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House Passes Seven Amendments to Rein in DEA [FEATURE]

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

In a series of votes yesterday, the House voted to end the DEA's controversial bulk data collection program and also passed three amendments cutting funding from the DEA and shifting it to other federal law enforcement priorities. In more votes today, it approved three amendments aimed at blocking DEA and Justice Department interference with industrial hemp, CBD cannabis oil, and medical marijuana in states where they are legal. A fourth amendment that would have barred interference in legal marijuana states was narrowly defeated.

The votes came as the House considers the FY 2016 Commerce, Justice, and Science Appropriations bill.

Reps. Jared Polis (D-CO), Morgan Griffith (R-VA), David Schweikert (R-AZ), and Jerrold Nadler (D-NY) offered the amendment barring the DEA and the Justice Department from using taxpayer funds to do bulk collection of Americans' communications records. It passed on a voice vote yesterday.

"Congress dealt a major blow to the DEA by ending their invasive and offensive bulk data collection programs and by cutting their budget, said Bill Piper, director of national affairs for the Drug Policy Alliance. "The more the DEA ignores commonsense drug policy, the more they will see their agency's power and budget come under deeper scrutiny."

Last night, members voted to slash $23 million from the DEA's budget and reallocate the money for more cost-effective programs. One amendment, from Rep. Ted Liew (D-CA) shifted $9 million from the agency's marijuana eradication program to youth programs; another, from Rep. Steve Cohen (D-TN) shifted $4 million from the DEA budget to rape test kits; while the third, from Rep. Joaquin Castro (D-TX) shifted $9 million from the DEA to a program to try to reduce police abuse by procuring body cameras for police officers.

In today's votes, an amendment offered by Reps. Dana Rohrabacher (R-CA), Sam Farr (D-CA), Reid Ribble (R-WI), Barbara Lee (D-CA), Thomas Massie (R-KY), Joe Heck (R-NV), Steve Cohen (D-TN), Don Young (R-CA), Jared Polis (D-CO), Tom McClintock (R-CA), and Dina Titus (D-NV) would bar the DEA and Justice from interfering in medical marijuana states. It passed 242-186. Similar legislation passed Congress last year, but was set to expire.

The House also passed an amendment from Rep. Scott Perry (R-PA) to protect state laws allowing for the use of CBD cannabis oil. It passed 297-130. A third amendment, from Reps. Suzanne Bonamici (D-OR) and Thomas Massie (R-KY), to protect state laws allowing industrial hemp also passed on a vote of 282-146.

But the most far-reaching amendment, which would have barred federal interference in states where marijuana is legal for either medical or general purposes, failed on a vote of 206-222. It was sponsored by Reps. Tom McClintock (R-CA), Jared Polis (D-CO), Earl Blumenauer (D-OR), Don Young (R-AK), Barbara Lee (D-CA), and Dana Rohrabacher (R-CA).

"Votes in support of rolling back the federal government's war on medical marijuana are beginning to become routine. Last year, passing this amendment was unprecedented. This year, it was predictable. Medical marijuana has gone from 'controversial' to 'conventional' on Capitol Hill," said Dan Riffle, director of federal policy for the Marijuana Policy Project.

But this is just the start, Riffle said.

"This is an important amendment because it addresses the tension between state and federal marijuana law," he noted. "We welcome it as a temporary fix, but what we really need is a comprehensive and more permanent solution. It's time for Congress to pass legislation that ends prohibition at the federal level and allows states to determine their own marijuana policies."

Tom Angell of Marijuana Majority was singing the same tune.

"Now that the House has gone on record with strong bipartisan votes for two years in a row to oppose using federal funds to interfere with state medical marijuana laws, it's time for Congress to take up comprehensive legislation to actually change federal law," he said. "That's what a growing majority of Americans wants, and these votes show that lawmakers are on board as well. Congress clearly wants to stop the Justice Department from spending money to impose failed marijuana prohibition policies onto states, so there's absolutely no reason those policies themselves should remain on the law books any longer."

"There's unprecedented support on both sides of the aisle for ending the federal war on marijuana and letting states set their own drug policies based on science, compassion, health, and human rights," said DPA's Piper.

Despite the narrow failure of that last amendment, the votes are just the latest indicator of rising congressional dissatisfaction with the scandal-plagued agency. Former Administrator Michele Leonhart was forced to resign earlier this year after a disastrous performance before congressional overseers over the agency's latest scandal, which involved DEA agents using taxpayer (and sometimes, drug baron) funds to consort with prostitutes in Colombia.

But the agency's problems with Congress go deeper than mere scandals -- of which there are plenty -- and reflect rising congressional concern that the DEA is not only ineffective, but downright obstinate, especially when it comes to marijuana policy. Leonhart herself epitomized the culture problem in the DEA when she was unable to bring herself to admit to Congress last year that marijuana is less dangerous than heroin.

The House has now shown it isn't very keen on the DEA's mass surveillance programs, either. Knowledge of their extent first appeared with a Reuters expose in 2013 that outlined collaboration between the DEA, NSA, CIA and other agencies to spy on Americans in the name of the drug war, including the creation of false investigative trails to disguise the fact they were getting information from secret surveillance programs. Then, this April, USA Today reported that the DEA and Justice Department have been keeping secret records of billions of international phone calls made by Americans for decades. The program, the first known US effort to gather bulk data on citizens, regardless of whether or not they were suspected of committing a crime, was the precursor of the post-9/11 spying programs.

"The DEA built the modern surveillance state," said Piper. "From spying on Americans to busting into people's homes the DEA doesn't fit in well in a free society and the time is now to reverse these harms."

DPA recently released a new report, The Scandal-Ridden DEA: Everything You Need to Know. The report and a comprehensive set of background resources about the campaign to rein in the DEA are available at www.drugpolicy.org/DEA.

"The DEA is a large, expensive, scandal-prone bureaucracy that has failed to reduce drug-related problems," said Piper. "There's a bipartisan consensus that drug use should be treated as a health issue instead of a criminal justice issue; with states legalizing marijuana and adopting other drug policy reforms it is time to ask if the agency is even needed anymore."

Washington, DC
United States

URGENT: Congressional Vote on Permitting State Marijuana Laws!

Call Congress This Afternoon to Protect State Marijuana Laws!
Congress may vote as soon as tonight on the McClintock-Polis amendment, which would prohibit the Department of Justice, including the Drug Enforcement Administration, from spending funds to interfere with state-legal marijuana laws. This amendment would renew similar legislation passed last year to protect medical marijuana, and would expand it to include regulated marijuana for personal use as well.

Please call your member of Congress this afternoon to ask for a YES vote on the McClintock-Polis amendment. Our system will look up who your representative is, based on your address, and will provide the phone number. Here are a few points you can make, if you get into discussion with the staff:

  • The McClintock-Polis Amendment will only apply in states that have adopted marijuana law reforms.
  • Today people who are acting in compliance with their states' marijuana laws remain at risk of federal prosecution -- a large and growing number of ordinary businesspersons and citizens.
  • The amendment doesn't require states to legalize marijuana, nor will it impact on any state's ability to enforce their own marijuana laws
  • There is substantial support across a range of the political spectrum for allowing states to set their own marijuana policies, including legalization -- even from people who themselves don't support legalization in their own states.

Visit http://capwiz.com/drcnet/callalert/index.tt?alertid=66234626 to take action now!

Senate Commitee Clears Way for Medical Marijuana for Veterans [FEATURE]

The Senate Appropriations Committee today approved an amendment that would allow doctors with Veterans Affairs to recommend medical marijuana to veterans suffering from PTSD, serious injuries, and other debilitating conditions. The amendment was approved on a vote of 18-12.

The vote marked the first time any Senate body has approved a marijuana reform measure.

The vote came on an amendment to the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act. The amendment was offered by Sens. Steve Daines (R-MT) and Jeff Merkley (D-OR) and would undo a 2009 directive barring VA doctors from recommending medical marijuana even in states where it is legal.

Currently, the Department of Veterans Affairs (VA) specifically prohibits its medical providers from completing forms brought by their patients seeking recommendations or opinions regarding participation in a state medical marijuana program. The Daines/Merkley amendment authorizes VA physicians and other health care providers to provide recommendations and opinions regarding the use of medical marijuana to veterans who live in medical marijuana states.

The House narrowly defeated a similar amendment to its version of the appropriations bill. Now, the two versions of the bill must be reconciled.

Even if the move is killed in conference committee, a legislative version of the amendment is still alive in Congress. That is the Compassionate Access, Research Expansion and Respect States (CARERS) Act, sponsored by Sens. Corey Booker (D-NJ) and Rand Paul (R-KY).

The vote was lauded by drug reform advocates.

"Veterans in medical marijuana states should be treated the same as any other resident, and should be able to discuss marijuana with their doctor and use it if it's medically necessary," said Michael Collins, policy manager for the Drug Policy Alliance. "They have served this country valiantly, so the least we can do is allow them to have full and open discussions with their doctors."

"A bipartisan coalition of lawmakers came together and passed broadly supported marijuana policy reform. This is exactly how most Americans want Congress to handle this issue. Hopefully we are reaching a point at which it is becoming the norm, rather than the exception. The pace at which support appears to be growing in the Senate is particularly encouraging," said Dan Riffle, director of federal policies for the Marijuana Policy Project.

VA hospital, Durham, North Carolina.
"Doctors should never be prohibited from helping their patients obtain the best possible medical treatment. Many veterans are finding that medical marijuana is the most effective treatment for PTSD and other service-related medical conditions. Finally, Congress is working to remove barriers to accessing it rather than building them," Riffle continued.

"While we won five votes in a row on the House floor last year, this is the first time we've ever won a vote on a positive marijuana reform measure in the Senate," said Tom Angell, director of Marijuana Majority. "And with polls showing that a growing majority of voters supports ending prohibition, it's safe to say it won't be the last. Elected officials are finally starting to wake up to the fact that endorsing marijuana reform is good politics instead of the dangerous third-rail they've long viewed it as, and that means a lot more victories are on the way soon," he predicted.

Colombia Suspends Use of Aerial Herbicide to Kill Coca Crops [FEATURE]

[This article was written in collaboration with AlterNet and originally appeared here.]

No more of this. (wikipedia.org)
Colombian President Juan Manuel Santos announced today that he is halting the use of the herbicide glyphosate as part of a US-backed effort to destroy coca crops. More than four million acres of land in the country have been sprayed with the Monsanto-manufactured weed killer.

The US has paid for the program as part of its multi-billion dollar, decades-long anti-drug campaign in the country that had been (and might be again) the world's largest coca and cocaine producer. US contractors paid by the State Department do some of the spraying.

Santos acted a little more than a month after the World Health Organization (WHO) said that the herbicide is probably carcinogenic and days after the Colombian Health Ministry, citing the WHO report, recommended that the program be halted.

Critics of the spraying program had complained for years that the herbicide not only killed coca crops, but also injured people, livestock, and other plant life exposed to it. Those claims got some backing last year when Daniel Mejia, chairman of an expert panel advising the Colombian government on its drug strategy, published research showing high rates of skin problems and miscarriages in areas sprayed with glyphosate.

The move comes in the midst of peace talks between the Santos government and the rebels of the FARC (Colombian Revolutionary Armed Forces), who have been in rebellion against the government in Bogota for more than 50 years. The two sides had already agreed that aerial eradication should be used only as a last resort.

It was the strength of the rebels around the turn of the century that was a principal reason for the resort to aerial spraying. Their presence in coca-growing areas, where guerrilla fighters protected the crops, made manual eradication risky. At least 62 manual eradicators -- 48 of them soldiers -- have been killed since 2009 and nearly 400 injured, most of them the victims of guerrilla groups.

Colombian coca cultivation had declined for the previous six years, but jumped 39% last year, according to a US government report that came out last week. The conveniently timed report, which blamed the increase on new cultivation outside areas where aerial eradication was allowed, failed, however, to stop the Colombian government from suspending the program.

Reform Global Drug Policy

UN Headquarters, New York

Our new coalition is pressing for a range of reforms to international drug policy, including the prioritizing of human rights, public health, economic development, access to medicines, security, and the revision of the UN drug control conventions to eliminate the conflict that has emerged between treaty language and legalization of marijuana or other drugs in UN member states.

The statement linked here was signed by over 100 organizations, including major ones like the ACLU and Human Rights Watch. It argues that in cases of irreconcilable conflict, nations' obligations under the human rights treaties, which are enshrined as fundamental in the United Nations Charter, take precedence over provisions of the drug control treaties. The statement calls for a range of improvements to policies; for the UN to appoint a "Committee of Experts" to study the topic of drug treaty reform; and calls on the Obama administration to harmonize its foreign policy on drugs with its domestic policies by providing leadership at the UN to make that happen.

We continue to accept signatories for this statement. To do so, please email David Borden at borden@drcnet.org with your organization's name, a sentence indicating that the organization endorses the sign-on statement, and your position within the organization.

Note that we have also circulated a sign-on letter opposing the death penalty for drug convictions. Information on this appears below.

Release: Major Groups Call for UN to Respect Countries That Legalize Marijuana or Other Drugs (5/5/15)


CONTACT: David Borden, borden@drcnet.org

Major Groups Call for UN to Respect Countries That Legalize Marijuana or Other Drugs

Human Rights Should Take Priority Over Drug Enforcement, New Letter Says

NEW YORK, NY – As the United Nations prepares for the first comprehensive review of global responses to drug problems in nearly two decades, a broad coalition of more than 100 organizations is pushing for the international body to respect countries that move away from prohibition.

"Existing US and global drug control policies that heavily emphasize criminalization of drug use, possession, production and distribution are inconsistent with international human rights standards and have contributed to serious human rights violations," the groups write in a new letter being released today.

Groups including the American Civil Liberties Union, Human Rights Watch, Global Exchange, Drug Policy Alliance and the Ella Baker Center for Human Rights are among the signatories. Also notable are a number of organizations devoted to health policy and AIDS services.

The letter's release is timed to a United Nations "High-Level Thematic Debate on the World Drug Problem" taking place in New York on Thursday, May 7, in preparation for a UN General Assembly Special Session on Drugs (UNGASS) scheduled for April 2016. Advocates believe that countries should take the UNGASS as an opportunity to pursue a range of reforms to global drug policy, including revising provisions of the UN Drug Conventions that threaten to stand in the way of reform. The Obama administration has taken the stance that countries should be free to pursue different kinds of systems under the treaties – including legalization – but has also opposed treaty reform, a stance which advocates have questioned.

"The administration's call to respect countries' right to try regulation rather than prohibition is a positive step for drug policy, as are other reforms the US has sought internationally," said David Borden, executive director of StoptheDrugWar.org, who coordinated the sign-on letter. "But it doesn't make sense to oppose having a discussion within the UN about modernizing the treaties to reflect that."

The coalition has called for the UN to appoint a "Committee of Experts" to study treaty reform, a common UN procedure for addressing issues of interest.

To date, four US states and the District of Columbia have legalized cannabis, as has the nation of Uruguay. Many other countries have decriminalized possession of certain drugs or have implemented harm reduction measures like syringe exchange programs. While the UN's drug enforcement body has warned that some of these policies may violate the treaties, the push for reform doesn't appear to be slowing anytime soon.

The new letter calls for revising the treaties, and says that in the meanwhile "in case of irreconcilable conflict, human rights principles, which lie at the core of the United Nations charter, should take priority over provisions of the drug conventions."  Human rights concerns may require shifting to drug control systems that aren't based on prohibition, the statement suggests. "Accommodating… experiments… with legalization and regulation of internationally controlled substances may require that the UN drug conventions are interpreted in light of countries' international human rights and other obligations."

Although marijuana legalization is a major factor driving the international drug debate, another is the impact the illicit drug trade has in Latin America, where violence and related criminal problems associated with the trade exceed that suffered in other regions.

John Walsh, senior associate at the Washington Office on Latin America (WOLA), said, "Some Latin American leaders are now openly questioning the global drug prohibition regime, because of the destruction caused by criminal organizations fueled by enormous drug trade profits. Meanwhile, the US is undergoing important shifts in its own domestic policy, with the Obama administration wisely accommodating states that are legalizing and regulating cannabis. This expands the political space for other countries as well." Walsh is the coauthor of "Marijuana Legalization is an Opportunity to Modernize International Drug Treaties," co-published by WOLA and The Brookings Institution.

Advocates also warn that flexibility, as called for by the State Department, shouldn't be used to justify human rights violations in any country, such as the death penalty for nonviolent offenses or the banning of life-saving public health interventions like syringe exchange or opioid substitution therapy. "Prohibition has been a public health and human rights disaster," said Charles King, CEO of the US's largest community-based AIDS service organization, Housing Works. "That's why citizens around the world are calling for – and in some cases enacting – forward-thinking reforms that move away from criminalization and toward regulation and control. US and UN agencies should stop trying to cut off the treaty reform discussion and encourage a truly open debate instead."

The full text of the letter and list of signatories are online at http://stopthedrugwar.org/un.

StoptheDrugWar.org works for an end to drug prohibition worldwide, and an end to the "drug war" in its current form. We believe that much of the harm commonly attributed to "drugs" is really the result of placing drugs in a criminal environment. We believe the global drug war has fueled violence, civil instability and public health crises; and that the currently prevalent arrest- and punishment-based policies toward drugs are unjust.

# # #

Chronicle AM: Reps Call for Better DEA Head, US Afghan Opium Boondoggle, Mexico Violence, More (5/1/15)

The House rejects medical marijuana for vets, Georgia's governor signs a CBD cannabis oil bill, Congressmembers call for a progressive DEA head, the US spent $8.4 billion to wipe out Afghan poppy crops and got squat, there's a new report on prohibition-related violence in Mexico, and more.

The US has spent $8.4 billion to wipe out Afghan poppies, but the crop is bigger than ever. (unodc.org)
Medical Marijuana

House Rejects Medical Marijuana Access for Vets by Three Votes. An amendment from Rep. Earl Blumenauer (D-OR) to allow Veterans Administration doctors to fill out state medical marijuana recommendation forms for veterans was defeated Thursday by a vote of 213-210. The amendment was to the spending bill to the Veterans Administration.

California Assembly Passes Medical Cannabis Organ Transplant Act. The Assembly approved Assembly Bill 258, filed by Assemblymember Marc Levine (D-San Rafael). The bill bars anyone in the organ transplant process from using a patient's use of medical marijuana to deny them a transplant, unless that use is clinically significant to the transplant process. The bill now heads to the state Senate.

Georgia Governor Signs CBD Cannabis Oil Bill. Gov. Nathan Deal (R) Thursday signed into law House Bill 1, the "Hailey's Hope Act." The law will allow qualifying patients to use CBD cannabis oils containing less than 5% THC. Click on the link to see the list of qualifying conditions.

Drug Policy

Congressmembers Call for a More Progressive DEA Head. Eight members of Congress have sent a letter to the White House urging it to replace disgraced outgoing DEA head Michele Leonhart with someone who will "reflect your administration's policies. Leonhart, they said, "leaves behind a legacy of strident opposition to efforts to reform our nation's drug policy." Click on either link for more.


Afghan Opium Production Jumps Despite $8.4 Billion US Effort. The US has dumped $8.4 billion into fighting opium production in Afghanistan since invading and occupying the country in late 2001, but has basically gotten squat for its efforts, according to the latest counternarcotics efforts in Afghanistan, and the country is the global leader in illicit opium cultivation and production," the quarterly report concluded.

Italian Army Begins Growing Medical Marijuana. To address a shortage of medical marijuana in the country, the Italian Army has begun growing medical marijuana in a bunker inside a pharmaceutical plant in Florence. "The aim of this operation is to make available to a growing number of patients a medical product which isn't always readily available on the market, at a much better price for the user," Colonel Antonio Medica told Italian website Corriere della Sera. The operation is expected to produce about 220 pounds annually.

Mexico Drug Trafficking Violence Declines, But Still Deadly. An annual report from the University of San Diego's Justice in Mexico project finds that homicides have declined for the third year in a row and that cities such as Acapulco, Chihuahua, and Ciudad Juarez have seen dramatic reductions in violence, but that new areas of concern have emerged, including the states of Morelos and Jalisco. "Violence remains relatively high and the security situation remains problematic in certain parts of the country," said the report, Drug Violence in Mexico.

Mexican Gunmen Shoot Down Military Helicopter in Jalisco, Killing Three Soldiers. A military helicopter trailing carloads of suspected cartel gunmen was hit with gunfire from the convoy today, resulting in a crash landing that left three of the 11 troops on board dead. The attack came as violence roiled the state: More than a dozen trucks and buses were torched in Guadalajara, gunmen clashed with police in the town of Autlan, and five banks were torched in Ciudad Guzman. This is the turf of the Jalisco New Generation Cartel, which killed 20 police officers in the state in two ambushes in March and April.

Medical Marijuana Update

Busy, busy at the statehouse, there's news out of Washington, DC, too, a Wyoming medical marijuana initiative gears up, and more.


On Sunday, Obama suggested support for the Senate medical marijuana bill. In an interview aired Sunday night on CNN's Weed 3 special with Dr. Sanjay Gupta, Gupta asked the president if he would get behind the CARERS Act, which would reschedule marijuana and allow states with medical marijuana laws to proceed without threat of federal punishment. "You know, I think I'd have to take a look at the details," Obama replied, "but I'm on record as saying that not only do I think carefully prescribed medical use of marijuana may in fact be appropriate and we should follow the science as opposed to ideology on this issue, but I'm also on record as saying that the more we treat some of these issues related to drug abuse from a public health model and not just from an incarceration model, the better off we're going to be."

On Tuesday, six House Republicans filed the Respect State Marijuana Laws Act. Led by Rep. Dana Rohrabacher (R-CA), a half-dozen GOP congressmen today filed the act, which would amend the Controlled Substances Act to clarify that anyone acting in compliance with a state marijuana law would be immune from federal prosecution. The act would apply to both medical and recreational marijuana laws. It is not yet available on the congressional web site.


Last Wednesday, a 2016 medical marijuana initiative was filed. A group of medical marijuana activists have filed the Compassionate and Sensible Access Act, which is designed to protect a doctor's right to recommend medical marijuana and limit officials' ability to regulate cultivation, distribution, and transportation of the plant. To make the ballot, the language must first be approved by state officials, then campaigners will have to gather more than half a million valid voter signatures within 180 days of starting.

Also last Wednesday, the Riverside County planning commission recommended approval of an ordinance that would clarify that growing marijuana is illegal. The move is laying the groundwork for a crackdown on grows in unincorporated parts of the county. An ordinance pending before the Board of Supervisors would impose both civil and criminal penalties for such grows, with only a limited exemption for patients and caregivers.

Last Thursday, an Orange County Superior Court judge denied a motion to force Costa Mesa to hold a special election this year about whether to allow dispensaries in the city. The city council had refused to hold a special election even though a petition had been submitted and certified, instead opting to put the issue on the general election ballot in November.

Also last Thursday, the Assembly Agriculture Committee approved AB 243, which would require all medical cannabis grows to follow existing environmental laws and be permitted by the state. The bill was supported by a broad coalition of environmental and governmental interests, as well as by some growers. But California NORML, Americans for Safe Access, and Crusaders for Patients' Rights are opposing the bill unless it is amended to delete a requirement that individual patients get permits to grow, which the groups see as an unconstitutional infringement on Prop 215 patients' rights.

Last Friday, Yuba County advocates sought a state Supreme Court order asking local officials to accept petitions for a voter referendum challenging the county's new marijuana grow ordinance. The motion also seeks to stay enforcement of the ordinance, which limits indoor grows to 12 plants in a qualifying accessory structure. The move comes after the 3rd District Court of Appeals a week earlier denied an emergency writ that would have allowed for referendum petitions to move forward.

On Tuesday, the El Centro city council killed a medical marijuana ordinance that would have allowed for dispensaries in the city. The move reverses a 2011 decision to allow them. The city never actually had any permitted dispensaries, though; it kept passing moratoria while it sought to sort out legal issues.

Also on Tuesday, a medical marijuana regulation bill won a Senate committee vote. The Senate Business and Professions Committee approved Senate Bill 643, which would establish a comprehensive, statewide licensing system for medical marijuana commerce.


Last Thursday, the governor signed the CBD cannabis oil bill. Gov. Nathan Deal (R) today signed into law House Bill 1, which allows for the use of CBD cannabis oil for a list of specified diseases and medical conditions. The bill allows patients to possess the oil, but has no provision for obtaining it in the state.


On Tuesday, the Senate approved a 25% tax on medical marijuana sales. The bill is House Bill 321. It was approved by the House without the tax provision, which was added by a Senate committee without any public hearing. The bill now goes to conference committee, where advocates hope the tax can be reduced or eliminated. There is no tax on prescription medications.


Last Thursday, the governor vetoed the CBD cannabis oil bill. Gov. "Butch" Otter vetoed a bill that would have allowed the use of CBD cannabis oil to treat children suffering from epileptic seizures. Senate Bill 1146 had passed the House 39-30 and the Senate 22-12. Otter said the bill asked the state to ignore the potential for abuse and misuse, even though the oils don't contain enough THC for anyone to get high.


On Tuesday, the House approved a bill extending the medical marijuana program. The bill, sponsored by Rep. Lou Lang (D-Skokie), would extend the program beyond January 1, 2018, when it is set to expire as a pilot program. The bill now goes to the Senate.


Last Wednesday, a CBD cannabis oil bill won final approval in the legislature. The Senate unanimously approved House Bill 124, which would allow for the use of the oil to treat seizure disorders in children. The bill passed the House in February and now heads to the desk of Gov. Mary Fallin (R).


On Tuesday, the medical marijuana bill won a committee vote. The Senate State Government Committee has approved Senate Bill 3, but will hold further hearings on it next month. The sponsor, Sen. Mike Folmer (R-Lebanon County) says it may be modified to address concerns raised in the House.


On Monday, plans for a medical marijuana initiative get underway. Activists with Wyoming NORML submitted their initiative application with the secretary of state's office Monday. If and when the application is approved, organizers will have until next February to gather 25,673 valid voter signatures to place it on the 2016 general election ballot. A recent poll had support for marijuana at 72% in the Cowboy State.

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

Chronicle AM: Supreme Court Nixes Roadside Waits for Drug Dogs, DEA Head to Resign, More (4/21/15)

The DEA head is on her way out, the Supreme Court rules on making motorists wait for drug dogs to arrive, Indiana's governor extends an emergency needle exchange, a new report on asset forfeiture abuses in California is out, and more.

The US Supreme Court rules that detaining motorists on the side of the road to wait for drug dogs is illegal. (wikipedia.org)
Marijuana Policy

Washington State Legal Pot Price Declines to $12 a Gram. Pot prices averaged nearly $30 a gram—well above black market prices—when the state's first marijuana retail outlets opened, but that has changed dramatically, according to the State Liquor Control Board. Now, the average retail price of a gram is about $12, as supply expands to meet demand. That's still $336 an ounce, though.

Medical Marijuana

Wyoming Medical Marijuana Initiative Getting Underway. Activists with Wyoming NORML submitted their initiative application with the secretary of state's office Monday. If and when the application is approved, organizers will have until next February to gather 25,673 valid voter signatures to place it on the 2016 general election ballot. A recent poll had support for marijuana at 72% in the Cowboy State.

Asset Forfeiture

New Report Details California Asset Forfeiture Abuses. The Drug Policy Alliance today released a new report, Above the Law: An Investigation of Civil Asset Forfeiture Abuses in California, a multi-year, comprehensive look at asset forfeiture abuses in the state that reveals the troubling extent to which law enforcement agencies have violated state and federal law. The report finds that a handful of LA County cities lead the state in per capita seizures, that some departments rely on asset forfeiture for funding themselves, and that some departments were providing false or incomplete reports to the Justice Department.

Drug Testing

Indiana Welfare Drug Testing Bill Dead. The legislator who unexpectedly proposed adding a welfare drug testing proposal to a social services spending bill has withdrawn it after learning how few people would be tested and how little support there is for it. Rep. Terry Goodin (D-Crawfordsville) said today he would instead seek a study committee to examine how best to fight drug abuse.

Florida Governor Settles on State Employee Drug Testing. Gov. Rick Scott (R) has formally given up on his effort to subject state employees to random, suspicionless drug testing. He reached an agreement Monday with the employees' union that will only allow drug testing in a relative handful of safety-sensitive positions. Of the 1,400 job classifications Scott originally wanted covered, only 267 will be covered.

Harm Reduction

Indiana Governor Extends Emergency Needle Exchange Program. Gov. Mike Pence (R) Monday extended an emergency needle exchange program in Scott County for another 30 days in a bid to get a handle on an injection drug-related HIV outbreak there. The move comes as the legislature heard testimony supporting a bill that would allow similar exchanges elsewhere in the state.

Law Enforcement

DEA Administrator Michele Leonhart Set to Resign. DEA Administrator Michele Leonhart is expected to resign soon, a unnamed "senior administration official" told CBS News this morning. The embattled DEA head has been under fire for years over her leadership of the scandal-ridden agency, but it was her performance at a Capitol Hill hearing last week that sealed her fate. Click on the link to read our feature story on this.

Supreme Court Says Detaining Motorists to Wait for Drug Dogs to Arrive is Not OK. In a 6-3 decision today, the US Supreme Court held that detaining motorists on the side of the highway to await the arrival of a drug dog violates the Fourth Amendment's proscription against unlawful searches and seizures. Writing for the majority, Justice Ruth Bader Ginsburg noted that police may request drivers licenses, vehicle registrations, proof of insurance, and check for outstanding warrants because all those investigatory actions are aimed at enforcing traffic laws and ensuring that vehicles are operating safely—the ostensible reason for the stops. "A dog sniff, unlike those stock inquiries, lacks the same tie to roadway safety," she said. Prolonging the stop, even for a few minutes, to allow for the arrival of a drug dog was improper, Ginsburg wrote. "A traffic stop becomes unlawful if prolonged beyond the time in fact needed to complete all traffic-based inquiries," Ginsburg said. Click on the link to read our newsbrief and view the ruling itself.


Mexicans Capture Gulf Cartel Leader. Mexican authorities confirmed over the weekend that they had captured Jose Tiburcio Hernandez Fuentes, who they described as a Gulf Cartel leader responsible for much of the recent violence in the border city of Reynosa. He was caught despite a shootout between Mexican soldiers and police and around 60 cartel gunmen who tried to rescue him. The Mexicans caught a key Juarez Cartel leader just a day earlier. 

Head of Scandal-Plagued DEA to Resign [FEATURE]

DEA Administrator Michele Leonhart is expected to resign soon, an unnamed "senior administration official" told CBS News this morning. The embattled DEA head has been under fire for years over her leadership of the scandal-ridden agency, but it was her performance at a Capitol Hill hearing last week that sealed her fate.

[It's now official: Attorney General Holder announced Leonhart's retirement in a statement late this afternoon.]

DEA Administrator Michele Leonhart is on her way out the door. (justice.gov/dea)
Members of the House Oversight and Government Reform Committee pronounced themselves agog over recent reports of DEA agents in Colombia partying with prostitutes, sometimes with taxpayer dollars, sometimes paid for by Colombian drug traffickers. Those revelations came in a Justice Department Office of the Inspector General report issued last month.

Members were infuriated by the DEA's handling of the case, in which 10 DEA agents were accused of wrongdoing. Only seven of them were disciplined, and the punishment was extremely light: they were suspended for periods of one to 10 days. Leonhart drew the wrath of committee members when she claimed she was unable to discipline the agents more severely.

"What would it take to get fired at the DEA?" asked Rep. Trey Gowdy (R-SC), who said he was "stunned" that no one had been fired in the wake of the revelations. "What the hell do you have to do?"

Committee Chairman Rep. Jason Chaffetz (R-UT) told Leonhart that as agency head she carried much of the responsibility for what he called "a cultural problem" at the agency stretching back years.

"You get called before this committee and say 'Oh, it's terrible, it's awful,'" Chaffetz said at the conclusion of the hearing. "But you personally have been responsible for this for more than a decade and you didn't do anything about it."

Immediately after last Tuesday's hearing, 22 members of the committee signed a joint statement saying they had "no confidence" in Leonhart's continued leadership.

And now word leaks from the White House that Leonhart is about to become history.

It's been a long time coming. The veteran DEA administrator and her agency have been embroiled in scandal throughout her tenure. And she and the DEA have been increasingly out of step with an administration that has shown an interest in rolling back drug war excesses, from major sentencing reforms to largely (if belatedly) adopting a laissez-faire attitude toward medical marijuana and even marijuana legalization in the states.

  • The Department of Justice's Office of the Inspector General currently has six open into numerous DEA scandals, including the massacre of civilians in Honduras, the use of NSA data to both spy on virtually all Americans and to systematically fabricate evidence, and controversial uses of confidential informants.
  • A series of recent investigations by USA Today found that the DEA has been tracking billions of U.S. phone calls without warrants or even suspicion of wrong-doing, an operation copied by the NSA and other agencies after 9/11. The DEA built the modern surveillance state.
  • DEA Administrator Michele Leonhart herself has been at the center of several scandals, including the House of Death scandal in which the DEA may have turned a blind eye to torture and murder, and the Andrew Chambers scandal, in which the DEA rehired a confidential informant with a history of lying.
  • DEA conflicts with Obama administration policy. Last year, Leonhart publicly rebuked President Obama for admitting that marijuana is as safe as alcohol, told members of Congress that the DEA will continue to go after marijuana even in states where it is legal despite DOJ guidance stating otherwise, and spoke out against bipartisan drug sentencing reform in Congress that the Obama administration is supporting.
  • Last May, The DEA created a political firestorm this week when it seized seeds bound for a Kentucky hemp research program that was approved by Congress. Then Minority Leader Mitch McConnell (R-KY) called the incident "an outrage" and the Kentucky Agriculture Department sued the DEA.
  • The DEA's refusal to acknowledge science. DEA Administrator Michele Leonhart has on several occasions ignored science and overruled the DEA's own administrative law judges on medical issues relating to marijuana. In a bizarre 2012 debate with members of Congress Leonhart refused repeatedly to acknowledge that marijuana is safer than cocaine and heroin.

Drug reform groups, such as the Drug Policy Alliance (DPA) and the Marijuana Policy Project (MPP), both of which had been calling for Leonhart's head for some time, were elated, but urged the Obama administration to use this as an opportunity not to just put a new face in charge of DEA, but to change the agency's direction.

"Leonhart's DEA reflects an outdated, disastrous approach that President Obama claims he wants to leave behind,” said Bill Piper, DPA director of national affairs. "If she leaves, he has an opportunity to appoint someone who will overhaul the DEA and support drug policy reform. The DEA is a large, expensive, scandal-prone bureaucracy that has failed to reduce drug-related problems. Drug use should be treated as a health issue instead of a criminal justice issue; with states legalizing marijuana and adopting other drug policy reforms it is time to ask if the agency is even needed anymore," he said.

"Ms. Leonhart consistently and recklessly undermined President Obama's mandate that public policy be guided by science instead of ideology. Her resignation will allow the president to appoint an administrator who will rely on the facts rather than ignore them," said Dan Riffle, MPP director of federal policies.

"Most Americans, including President Obama, recognize the fact that marijuana is less harmful than alcohol. Yet, Ms. Leonhart was unwilling to even acknowledge that marijuana poses less potential harm than heroin and methamphetamine," Riffle continued. "While most of the country has been progressing in its views on marijuana policy, Ms. Leonhart has maintained a mindset straight out of the 1930s. Hopefully her resignation will mark the end of the ‘Reefer Madness’ era at the DEA."

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