are all pending investigation or investigations that have never even started," said Andrea Guerrero, executive director of Alliance San Diego. "We haven't seen any outcomes on any of the other cases," Guerrero said. "And so, it should be concerning to the general public and for the family that this is yet another case. We're just mounting up cases is all we're doing. We're not getting any answers."

CA
United States

Judge Strikes Down Florida Welfare Drug Test Law

Happy holidays, indeed! First Uruguayan President Mujica give us a Christmas present by signing his country's law legalizing marijuana commerce (no surprise there, really), and now, a federal judge throws invites us to welcome the new year with a ruling throwing out Florida Gov. Rick Scott's (R) welfare drug testing law.

Curses, foiled again...
In a ruling out of Orlando today, US District Court Judge Mary Scriven permanently halted enforcement of the law, agreeing with an earlier court finding that "there is nothing inherent in the condition of being impoverished that supports the conclusion that there is a concrete danger that impoverished individuals are prone to drug use...."

The law required anyone applying for welfare benefits to undergo a drug test without any particularized suspicion that he or she was using drugs. The federal courts have been loath to okay suspicionless drug testing, with a few notable exceptions for workers in public safety positions and some school kids.

The case is Lebron v. Florida Department of Children and Families. We'll have more on it later.

Oh, and the never-say-die Gov. Scott says he will appeal.

Location: 
Orlando, FL
United States

Legal Marijuana No Simple Matter for Colorado Retailers [FEATURE]

special to the Chronicle by Denver-based journalist Rebecca Chavez

Starting January 1, any person in Colorado over the age of 21 can walk into a retail marijuana facility and purchase marijuana with just a show of ID. While the process should be simple for those who choose to imbibe legally, things have not been so simple for the dispensary owners who have made the choice to sell retail marijuana. Luke Ramirez is one of these owners. His store, Walking Raven, sits on one of Denver's busiest streets.

For Ramirez, planning for retail marijuana sales began in February of 2012, when Walking Raven officially endorsed Amendment 64, the legalization initiative that won at the ballot that November. Even with almost two years of planning behind him, he finds that there are still a lot of hurdles to overcome. It wasn't until May of 2013 that Ramirez and other dispensary owners knew what would be expected of them by the state. Even with state legislation settled, Amendment 64 allows for municipalities to come up with even stricter rules for retail marijuana stores.

Denver started working on its own regulations in September, and wasn't done when the Chronicle spoke with Ramirez in late December. Though he was only the seventh person in the city of Denver to apply for a license, the constant changes mean that he won't be able to open until about January 10, over a week beyond the official start of recreational marijuana sales. In late December Ramirez was still getting calls about changes to marijuana laws at the city level.

The process has been similar for dispensary owners all over Denver, which means it might be one of the few places where a legal retail marijuana shortage will happen right away. The licensing for retail locations and retail grows is happening at the same time. This would be a problem for those trying to open on January 1, except that the state has allowed a one-time transfer of medical marijuana to retail. This transfer is how all stores will start, and it gives a little something extra to the consumer as well.

The edible companies have to go through the same process as other marijuana facilities, but some are opting out in the early stages. During the one time transfer, marijuana stores can make some edibles retail that otherwise wouldn't be available. This means some store owners are stockpiling certain items that they feel will be popular with retail consumers.

Ramirez has opted out of stockpiling because he simply can't afford it. The cost of selling retail marijuana is incredibly high, which prices smaller dispensaries out of an immediate switch. All told, Ramirez has spent $60,000 dollars going through the process of getting licensed and prepared to make the switch. Before he actually gets his license he expects to spend about $10,000 more.

Inside Walking Raven (Rebecca Chavez)
Money is a huge concern for retail marijuana dispensaries, and Ramirez is unsure of whether they will be able to make it all back during the first few months of retail sales. He acknowledges that the supply for retail just won't meet the demand, and worries that owners will see the same marijuana shortage that caused some of them to temporarily close their doors in 2012. This, of course, affects the people who work behind the counter. Ramirez wants to make sure that all of his employees are well-taken care of, but he acknowledges that he may have to cut back on hours at some point.

The marijuana shortage has another effect on the market. With marijuana prices possibly going as high as $70 for an eighth, Ramirez says that retail marijuana "won't get rid of the black market until supply meets demand."

In the meantime, his store and many others will have to compete with the grey market that has sprung up on Craigslist since the passage of Amendment 64.

Despite the many difficulties in his way, and the five inspections that he has to go through, Ramirez is confident that he is making the right choice. While he cannot sell retail marijuana at present, he is concerned to ensure that marijuana is still available for his current customers: medical marijuana patients.

"Patients definitely still need medicine," he says, and that's why he's sure to always have some on hand, segregated from retail marijuana for non-patients.

Retail and medical marijuana are sold in the same store, but they have to be kept in separate containers. Medicinal users can purchase retail, but retail consumers cannot get any of the medical marijuana regardless of a possible shortage. Despite eventual plans to sell only 10% of his product as medicinal, Ramirez is determined to always be able to take care of the patients.

They are, after all, the ones that supported him before the end of prohibition in Colorado.

Denver, CO
United States

Chronicle AM -- December 23, 2013

The marijuana court judge was drunk, Dread Pirate Roberts wants his bitcoins back, Beto O'Rourke wants the Border Patrol to answer some questions, Rand Paul and Cory Booker tweet policy, and more. Let's get to it:

Marijuana Policy

Florida "Marijuana Court" Judge Comes to Work Drunk. Florida Judge Gisele Pollack, who pioneered the notion of a "marijuana court," where misdemeanor pot offenders are steered toward treatment, showed up at work last Tuesday drunk out of her mind. When court staff tried to keep her off the bench, she responded, "Fuck you, you're fired." She was also reportedly screaming and crying as she demanded that her car keys be returned to her. She later told reporters she would be off for two weeks in "an intense outpatient program."

Medical Marijuana

Florida Signature-Gatherers Held Day of Action Saturday. Organizers for the campaign to put a medical marijuana initiative on the Florida ballot held a "Day of Action" Saturday as their effort heads into its final weeks. Supporters set up locations in 14 cities, including Daytona Beach and Orlando, where volunteers picked up and dropped off petitions. They need 700,000 to make the ballot, but are seeking to gather one million to have a cushion.

Asset Forfeiture

Silk Road's Dread Pirate Roberts Wants His Bitcoins Back. Ross Ulbricht, also known online as the Dread Pirate Roberts, is asking the federal government to return more than $30 million worth of bitcoins it seized after it shut down his Silk Road web site for allowing visitors to buy and sell illegal drugs and other contraband. Ulbricht argues in a legal filing that the currency should be returned because it isn't subject to civil forfeiture rules.

Law Enforcement

Beto O'Rourke Calls for Investigation into Heavy-Handed Border Drug Searches. US Rep. Beto O'Rourke (D-TX) is calling for an investigation into border drug search practices after, in the latest border search scandal, a New Mexico woman is suing after having been subjected to body cavity searches, including anal and vaginal probes while crossing into El Paso from Mexico. "Recent allegations brought against CBP for extreme and illegal searches are deeply troubling and, if true, completely unacceptable," O'Rourke said. "Individuals do not waive their constitutional or human rights simply because they choose to cross one of our international bridges. The war on drugs cannot be an excuse for sexual assault under the color of legal authority. Constitutional limits exist so that the rights of our citizens are protected and the government does not deprive any person of life, liberty, or property, without due process of law," O'Rourke said. "CBP has a responsibility to ensure that all persons entering into our country are treated humanely and in accordance with our laws."

Sentencing Reform

Paul-Booker Tweet Fest Could Be Harbinger of Reform Alliance Next Year. Sens. Rand Paul (R-KY) and Cory Booker (D-NJ) engaged in a Twitter exchange today that could augur cooperation on moving forward with sentencing reform and marijuana and hemp legalization next year. Both are among the highest-profile senators seeking sentencing reform. Read the exchange at the link.

International

A Thousand Rally for Marijuana Legalization in Tel Aviv. More than a thousand people rallied in Tel Aviv's Rabin Square Saturday night in favor of marijuana legalization and easing restrictions on medical marijuana. Likud lawmaker Moshe Feiglin and Meretz lawmaker Tamar Zandberg have proposed a bill that would legalize marijuana and ease access to it for medical use.

Costa Rica Presidential Candidates Not Keen On Marijuana Legalization. Costa Rica's two leading presidential candidates have said they do not support the full legalization of marijuana in Costa Rica. Proponents of medical marijuana, however, might glean some hope from the candidates' responses. Front-runners Johnny Araya of the National Liberation Party and Jose Maria Villalta of the Broad Front are lukewarm at best on marijuana reform. Araya said "I'm against legalizing marijuana in Costa Rica," while Villalta, while not endorsing legalization, at least called for "a broad national dialogue" on the issue.

SF DA and San Diego Police Chief File Defelonization Initiative

San Francisco District Attorney George Gascon and San Diego Police Chief William Landsdowne filed an initiative with state officials Thursday that would defelonize most drug possession and nonviolent offenses. The move comes on the heels of so far fruitless efforts to get a defelonization bill through the state legislature.

San Francisco District Attorney George Gascon (wikimedia.org)
The smartly titled Safe Neighborhoods and Schools Act would "require misdemeanors instead of felonies for non-serious, nonviolent crimes like petty theft and drug possession, unless the defendant has prior convictions for specified violent or serious crimes." It would also authorize resentencing for anyone sentenced as a felon for acts which would become misdemeanors.

Initiative sponsors estimate the move would save the state $250 million a year in corrections costs. The measure mandates that those savings be earmarked for programs reducing recidivism (65%), education (25%), and crime victims' services (10%).

The defelonization effort comes a year after voters approved Proposition 36, a statewide initiative, which dramatically rolled back the state's notorious "three strikes" sentencing law by exempting most nonviolent offenders. Prop 36 passed amidst a seemingly perpetual prison overcrowding and funding crisis, which has still not gone away.

"I really think the timing is right -- it's a great opportunity to reform a part of our criminal justice system that's been broken for so long," Gascon told the San Francisco Chronicle. "We are looking basically at creating a scenario where we can prioritize violent crimes, we can keep dangerous criminals locked up, but move away from locking up people who basically just need medical help."

Whether sponsors are serious about actually getting the initiative on the ballot for 2014 remains to be seen. They would have to come up with more than 500,000 signatures by April to qualify for the November ballot.

Sacramento, CA
United States

Chronicle AM -- December 20, 2013

A pair of state appeals courts slap down cops who take people's medicine and won't give it back, there are problems with Kansas' drug testing law, Peru is buying shining new toys to prosecute its drug war, and more. Let's get to it:

Hash is medicine, and the cops have to give it back, the Oregon appeals court ruled. (wikimedia.org)
Marijuana Policy

DPA California Initiative Revised. The Control, Regulate and Tax Marijuana initiative, filed earlier this month by the Drug Policy Alliance (DPA), has been revised. The new version increases the personal grow limit from four plants to six, makes the 1,000-foot buffer rule around schools optional instead of mandatory, and makes the California Industrial Hemp effectively immediately. Left intact were no changes in criminal penalties, no changes in the state's medical marijuana law, and a 25% tax on adult retail sales. DPA head Ethan Nadelmann said in a conference call yesterday that the group would decide early next year whether to move forward for 2014.

Medical Marijuana

Oregon Appeals Court Rules Cops Must Give Back Seized Medical Hash. The Oregon Court of Appeals ruled Wednesday in Oregon v. James Jonathan Ellis that a medical marijuana patient whose hash was seized during an arrest can get it back. A district court judge had refused to order it returned, finding that hash wasn't covered under the state's medical marijuana law, but the appeals court disagreed, citing the federal Controlled Substances Act's definition of marijuana, which Oregon's law adopted, and which includes "every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin."

Colorado Appeals Court Rules Cops Must Give Back Seized Medical Marijuana. The Colorado Court of Appeals ruled Thursday in Colorado v. Robert Clyde Crouse that a district court judgment ordering Colorado Springs Police to return marijuana seized from leukemia patient Crouse was correct. Colorado Springs authorities had argued that federal drug laws preempted their returning Crouse's medicine, but neither the district court nor the appeals court was buying it.

Wyoming Legislator to Introduce Medical Marijuana Bill. Rep. Sue Wallis (R-Recluse) said this week that she intends to introduce a bill in the legislative session that starts early next year to allow the use of marijuana for medicinal purposes. Wallis said the death a year ago of her husband, Rod McQueary, brought the issue of legalizing medical marijuana into sharp focus for her. She said he benefited greatly from medical marijuana from Colorado in his last days.

Asset Forfeiture

Michigan Legislator Introduces Asset Forfeiture Reform Bill. Rep. Jeff Irwin (D-Ann Arbor) has introduced a bill, House Bill 5213,that would prohibit civil asset forfeiture unless and until a person is convicted of a criminal offense. "Asset forfeiture was sold as a needed tool for law enforcement to attack drug kingpins and gang leaders," Rep. Irwin said. "[But] too often, law enforcement uses the current asset forfeiture law to take tens of millions of dollars every year, mostly from low-level users and small-time dealers. We need to change how asset forfeiture works. By requiring a person be convicted of a crime before their seized property is subject to forfeiture, we will stop the worst abuses and curtail the insidious incentives that lead some law enforcement to short circuit due process and the fundamental principle that a person is innocent until proven guilty."

Drug Testing

Kansas Drug Testing Law Punishes Welfare Recipients, But Lets Lawmakers Skate. The Kansas legislature this year passed a bill, Senate Bill 149, that allows for drug testing of welfare recipients. Amid charges of hypocrisy, solons added language to include drug testing of themselves. But Wednesday, the director of Legislative Administrative Services, who is charged with implementing legislator testing, told legislative leaders that the law does not include any ramifications for a positive drug test and does not explicitly make the results public, so he will be treating them as confidential medical records.

Sentencing

Connecticut Sentencing Commission Recommends Cutting Drug-Free Zones. The Connecticut Sentencing Commission recommended Thursday that lawmakers sharply curtail drug-free zones around schools. The commission said they created racial disparities, unfairly affecting blacks and Latinos, who are more likely to dwell in urban areas, where schools and day cares are more densely packed. The commission recommended scaling the zones back from 1,500 feet to 200 feet. It also recommended limiting drug-free zone charges to those actually intending to infringe on the zones, as opposed to those just passing through.

International

Peru in Half-Billion Dollar Deal to Buy Russian Helicopters for Anti-Drug, Anti-Terrorism Effort. The Peruvian and Russian governments announced a deal Wednesday in which Russia will provide 24 Mi-171 helicopters to the Peruvian armed forces. The Peruvians plan to use them for anti-narcotics and anti-terrorism work in the central mountain areas where coca leaf and cocaine production are widespread.

Belgian Cannabis Social Club Raided. Belgian police acting on orders of the Justice Ministry raided the country's second cannabis club Wednesday (sorry, link in Dutch only). Raiders hit the Mambo Social Club in Hasselt, which follows the country's one-plant-per-person guidelines, seizing plants, records, and computer equipment. No word yet on any criminal charges.

Welfare Drug Testing Bill Passes Michigan Senate

In one of its final acts of the 2013 session, the Michigan Senate last Thursday passed a bill that would allow drug testing of some welfare recipients for "reasonable suspicion." The bill passed the GOP-dominated chamber on a straight party line vote.

The measure is Senate Bill 275, sponsored by Sen. Joe Hune (R-Hamburg Township). A similar measure passed the House in May. Neither bill has been approved by the other chamber, but both will still be alive and could pass next year.

The bill directs the state Department of Human Services to set up a three-county pilot project of drug screening and testing for the Family Independence Program, the state's program that provides cash assistance to poor families with children and pregnant women.

If the initial screening creates "reasonable suspicion" of drug use, recipients would be required to submit to a drug test. Those who tested positive would be referred for treatment, with a second positive test leading to loss of benefits.

"We have children going to school hungry every day without proper clothing because their parents are addicted to drugs and alcohol," claimed state Sen. Rick Jones (R-Grand Ledge) in remarks reported by Michigan Live. "They receive welfare money but they don't spend it on their children. They spend it on their addiction."

The measure passed the Senate in a straight party-line vote. All Democrats opposed the measure despite winning an amendment that would allow children whose parents test positive for illegal drugs to continue receiving benefits through a third party, such as a guardian.

Drug testing has been a big issue for Michigan Republicans this year. Earlier this year, the legislature passed and Gov. Rick Snyder (R) signed into law a bill allowing the state to cut unemployment benefits to anyone who failed a pre-employment drug test.

Lansing, MI
United States

Chronicle AM -- December 18, 2013

They may be smoking more pot in Washington state than anyone thought, the Florida medical marijuana signature-gathering campaign is going down to the wire, opium production is up in the Golden Triangle, and aerial eradication is down in Colombia (after planes get blown out of the sky). And more. Let's get to it:

Aerial spraying of coca plants is on hold in Colombia after the FARC shot down two planes this fall. (wikimedia.org)
Marijuana Policy

Reason-Rupe Poll Has Support for Marijuana Legalization at 49%. In the latest Reason-Rupe poll, 49% of respondents favored legalizing marijuana, with 47% opposed. That puts it on the low side of recent polls on the topic, most of which are now showing majorities for legalization now. The poll found majority support among Democrats (55%) and independents (51%), but not Republicans (37%). Click on the link for more demographic and methodological details.

NYC Lobbyist Forms Marijuana Legalization PAC. The New York City lobbying and consulting firm Sheinkopf LTD, headed by Hank Sheinkopf, has registered a political action committee to advocate for marijuana legalization. The "Legalize Now" PAC was registered this week with the New York State Board of Elections. Both medical marijuana and legalization bills are pending in the legislature.

Washington State Marijuana Consumption Twice Previous Estimate, RAND Says. Marijuana consumption is about twice as much as officials had previously thought, according to a new RAND Corporation study. Consumption had been estimated to be about 85 metric tons in 2013, but the new study says the range is between 135 and 225 metric tons, with 175 metric tons as the median.

Medical Marijuana

Clock is Ticking on Florida Initiative. Time is running short for Florida's United for Care medical marijuana initiative. Organizers have until February 1 to gather 683,189 valid voter signatures, and say they have gathered 700,000 raw signatures, but only 162,866 have been certified as of Tuesday. Organizers are assuming a 25% rejection rate, so they are looking to gather a million signatures by deadline day.

Harm Reduction

Jack Fishman Dead at 83; Helped Create Naloxone.A scientist who played a key role in the development of the opioid overdose-reversal drug naloxone has died. Dr. Jack Fishman died earlier this month at age 83. Naloxone (Narcan) is credited with saving countless people from overdoses of heroin and other opioid drugs. Naloxone has been approved to treat overdoses since 1971, but only some states allow it to be distributed to drug users, community support groups, and local health clinics.

Sentencing

New Brennan Center Proposal Aims to Reduce Mass Incarceration. The Brennan Center, a nonpartisan law and public policy institute based at the NYU School of Law, has unveiled a new policy proposal to shrink prison populations, Reforming Funding to Reduce Mass Incarceration. It was discussed last week at the National Press Club in Washington by a panel including Jim Bueerman of the Police Foundation, Marc Levin of the Texas Public Policy Foundation, and Nkechi Taifa of the Open Society Foundations.

International

Golden Triangle Opium Production Up, UNODC Says. Opium production in Southeast Asia's Golden Triangle (Laos, Myanmar, Thailand) is up 22% this year over 2012, the UN Office on Drugs and Crime said Wednesday in its Southeast Asia Opium Survey 2013 - Lao PDR, Myanmar. Most of the production is in Myanmar, which produced 870 of the regions estimated 893 tons. The Golden Triangle accounted for 18% of global opium production this year, the report said.

Colombia Coca Spraying Halted After FARC Shoots Down Two US Pilots, One Killed. US-funded aerial eradication of coca crops in Colombia has been suspended indefinitely after FARC rebels shot down two spray planes, leaving one US pilot dead. The downings occurred in September and October, but the news that the FARC shot them down and that the program had been suspended didn't come until this week.

Mexican Human Rights Commission Warns Government on Anti-Cartel Vigilantes. Mexico's National Commission on Human Rights warned Tuesday that the rise of vigilante groups to confront drug trafficking organizations undermines the rule of law and could lead to increased violence. The commission blamed the rise of the vigilantes on the government's failure to provide security and accused the government of encouraging the formation of some of the groups. The commission said there were some 7,000 vigilante members in Guerrero alone, with thousands more in Michoacan, where dozens have been killed in clashes among vigilantes, police, soldiers, and drug traffickers.

Drug War Issues

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