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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 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.

Chronicle AM -- November 26, 2013

Medical marijuana gets attention in the statehouse, another drug war atrocity in New Mexico, Greece's first safe injection site is open, and a gram of opium or a few pounds of pot can get you the death penalty if you're in the wrong place. And more. Let's get to it:

This is three times the amount of opium that could get an immigrant worker executed in Dubai. (erowid.org)
Medical Marijuana

Key Michigan Politico Says Medical Marijuana Top Priority in December. House Judiciary Committee Chair Kevin Cotter (R-Mount Pleasant) said Monday his top priority next month is to take up three medical marijuana-related bills. The first,House Bill 4271, would revive medical marijuana dispensaries in Michigan after recent court rulings effectively stopped the facilities from operating in the state. Cotter also plans to take up two other medical marijuana-related bills. House Bill 5104 would allow patients to use edible forms of marijuana. And Senate Bill 660 would clear the way for pharmacies to sell medical marijuana in Michigan, but only if the federal government decides to regulate cannabis as a prescription drug.

New Jersey Lawmaker Files Bill Allowing Patients to Buy Out of State. Assemblywoman Linda Stender (D-Union) Monday introduced a bill that would allow Garden State medical marijuana patients to buy their medicine in other states where it is legal and consume it in New Jersey. The bill attempts to address restrictions in the state's medical marijuana law that prevent easy access to some medical marijuana formulations, especially strains with high levels of CBD.

Alabama Lawmaker Ready to Try Again on Medical Marijuana. State Rep. Patricia Todd (D-Birmingham) will reintroduce medical marijuana legislation again next year, she said Monday. The bill would allow for the use of CBD. Todd's previous medical marijuana bills have gotten nowhere in Montgomery.

Hemp

New Jersey Hemp Bill Wins Committee Vote. A bill that would create an industrial hemp license to regulate the "planting, growing, harvesting, possessing, processing, selling, and buying" of the crop passed the Assembly Agriculture and Natural Resources Committee Monday. The bill, Assembly Bill 2415, sponsored by Assemblyman Reed Gusciora (D-Mercer), would require the end of federal hemp prohibition before licenses could be issued.

Law Enforcement

New Mexico Woman Sues over Vaginal Macing During Drug Arrest. What on earth is going on in New Mexico? Just weeks ago, it was forced enemas and colonoscopies for drug suspects; now, another New Mexican, Marlene Tapia, is suing Bernalillo County after she says jail guards strip searched her and sprayed mace in her vagina, where she was hiding drugs. The ACLU of New Mexico is taking the case.

New Jersey Bill Would Increase Drug Penalties. A bill that would reduce the amount of heroin necessary to be charged with a first-degree crime and allow prosecutors to charge drug offenses by the number of units of the drug involved instead of their weight passed the Assembly Judiciary Committee Monday. The bill, Assembly Bill 4151, is sponsored by Assemblyman Scott Rumana (R-Passaic).

International

Greece Sets Up First Supervised Injection Site. Greece has opened its first "drug consumption" room in a bid to slow the spread of blood-borne diseases among injection drug users there. The site has been open since last month and has been used by more than 200 people so far.

European Drug Experts Urge Austerity-Battered Governments Not to Cut Drug Treatment. Drug experts and policy makers from around Europe gathered in Athens Monday to urge governments to exclude drug-abuse treatment from austerity budget cuts, citing an alarming rise in HIV infections among drug users in Greece. Included in the call are harm reduction programs like the Greek supervised injection site, which is funded with Council of Europe funds.

Colombia's FARC Wants to Lead Alternative Crop Pilot Project. The leftist guerrillas of the FARC, now in peace negotiations with the Colombian government, want an active role in a pilot project to get coca farmers to grow alternative crops. The group is proposing that one of its local military units team with the government in a village in southern Colombia in a five-year project intended to get farmers to quit growing coca.

Malaysia Court Gives Thai Woman Death Sentence for Weed. A judge in Malaysia Monday sentenced a 36-year-old Thai woman to death after she was caught with about 30 pounds of marijuana at a bus depot. Barring a successful appeal, Thitapah Charenchuea will be hanged. DPP Nor Shuhada Mohd Yatim prosecuted the case.

Dubai Prosecutors Seeks Death Penalty for Less Than One Gram of Opium. Prosecutors in Dubai are seeking the death penalty for an Iranian worker accused of possessing 0.8 grams of opium. They charged he possessed it for "promotional purposes," the equivalent of "with the intent to distribute."

Chronicle AM -- November 22, 2013

The momentum for marijuana legalization continues in the US, but Australia's New South Wales rejects medical marijuana even for the terminally ill. There's plenty more news, too. Let's get to it:

Coming soon to a legal retail outlet near you (if you live in Colorado). (wikipedia.org)
Marijuana Policy

World's First-Ever Marijuana Retail License Issued in Colorado. Officials in Central City, Colorado, issued the world's first legal marijuana retail license Thursday. The license went to Annie's, currently operating as a medical marijuana dispensary. Annie's must still obtain a state license. Legal retail marijuana sales begin on January 1.

Oregon Legislators Meeting Today on Marijuana Legalization. Oregon lawmakers are meeting today to lay the groundwork for a possible marijuana legalization initiative to put before voters in November 2014. Senate Judiciary Chairman Floyd Prozanski (D-Eugene) said he would push for such an initiative. New Approach Oregon has already filed its own legalization initiative, which Prozanski called "a great first draft," but then added that legislators should vet it.

Poll: Marijuana Legalization Has Majority Support in Indiana. The 2013 Hoosier Poll finds that 52.2% of adults in the state favor making "marijuana a regulated substance much like the way we regulate the use of alcohol and tobacco products." Only 45.3% were opposed. Support reached a whopping 78.1% when respondents were asked if "marijuana should be taxed like alcohol and tobacco products, or not."

Maine Legislative Council Rejects Legalization Bill. The Maine Legislative Council, made up of 10 leading legislators, Thursday night rejected a marijuana legalization bill sponsored by Rep. Diane Russell (D-Portland). That means the bill will have to go through the regular legislative process next year, or the voters will decide through a referendum.

Medical Marijuana

Four California US Representatives Call on Northern California US Attorney to Stop Harassing Dispensaries. Reps. Barbara Lee (D), George Miller (D), Sam Farr (D), and Eric Swalwell (D) Thursday released excerpts of a letter they sent to US Attorney for Northern California Melinda Haag challenging her "hostility toward dispensaries." They criticized Haag's approach as "counterproductive and economically prohibitive," as well as being out of step with Obama administration policies as set down in August's Justice Department memo. "It is far past time for commonsense and economic sense to prevail in policies and actions related to medical cannabis dispensaries that serve the patients in our communities," said Rep. Lee. "This harassment and constant threat of prosecution should end."

Drug Testing

Northern Marianas Bill Would Require Twice a Year Drug Tests for Elected Officials. A bill being crafted in the Northern Marianas Islands House of Representatives would require all elected officials to undergo drug tests every six months. The bill is being drafted by former cop Rep. Christopher Leon Guerrero, but is likely to be found unconstitutional if it ever passes, given federal court precedents.

Law Enforcement

Ohio Makes First Arrest under Automobile "Secret Compartment" Drug Law. An Ohio man arrested Tuesday for driving a vehicle that contained a hidden compartment becomes the first person charged under the state's 2012 law (Senate Bill 305) making it a felony to add a secret compartment with the intent of using it to conceal drugs for trafficking. Norman Gurley's vehicle had a secret compartment, but it contained no drugs or evidence of drugs.

Sentencing

Attorney General Holder Blasts High US Incarceration Rates at Colombia Conference. US Attorney General Eric Holder ripped into US incarceration policies at a conference of security ministers in Colombia Thursday, calling our imprisonment rates "both inadvisable and unsustainable." Holder added that the resort to mass incarceration "results in far too many Americans serving too much time in too many prisons -- and beyond the point of serving any good law enforcement reason." He also signaled that other countries should have greater flexibility in drug control policies. "We must acknowledge that none among us can fight this battle on our own, or by implementing a 'one-size-fits all' approach."

International

No Medical Marijuana for the Terminally Ill in Australia's New South Wales. The state government in New South Wales has rejected a request that terminally ill patients be granted an exemption to use marijuana to ease their pain. A bipartisan parliamentary committee had recommended that AIDS and terminally ill patients be allowed to possess up to a half-ounce for medical reasons, but the state government rejected the recommendation, saying the potency and safety of medical marijuana cannot be guaranteed. The decision was "cannabis hysteria at its worst," said Green MP John Kaye. "It's absurd to argue that someone dying of cancer should be denied access to a little bit of pain relief because it's the same substance some people use illegally."

Chronicle AM -- November 20, 2013

A Maryland gubernatorial candidate and a Maine legislator both call for marijuana legalization, politicians are in trouble for drugs, and marijuana law reforms appear to be advancing internationally, except in one Australian state. That's just for starters. Let's get to it:

Marijuana Policy

Maryland gubernatorial candidate Heather Mizeur wants to legalize marijuana. (wikipedia.org)
Maryland Gubernatorial Candidate Proposes Marijuana Legalization. Heather Mizeur, a Democratic candidate for Maryland governor, Tuesday released a plan to tax, regulate, and legalize marijuana. Under her proposal, marijuana taxes would generate $157 million a year and would go to pay for early childhood education. Click the link for more details.

Maine Legislator Unveils Marijuana Legalization Bill. State Rep. Diane Russell (D-Portland) Tuesday announced she was introducing a new bill to legalize marijuana. The bill, LR 2329, would legalize the possession of small amounts of pot by adults over 21 and impose a 10% sales tax and 15% excise tax on marijuana sales. Russell said the recent vote by Portland residents in favor of legalization sent a clear message to lawmakers.

California Marijuana Legalization Effort Extends Deadline for Input, Amendments. Backers of the Marijuana Control, Legalization and Revenue Act of 2014, the nation's first "open-sourced" legalization initiative, have extended their timeline for further comments on the measure. Backers are holding a series of meetings throughout the state before turning in final amendments to state officials in the first week of December. This initiative is sponsored by Americans for Policy Reform. Another measure, the California Cannabis Hemp Initiative, is already in the signature-gathering phase. Neither has the backing of deep-pocketed donors, who seem to be waiting for 2016 instead.

AMA Passes Resolution Against Marijuana Legalization. Delegates at the American Medical Association's 2013 Interim Meeting Tuesday passed a resolution opposing marijuana legalization. "Our AMA believes that (1) cannabis is a dangerous drug and as such is a public health concern; (2) sale and possession should not be legalized," the resolution says. Note, however, that there is some confusion over the "and possession" language. The draft document cited by the anti-legalization group Project SAM, which touted the resolution's passage in a press release, appears to have the words "and possession" struck through, suggesting that they had been deleted from the resolution and that the AMA might support decriminalization. Project SAM was unable to provide clarification Wednesday, but promised to get back to the Chronicle.

Sentencing Reform

Washington State Defelonization Bill to be Rolled Out Tomorrow. The activist group Sensible Washington is holding a press conference Thursday to formally introduce a legislative proposal to defelonize the possession of personal use amounts of illegal drugs. Speakers will include bill sponsors Representatives Sherry Appleton (23rd Disrict), Joe Fitzgibbon (34th District), Jessyn Farrell (46th District), Luis Moscoso (1st District) and Jim Moeller (49th District), as well as former corrections official and speaker for Law Enforcement Against Prohibition (LEAP), Matt McCally.

Politicians in Drug Trouble

Congressman Busted for Cocaine Possession. US Rep. Trey Radel (R-FL), the congressman arrested last month for cocaine possession, pleaded guilty today and was sentenced to a year of supervised probation. [Ed: An article on ThinkProgress.org suggests Radel may have decent views on drug policy, but there isn't really enough information to know for sure. An update to the article pointed out that he voted for legislation that would allow states to subject food stamp recipients to drug tests. However, that vote actually was for a larger piece of recurring legislation, the Farm Bill, of which the drug testing provision was a small part. The drug testing provision was passed as an amendment sponsored by another Republican legislator, on a voice vote, meaning there is no record as to what Radel's position was on it, or if he had one. -DB]

Toronto's Crack-Smoking Mayor is Foe of Drug Reform, Harm Reduction. Embattled Toronto Mayor Rob Ford, who has belatedly admitted to smoking crack "in a drunken stupor," is a long-time foe of both drug law reform and harm reduction. Ford has consistently supported the criminalization of drug users and scoffed at programs such as clean needles for drug users as "absolutely ridiculous." He's always appealed to law-and-order voters and praises gang and drug sweeps aimed at poor, marginalized groups. He was a loud and vocal opponent of the 2005 Toronto Drug Strategy, which included a proposal that the city support federal marijuana decriminalization. This after he was caught six years earlier with a joint in his pocket when he was busted for drunk driving in Miami. Whether Ford's recent misadventures will prompt (force?) him to change his attitudes remains to be seen. [Ed: Whether it will ever matter again what Ford's views are also remains to be seen.]

International

Dutch Liberals to File Bill for Regulated Marijuana Production. Holland's D66 Liberal party, the second most popular in the country, is drawing up legislation to regulate marijuana cultivation. The measure would address the country's "back door problem," where cannabis cafes are allowed to sell small amounts of marijuana, but cannot legally acquire it. The move comes as pressure is mounting on the conservative coalition government to resolve the issue. Two-thirds of the country's largest municipalities support such a move. The Justice Minister, who opposes legalizing cultivation, has said he will update parliament on the situation by year's end.

Pot Legalization in US Driving Down BC Bud Prices. Marijuana activists in British Columbia say the marijuana legalization votes in Colorado and especially Washington are driving down the prices of the province's trademark BC Bud. Dana Larsen, who runs a Vancouver dispensary and is trying to push a referendum to decriminalize in the province, said his prices had dropped 20%, while Jodie Emery, wife of imprisoned "Prince of Pot" Marc Emery, said pound prices had dropped from $2,000 to $1,000.

Marijuana Decriminalization Clamor Grows in Bermuda. The Bermudan government has already signaled it is willing to discuss the decriminalization of small amounts of marijuana, and now the opposition is making similar noises. The government said in its Throne Speech that it is working on the possibility of decriminalization, and the opposition People's Labor Party Shadow Finance Minister David Burt has replied, saying his party wants the removal of criminal penalties for possession of small amounts, options for the medical use of marijuana on the island, and the regulation of the sale and use of the drug.

South Australia Ready to March Resolutely Backward on Pot Policy. Parliamentarians in South Australia are preparing to amend the state's marijuana laws for the worse. The changes would reduce the amount of marijuana punishable only by a fine from 100 grams to 25 grams, and carrying more than 25 grams would be a criminal offense. The measure would also double the fine, from $150 to $300. There are also plans afoot to increase the penalties for marijuana cultivation.

New York AG Report Slams NYPD Stop-and-Frisk

In a report issued late last week, New York Attorney General Eric Schneiderman analyzed the impact of the NYPD's stop-and-frisk search policies on the state's criminal justice system -- and on the people victimized by them. The results are illuminating, but not pretty.

NYPD practices stop-and-frisk techniques (nyc.gov/nypd)
The report, A Report on Arrests Arising from the New York City Police Department's Stop-and-Frisk Practices, analyzed nearly 2.4 million stops between 2009 and 2012 resulting in nearly 150,000 arrests. Of those arrests, nearly half led to guilty pleas or convictions at trial, but that is only 0.3% of all those stopped and frisked. Only 0.1% of all stop-and-frisks resulted in a conviction or guilty plea for a violent offense.

"My office's analysis of the city's stop and frisk practices has broad implications for law enforcement, both in New York City and across the state. It's our hope that this report -- the first of its kind -- will advance the discussion about how to fight crime without overburdening our institutions or violating equal justice under the law," said Schneiderman. "The vast amount of data we analyzed over four years should serve as a helpful guide to municipalities and law enforcement officials around the state, where stop and frisk practices are used to varying degrees. I want to thank the NYPD and the Office of Court Administration for providing the data for our report."

Schneiderman was being politic, but his report's numbers speak for themselves:

  • Close to half of all stop and frisk arrests resulted in no convictions because the arrestees were never prosecuted, their cases were dismissed, or they received an adjournment in contemplation of dismissal (a dismissal of a charge if the defendant does not commit another crime within six months or a year);
  • Just one in 16 stop and frisk arrests -- or 0.3 % of all stops -- led to a jail or prison sentence of more than 30 days;
  • Just one in 50 stop and frisk arrests -- or 0.1 % of all stops -- led to a conviction for a violent crime;
  • Just one in 50 stop and frisk arrests -- or 0.1 % of all stops -- led to a conviction for possession of a weapon; and
  • Almost one quarter of stop-and-frisk arrests (24.7 %) were dismissed before arraignment or resulted in a non-criminal charge.

The report also highlighted the collateral consequences that arrests have for all individuals subject to stop and frisk, regardless of the ultimate outcome of the case, and the burdens that various aspects of the stop and frisk program place on institutional actors within the criminal justice system, including:

  • Threats of a possible loss of employment, housing, student loans, and immigration status, even for those charged with misdemeanors, and added incentive to plead guilty; and
  • A sharp uptick in litigation costs for New York City for lawsuits alleging constitutional violations by the NYPD. In 2009, for the first time in 30 years, the NYPD had the largest legal settlements of any city agency.

The NYPD's stop-and-frisk policies have drawn intense political fire and judicial scrutiny. Now, they are being subjected to scrutiny of their real world consequences as well. This is an issue where incoming Mayor Bill de Blasio can signal that he's no Bloomberg.

New York, NY
United States

New Daily Roundups from Drug War Chronicle

If you've been following Drug War Chronicle on our web site the past week, you have probably noticed a new, daily feature, "Chronicle AM." The AM is a roundup of stories that have hit the news wires. As Phil noted in his award speech two weeks ago, there is too much happening now to be able to give it all even medium-level coverage, much less to do so quickly. Chronicle AM is a way to survey a lot of the important stories each day, and we continue to publish our usual features and newsbriefs on a daily basis too. The following are the stories we noted in Chronicle AM installments during the past week.

Marijuana Policy

New Hampshire Marijuana Legalization Bill Dies in Committee. House Bill 492, which would have taxed and regulated marijuana like alcohol was defeated in the House Criminal Justice and Public Safety Committee Wednesday on an 11-7 vote. The action came just a week after a state poll showed 60% supported the bill.

Federal Judge Cuts Marijuana Sentences. Maryland US District Court Judge James Bredar Monday handed down sentences lighter than called for in federal guidelines in a major marijuana smuggling case, saying such offenses are "not regarded with the same seriousness" as they were just a few decades ago. Bredar also noted that the federal government's decision to largely leave marijuana sales in legalization states raised "equal justice" concerns.

Amendments Filed to California Marijuana Legalization Initiative. Americans for Policy Reform, the people behind the 2014 Marijuana Control, Legalization and Revenue Act initiative, Wednesday filed amendments to the proposed law. They include strengthening some penalties and clarifying medical marijuana patient ID card requirements. This is one of two initiatives aiming at 2014 in California, neither of which have big donor support.

Portland, Maine, Marijuana Legalization Initiative Draws Late Opposition. Small signs urging Portlanders to "Vote No on Question 1, NO to POTland" have begun popping up just days before the city votes on legalization next week. Who put them up is a mystery; no group has filed paperwork at city hall opposing the initiative. The initiative would not legalize marijuana per se, but would allow people 21 and over to "engage in activities for the purposes of ascertaining the possession of marijuana and paraphernalia."

Arkansas Attorney General Rejects Marijuana Legalization Initiative. Attorney General Dustin McDaniel Tuesday rejected the ballot title for a proposed legalization initiative, saying the language was ambiguous. This is the second time he has rejected the measure, which can still be rewritten and resubmitted.

Colorado to Vote Tuesday on Marijuana Tax. Colorado voters will decide Tuesday whether to impose a 15% excise tax on marijuana sales to pay for school construction and a 10% sales tax to pay for marijuana regulation. The tax vote wasn't included in Amendment 64 because state law requires any new taxes to be approved by the voters. The measure is expected to pass despite opposition from some marijuana activists.

No Pot in Washington Bars, State Regulators Say. The Washington State Liquor Control Board Wednesday filed a draft rule banning any business with a liquor license from allowing on-site marijuana use. The state's pot law already bars public use, including in bars, clubs, and restaurants, but some businesses have tried to find loopholes allowing customers to use on premise, such as by having "private clubs" within the establishment.

DC Marijuana Reform Moves Could Spur Congress to Ponder Legalization. The DC city council appears set to approve decriminalization, and DC marijuana activists are pondering a 2014 ballot initiative to legalize marijuana. That could set the stage for Congress to finally turn its sights on federal marijuana legalization, Bloomberg News suggested in this think piece.

One-Fourth of Americans Would Buy Legal Weed, Poll Finds. At least one out of four Americans (26%) said they would buy marijuana at least on "rare occasions" if it were legal, according to a Huffington Post/YouGov poll released Thursday. Only 9% said they buy it on rare occasions now. One out of six (16%) of respondents said they never buy it now, but might if it were legal.

Dispensaries like this one could become marijuana retail stores in Colorado.
Let A Hundred Pot Shops Bloom… in Colorado. The Colorado Marijuana Enforcement Division reported late last week that it has received applications from 136 people seeking to open adult use marijuana retail stores. By law, only people currently operating medical marijuana businesses could apply. Those who applied by the end of October will have decisions on their applications before year's end, meaning they could open on January 1, the earliest date adult marijuana sales will be allowed in the state.

NYC Subway Vigilante Bernie Goetz Busted in Penny Ante Marijuana Sting. The New York City man who became a national figure after shooting four teens who asked him for money on the subway back in 1984 was arrested last Friday over a $30 marijuana sale. Bernie Goetz is accused of selling the miniscule amount of marijuana to an undercover officer.

Colorado Voters Approve Marijuana Taxes. Colorado voters approved a taxation scheme that will add 25% in wholesale and retail taxes to the price of legally sold marijuana in the state. Proposition AA was winning with 64% of the vote at last report.

Three Michigan Cities Approve Marijuana Measures. Voters in the Michigan cities of Lansing, Jackson, and Ferndale handily approved local measures to legalize the possession of small amounts of marijuana by adults 21 and over. The measures passed with 69% of the vote in Ferndale, 63% in Lansing, and 61% in Jackson. The trio of towns now join other Michigan cities, including Grand Rapids and Detroit, that have municipally decriminalized pot possession.

Medical Marijuana

Florida Lawmakers Oppose Medical Marijuana Initiative. Florida House and Senate leaders said late last week that they will join Attorney General Pam Bondi (R) in asking the state Supreme Court to block a medical marijuana initiative from going to the ballot. "We certainly don't want a situation like they've got in Colorado," explained state Rep. Doug Holder (R-Venice). Petitioners have gathered only about 200,000 of the more than 600,000 signatures they need to make the ballot. They have until February, unless the state Supreme Court puts the kibosh on the effort.

Florida Governor Candidate Supports Medical Marijuana Initiative. Candidate for the Democratic gubernatorial nomination Nan Rich said last Friday she supports a proposed medical marijuana ballot initiative. "I've seen the research, I've studied the issue, and I've met with patients who clearly benefit and desperately need medically prescribed cannabis," Rich said in a statement. "That's why I'm signing the petition to get this important measure on the ballot in 2014 and I'm calling on all of my friends and supporters to do the same. There is simply no reason patients should suffer when an effective, safe, and organic remedy is readily available."

Washington State Regulators to Hold Hearing on Controversial Medical Marijuana Plans. The Washington state Liquor Control Board announced last Friday it will hold a hearing November 13 in Lacey to take public testimony on proposed changes to the state's medical marijuana system. Regulators have issued draft recommendations that would reduce the amount of medical marijuana patients could possess and end their ability to grow their own, among other things.

Search and Seizure

Federal Appeals Court Blocks Judge's Ruling on NYPD Stop-and-Frisk. The 2nd US Court of Appeals in New York City blocked an order by District Court Judge Shira Scheindlin requiring changes in the NYPD's much criticized stop-and-frisk program. In an unusual move, the appeals court also removed Judge Scheindlin from the case, saying she had violated the code of conduct for federal judges by giving media interviews and publicly responding to criticism of her court. Scheindlin had found that NYPD violated the civil rights of tens of thousands of people by subjecting them to stop-and-frisk searches based on their race.

New Mexico Man Sues over Forced Anal Drug Search. A Deming, New Mexico, man detained for running a stop sign allegedly had his buttocks clenched when ordered out of his vehicle by police, leading them to suspect he had drugs secreted in his rectum. Police obtained a search warrant from a compliant judge, then had medical personnel forcibly subject the man to repeated anal probes, enemas, and a colonoscopy in a futile attempt to find any drugs. In addition to the unreasonableness of the invasive searches, they also took place outside of the jurisdiction where the warrant was issued and after the timeline specified in the warrant. The victim, David Eckert, ought to be picking up a nice check one of these years.

Second New Mexico Anal Drug Search Victim Emerges. Yesterday, the Chronicle AM noted the case of Deming, New Mexico, resident David Eckert, who was subjected to anal probes, enemas, x-rays, and colonoscopies without his consent after being pulled over for running a stop sign. The cops suspected he had drugs. He didn't and is now suing the police, the county, and the medical personnel who participated. Now, a second victim has emerged. Timothy Young was stopped for failure to use a turn signal. As was the case with Eckert, a drug dog -- Leo the K-9 -- alerted, but as was the case with Eckert, no drugs were found, despite the extensive invasive searches. Turns out the drug dog has not been certified for more than two years and has a history of false alerts, and the hospital where the searches were conducted was not within the jurisdiction of the search warrant. It looks like another New Mexico resident will get a big check at the taxpayers' expense one of these days.

Drug Testing

Truckers Object to Federal Bill to Allow Hair Drug Tests. A bill pending in Congress, House Resolution 3403, the "Drug Free Commercial Driver Act of 2013," is drawing opposition from an independent trucker group, the association's organ Landline Magazine reports. The bill would allow trucking companies to use hair testing for pre-employment and random drug tests. Currently, federal regulations mandate urine testing and allow hair testing only in conjunction with urine tests, not as a replacement. Hair-based testing can reveal drug use weeks or months prior to the testing date. The independent truckers accuse bill sponsors of carrying water for larger trucking firms that want to undercut their competition.

Michigan Governor Signs Unemployment Drug Testing Law. Gov. Rick Snyder (R) Tuesday signed a bill that denies unemployment benefits to job seekers who fail employer drug tests. The law is in effect for one year as a pilot program.

Drug Testing Provision Stripped from New Hampshire Hep C Bill. A bill written in the wake of an outbreak of Hep C infections linked to an Exeter Hospital employee will not include random drug testing for health care employees. The bill, House Bill 597, originally contained such language, but it was stripped out in the House Health, Human Services, and Elderly Affairs Committee. Federal courts have held that drug tests constitute a search under the meaning of the Fourth Amendment and thus require probable cause, except in limited circumstances.

Psychedelics

New Group Formed to Assure Sustainability of Psychedelic Plants. The Ethnobotanical Stewardship Council was launched at the International Drug Policy Reform Conference in Denver last weekend. It will concentrate on "assuring the sustainability and safe use of traditional plants," and prominently mentioned ayahuasca in its formation announcement.

Sentencing Reform

Bipartisan Mandatory Minimum Reform Bill Introduced in US House. On Wednesday, Reps. Raul Labrador (R-ID) and Bobby Scott (D-VA) introduced the Smarter Sentencing Act, which would significantly reform mandatory minimum drug sentencing policies. Companion legislation in the Senate, Senate Bill 1410, was introduced in July. The bills would halve mandatory minimum sentence lengths and expand safety valve access, as well as extend retroactivity under the Fair Sentencing Act of 2010.

Study Shows Way to Louisiana Sentencing Reform. A study released Tuesday by the Reason Foundation, the Pelican Institute for Public Policy, and the Texas Public Policy Foundation details how Louisiana can reduce its prison population and corrections spending without lessening public safety by eliminating mandatory minimum sentences for nonviolent offenders and reforming its habitual offender law. The study, "Smart on Sentencing, Smart on Crime: Reforming Louisiana's Determinate Sentencing Laws," is available online here.

International

At Least Five Dead in Mexico Vigilante vs. Cartel Clashes. Attacks in the Western Mexican state of Michoacan, home of the Knights Templar cartel, between anti-cartel vigilantes and cartel members left at least five dead and thousands without electric power last weekend. The fighting erupted after anti-cartel "self defense forces" marched Friday in the Knights Templar stronghold of Apatzingan and accelerated over the weekend. Vigilantes said they saw the bodies of at least 12 cartel members.

UNODC Head Says Afghan Opium Crop is Thriving, Spreading. In remarks in advance of the release of the UN Office on Drugs and Crime's annual Afghan opium survey early in November, UNODC head Yury Fedotov warned that the poppy crop will increase for the third straight year and that cultivation had spread into formerly poppy-free areas under central government control. Afghanistan accounts for about 90% of the global illicit opium supply.

New Zealand to Host International Conference on Drug Reform Laws. The country has drawn international attention for its innovative approach to new synthetic drugs -- regulating instead of prohibiting them -- and will be the site of a March 20, 2014 "Pathway to Reform" conference explaining how the domestic synthetic drug industry began, how the regulatory approach was chosen and how it works. International attendees will include Drug Policy Alliance head Ethan Nadelmann and Amanda Fielding, of Britain's Beckley Foundation.

Canada SSDP to Hold National Conference in Vancouver. Canadian Students for Sensible Drug Policy (CSSDP) will hold its sixth annual conference on November 22-24 in Vancouver, BC. Featured speakers will include Donald McPherson, head of the Canadian Drug Policy Coalition; Dana Larsen, director of Sensible BC and the Vancouver Dispensary Society; and Missi Woolrdige, director of DanceSafe, among others.

Hong Kong Docs Criticize Government Drug Testing Plan. The Hong Kong Medical Association said Monday that a government plan to allow police to test anyone for drug use based on "reasonable suspicion" is flawed and violates basic human rights. The local government began a four-month consultation on the plan in September, and now the doctors have weighed in. The association said that drug testing was an unproven method of reducing drug use and resources should instead be devoted to prevention and education campaigns and cooperation with mainland police against drug trafficking.

India to Greatly Expand Opiate Maintenence Centers. Responding to an increase in the number of injection drug users, the Indian government is moving to expand the number of its Opiate Substitution Therapy (OST) centers six-fold, from a current 52 to 300 by the end of the year. Drug user groups, including the Indian Drug Users Forum, and harm reduction groups, such as Project Orchid have been involved in planning the expansion. It's not clear what drug the Indians are using in OST.

Ireland Parliament to Debate Marijuana Legalization This Week. A private motion by independent Dail, or Irish parliament, member Luke "Ming" Flanagan will be debated on Tuesday and Wednesday. Flanagan's bill would make it legal to possess, grow, and sell marijuana products.

Cartel Violence Flares in Mexican Border Town. Sunday shootouts between rival drug trafficking organizations and between traffickers and soldiers left at least 13 people dead in the Mexican border town of Matamoros, just across the Rio Grande River from Brownville, Texas. Four men and a woman were killed in clashes between rival gangs, and eight more died in fighting with Mexican Marines. Somewhere north of 75,000 people have been killed in violence since former President Felipe Calderon called out the armed forces to wage war on the cartels six and a half years ago. Meanwhile, the drugs continue to flow north and the guns and cash flow south.

Toronto Mayor Rob Ford (wikipedia.org)
Toronto Mayor Admits He Smoked Crack, But Says He's Not an Addict. Months after rumors of a video showing Toronto Mayor Rob Ford smoking crack cocaine emerged, but only days after Toronto police said they had a copy of that video, Ford told reporters Tuesday that he had indeed smoked crack, but that he did so "in a drunken stupor" and that he wasn't an addict. Time will tell if his political career survives the revelation.

Marijuana Legalization Debate Looms in Morocco. Moroccan activists and politicians are close to firming up a date later this month for the parliament to hear a seminar on the economic implications of legalization hosted by the powerful Party of Authenticity and Modernity. Morocco is one of the world's largest marijuana producers, with output estimated at 40,000 tons a year, most of which is transformed into hashish and destined for European markets.

Czech Police in Mass Raid on Grow Shops. Although the Czech Republic has a reputation as a pot-friendly destination, recreational marijuana use remains illegal. Czech police served up a reminder of that reality Tuesday, raiding dozens of stores that sell growers' supplies. Police seized fertilizer, grow lights, and marijuana growing guidebooks and said they suspected store owners of violating drug laws by providing people with all the equipment they needed to grow their own. There was no mention made of any arrests.

New Zealand Court Says Employer Can't Force Workers to Undergo Drug Tests. New Zealand's Employment Court has ruled that companies cannot impose random drug tests on workers, nor discipline them for refusing such a test. Mighty River Power Company had a collective bargaining agreement with workers, which allowed testing only under specified circumstances, but initiated random drug tests later. If the company wants random drug test, the court said, it would need to negotiate a new provision in the collective bargaining agreement.

Mexican Military Takes over Key Pacific Seaport in Bid to Fight Cartels. The Mexican military has moved into the major port of Lazaro Cardenas and the adjoining town of the same name in the violence-plagued state of Michoacan. Soldiers are now responsible for policing duties, and all 113 police officers in Lazaro Cardenas have been sidelined until they undergo drug testing and police training. The port of Lazaro Cardenas is the main entrepot for precursor chemicals used in the manufacture of methamphetamine, which is produced in the state by the Knights Templar cartel. The Knights are also engaged in ongoing fighting with vigilante "self-defense" forces in the state.

(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.)

Marijuana Policy on the Ballot (Last) Tuesday

[Ed: This piece was written before Election Day. See other articles this issue for the results.]

State and local elections Tuesday will see voters in Colorado, three Michigan cities, and Portland, Maine, deciding on marijuana policy reform questions. In Colorado, voters will decide whether to approve taxation of the legal marijuana industry, while in Michigan and Portland, voters will decide on decriminalization and legalization, respectively.

In Colorado, Proposition AA would impose a 15% excise tax on wholesale recreational marijuana transactions, as well as an additional 10% sales tax at the retail level. The measure is expected to pass despite the opposition of some vocal segments of the state's marijuana community.

In Lansing, Jackson, and Ferndale, Michigan, voters will be asked to amend city charters to ensure "that nothing in the Code of Ordinances shall apply to the use, possession, and transfer of less than one ounce of marijuana, on private property, by a person who has attained 21 years," as the Lansing language puts it.

"It's important to send a message and to take a position as a capital city," said Jeffrey Hank, a Lansing attorney who has pushed to decriminalize marijuana in Lansing. "We're the last of the major Michigan cities to have (marijuana decriminalization) reform."

Decriminalization (or personal legalization) has already passed in Ann Arbor, Detroit, Flint, Grand Rapids, Kalamazoo and Ypsilanti.

In Portland, voters in Maine's largest city will decide whether to approve Question 1, which would allow adults 21 and over to possess up to 2 ½ ounces without penalty. The question also includes a resolution of support for taxing and regulating marijuana at the state and federal level.

While the Maine and Michigan local initiatives are likely to be ignored by state and local law enforcement, they will still have the symbolic value of putting voters on record as supporting marijuana law reform. If they pass, that is.

Chronicle Daily News--November 1, 2013

The big news today is yesterday's surprising appeals court ruling allowing the NYPD to continue stop-and-frisk searches, but there's more as well on marijuana reform, drug testing, and a conference in New Zealand.

NYPD practices stop-and-frisk techniques (nyc.gov/nypd)
Search and Seizure

Federal Appeals Court Blocks Judge's Ruling on NYPD Stop-and-Frisk. The 2nd US Court of Appeals in New York City blocked an order by District Court Judge Shira Scheindlin requiring changes in the NYPD's much criticized stop-and-frisk program. In an unusual move, the appeals court also removed Judge Scheindlin from the case, saying she had violated the code of conduct for federal judges by giving media interviews and publicly responding to criticism of her court. Scheindlin had found that NYPD violated the civil rights of tens of thousands of people by subjecting them to stop-and-frisk searches based on their race.

Drug Testing

Truckers Object to Federal Bill to Allow Hair Drug Tests. A bill pending in Congress, House Resolution 3403, the "Drug Free Commercial Driver Act of 2013," is drawing opposition from an independent trucker group, the association's organ Landline Magazine reports. The bill would allow trucking companies to use hair testing for pre-employment and random drug tests. Currently, federal regulations mandate urine testing and allow hair testing only in conjunction with urine tests, not as a replacement. Hair-based testing can reveal drug use weeks or months prior to the testing date. The independent truckers accuse bill sponsors of carrying water for larger trucking firms that want to undercut their competition.

Marijuana Policy

Colorado to Vote Tuesday on Marijuana Tax. Colorado voters will decide Tuesday whether to impose a 15% excise tax on marijuana sales to pay for school construction and a 10% sales tax to pay for marijuana regulation. The tax vote wasn't included in Amendment 64 because state law requires any new taxes to be approved by the voters. The measure is expected to pass despite opposition from some marijuana activists.

No Pot in Washington Bars, State Regulators Say. The Washington State Liquor Control Board Wednesday filed a draft rule banning any business with a liquor license from allowing on-site marijuana use. The state's pot law already bars public use, including in bars, clubs, and restaurants, but some businesses have tried to find loopholes allowing customers to use on premise, such as by having "private clubs" within the establishment.

DC Marijuana Reform Moves Could Spur Congress to Ponder Legalization. The DC city council appears set to approve decriminalization, and DC marijuana activists are pondering a 2014 ballot initiative to legalize marijuana. That could set the stage for Congress to finally turn its sights on federal marijuana legalization, Bloomberg News suggested in this think piece.

One-Fourth of Americans Would Buy Legal Weed, Poll Finds. At least one out of four Americans (26%) said they would buy marijuana at least on "rare occasions" if it were legal, according to a Huffington Post/YouGov poll released Thursday. Only 9% said they buy it on rare occasions now. One out of six (16%) of respondents said they never buy it now, but might if it were legal.

International

New Zealand to Host International Conference on Drug Reform Laws. The country has drawn international attention for its innovative approach to new synthetic drugs—regulating instead of prohibiting them—and will be the site of a March 20, 2014 "Pathway to Reform" conference explaining how the domestic synthetic drug industry began, how the regulatory approach was chosen and how it works. International attendees will include Drug Policy Alliance head Ethan Nadelmann and Amanda Fielding, of Britain's Beckley Foundation.

Panel to Study California Marijuana Legalization

California Lieutenant Gov. Gavin Newsom (D) will lead a blue ribbon panel of expert to chart a path toward marijuana legalization, the ACLU of California announced Thursday. At the same time, the group released polling results showing that two-thirds of California voters are ready to support regulated legal marijuana commerce that contributes to state tax coffers.

Gavin Newsom announces panel formation. (Rebecca Farmer)
"The prohibition of marijuana has had an enormous human and financial cost in communities across this state," said Newsom, the highest ranking elected official in California to publicly endorse taxing and regulating marijuana for adults. "It is far past time for Californians take a serious look at smarter approaches to marijuana, and it is imperative that happen before any marijuana ballot initiative gets underway."

The panel will consist of academic, legal, and policy experts and "will engage in a two-year research effort," the ACLU said. That is a clear signal that organizers are aiming at 2016 -- not 2014 -- as the time to put the matter before voters, even though at least two separate 2014 marijuana legalization initiative efforts are already underway in the state.

"The panel's work will be designed to help voters and policy makers evaluate proposals for a strict tax and regulation system that will enable California to benefit from billions of dollars of new revenue while ensuring safe communities and protecting against underage use," the ACLU said.

Among those named to the panel are Keith Humphreys, a Stanford Health Policy Associate who was a senior policy analyst at the White House Office of National Drug Control Policy in 2009-2010; Erwin Chemerinsky, constitutional law expert and dean of the University of California, Irvine School of Law; two past presidents of the California Society of Addiction Medicine; Dr. Seth Ammerman, a Stanford University professor and member of the American Academy of Pediatrics; Santa Clara County Sheriff Laurie Smith; and Sam Kamin, a Denver University law professor who has been appointed to the Colorado governor's task force for implementing that state's marijuana legalization initiative.

Also included are Alison Holcomb, campaign manager of Washington state's successful 2012 ballot initiative to tax and regulate marijuana; Tamar Todd, staff attorney for the Drug Policy Alliance; Karen O'Keefe, staff attorney for the Marijuana Policy Project; and Neill Franklin, executive director of Law Enforcement Against Prohibition.

In addition to enhancing state revenue streams, marijuana legalization would end the extreme racial disparities in marijuana arrests in California, the ACLU said.

"Marijuana prohibition has harmed communities and families by needlessly ensnaring hundreds of thousands of people in the overburdened criminal justice system, with people of color far more likely to be arrested and prosecuted," said Allen Hopper, director of criminal justice and drug policy for the ACLU of California. "California voters recognize that it's time for change and will overwhelmingly support reforming marijuana laws provided it can be done responsibly with adequate safeguards and assurances that tax revenues will go to fund public schools and other important social services."

CA
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