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Marijuana: New Hampshire House Passes Decriminalization Bill, But Without Veto-Proof Majority

The New Hampshire House Wednesday voted 214-137 to decriminalize the possession of small amounts of marijuana, but the measure faces an uncertain future after Gov. John Lynch (D) immediately threatened to veto it. The House tally leaves supporters about 20 votes short of a veto-proof majority.

Under the bill, HB 1653, adults caught possessing or transporting up to a quarter-ounce of pot would be subject to a $400 fine. Minors caught with a quarter-ounce or less would be subject to a $200 fine and their parents would be notified. Youthful offenders would also have to complete a drug awareness program and community service within a year or face an additional $1000 fine. Under current New Hampshire law, small-time pot possession is a misdemeanor punishable by up to a year in jail and a $2,000 fine.

The House passed a similar measure in 2008, but it died in the Senate after Gov. Lynch threatened to veto it. Last year, the House dropped decrim and instead concentrated on passing a medical marijuana dispensary bill. Lynch vetoed that. The House overrode his veto, but the Senate came up two votes short.

Lynch was back in form on Wednesday. "Marijuana is a controlled drug that remains illegal under federal law. I share the law enforcement community's concerns about proliferation of this drug," Lynch said. "In addition, New Hampshire parents are struggling to keep their kids away from marijuana and other drugs. We should not make the jobs of parents — or law enforcement — harder by sending a false message that some marijuana use is acceptable."

“This makes three years in a row that the House has passed a bill attempting to reform New Hampshire’s archaic marijuana policies,” said Matt Simon, executive director for the New Hampshire Coalition for Common Sense Marijuana Policy, which led the lobbying fight for the bill. “Unfortunately, Gov. Lynch has continued to show little interest in learning what the House has learned about these issues.

The bill now goes to the Senate. But unless advocates can pass it overwhelmingly there and come up without another 20 or so votes in the House, it is likely to meet the same fate as the 2009 decrim bill and last year's medical marijuana bill.

Prohibition: Kansas Becomes First State to Ban Synthetic Cannabinoid Blends Such As K2, Spice

Kansas Gov. Mark Parkinson signed into law Tuesday HB 2411, which adds certain synthetic cannabinoids to the state's list of controlled substances. The bill is aimed directly at products containing a mixture of herbs and a powdered synthetic cannabinoid, JWH-018, which was isolated by a Clemson University researcher more than a decade ago. The products are sold under a variety of names, including Spice and K2.

Kansas thus becomes the first state to ban K2, although a handful of localities in the region have already done so. A similar bill is working its way through the legislature in neighboring Missouri, and one is about to be introduced in Georgia. And, as law enforcement across the country jumps on the bandwagon, expect similar prohibitionist efforts to pop up in other states.

Users report a marijuana-like high from using the blends. Although some adverse reactions have been reported, the number is small compared to the reported massive sales of the products.

Under the new law, which goes into effect upon publication in the state register, possession of K2 becomes a misdemeanor punishable by up to one year in jail and a $2500 fine. That's the same potential punishment as awaits someone busted for small-time marijuana possession in the Jayhawk State.

“This legislation has received overwhelming support by Kansas law enforcement and the legislature,” said Parkinson in a signing statement. “It will help improve our communities by bettering equipping law enforcement officers in addressing this issue and deterring Kansans from drug use.”

The governor is certainly correct about who supported the bill. Testifying for it were representatives of the Kansas County and District Attorneys Association, the Kansas Association of Chiefs of Police, the Kansas Sheriffs Association, the Kansas Peace Officers Association, and the Kansas Board of Pharmacy.

Prisoner Re-Entry: New Mexico Becomes Second State to "Ban the Box;" New Law Bans Criminal History Query on Public Job Applications

Gov. Bill Richardson (D) Monday signed into law a bill that removes one obstacle to employment for people with criminal convictions. The bill, SB 254, the Consideration of Crime Convictions for Jobs bill, will remove the question of public job applications about whether a person has been convicted of a felony, leaving such questions for the interview stage of the hiring process.

The bill applies to job application for state, local, or federal public jobs. It does not apply to private sector employers. It passed the Senate 35-4 and the House 54-14.

Known as "ban the box," such bills are designed to allow ex-convicts a better opportunity to re-enter the job market. Having a job is a key means of reducing recidivism.

The measure passed the Senate 35-4 and the House 54-14. New Mexico now becomes the second state to pass such legislation. Minnesota passed a similar measure in 2009. Some cities, including Boston, Chicago, Minneapolis, and San Francisco have passed similar measures as well.

"Lots of young people - and old people, too - have that one stupid mistake they made years ago," said Republican Sen. Clint Harden, a former state labor secretary who sponsored the bill. The bill gives them a chance to explain before they are shut out of the hiring process: "Yeah, I had a felony when I was 22, I got caught for possession with intent, I did probation, that was 15 years ago, and I don't do drugs now and yadda yadda," he told the Associated Press late last month.

"We thank Gov. Richardson for signing the 'ban the box' bill," said Julie Roberts, acting state director of Drug Policy Alliance New Mexico. "The governor and the New Mexico legislature affirmed their support for people with convictions to be given this opportunity for a second chance. This bill will make our communities safer and keep families together by providing job opportunities to people who need them most."

One in five Americans has a criminal record, and Roberts is one of them. She had a drug bust at age 18. "Since then, I've gone to college, I have had internships, I haven't been in trouble for eight years but I still have to check the box," she said. "There's a lot of people like me. This new law will allow individuals who are qualified for a position the chance to get their foot in the door," she said. "As a person with a criminal conviction, this law will not only help me, but others around the state who made a mistake years ago and are now rebuilding their lives."

In addition to the Drug Policy Alliance, the bill was supported by the New Mexico Conference of Churches, the Lutheran Advocacy Ministry of New Mexico, the New Mexico Public Health Association, the Women's Justice Project, and Somos Un Pueblo Unido.

For the record: State Department Report, NYC ODs drop, Guatemalan Top Cop & Head Narc Busted, Salvia Banned in Wisconsin

Even though there was no Chronicle last week--due to your editor's death-battle with a vicious Mexican bug; I only returned to the land of the living on Friday--things continued to happen anyway. Here are a handful of items that would have been in the Chronicle had there been one last week:

On Monday, the State Department released its annual state on the world on drugs report. The report, called the 2010 International Narcotics Control Strategy, was going to be the subject of a feature story last week before I got sick. I may still go with it this coming week.

Also on Monday, the New York City Health Department reported overdose deaths fell in 2008 to the lowest level since 1999. OD fatalities fell from 874 in 2006 to 666 in 2008. Increased use of naloxane, an opioid agonist used to undo overdoses may get some of the credit.

On Tuesday, Guatemala's national police chief and its head narc were arrested for links to drug traffickers and for the murders of five policemen. Police Chief Batlazar Gomez and anti-drug head Nelly Bonilla were arrested during an "investigation into a drug robbery (in April 2009) in Amatitlan, which those detained today are believed to have participated in", said Attorney General Amilcar Velasquez. Five police officers were killed during the robbery. The pair currently face charges of conspiracy, breaking and entering, abuse of power, making illegal arrests, drug trafficking, obstruction of justice, illegal possession of firearms and ammunition.

On Thursday, Wisconsin Gov. Jim Doyle signed into law a bill banning salvia divinorum. That makes Wisconsin the 19th state to move against Sally D. A few states have limited its sale to adults, but most of those states have simply banned salvia. The Wisconsin bill, AB 186, bans the manufacture, distribution, or sales of salvia—although not its possession—and backs it up with a $10,000 fine.

I'm back at it now, and that means the Chronicle will be back on Friday. In the meantime, I'll most likely post a story or two in the blog just to see if you're paying attention.

Medical Marijuana: Iowa Pharmacy Board Recommends State Legalize It for Therapeutic Use

The Iowa Board of Pharmacy voted unanimously Wednesday to recommend that state lawmakers reclassify marijuana as a Schedule II controlled su

Iowa Board of Pharmacy Recommends Medical Marijuana

The Iowa Board of Pharmacy voted unanimously Wednesday to recommend that state lawmakers reclassify marijuana as a Schedule II controlled substance and set up a task force to study how to create a medical marijuana program. Medical marijuana bills have failed to move in the state legislature, but the board's action could help spur forward momentum.

Similarly to the federal Controlled Substances Act, Iowa law currently classifies marijuana as a Schedule I drug with no proven medical use and a high potential for abuse. By recommending that marijuana be rescheduled to Schedule II—a potential for abuse, but with accepted medical use—the board acknowledged the herb's medical efficacy.

Given the board's initial reluctance to take up the issue, the unanimous vote comes as something as a pleasant surprise to advocates. In May 2008, Iowans for Medical Marijuana founder Carl Olsen petitioned the board to reschedule marijuana, arguing that the evidence did not support its classification as Schedule I.

The board rejected that request, and Olsen, three plaintiffs, and the ACLU of Iowa sued to force it to reconsider. (See the filings in the case here). Last year, a Polk County judge ordered the board to take another look at the matter. The board again declined to reclassify marijuana, but did agree to a series of four public hearings.

It was after those hearings, which were packed with medical marijuana supporters, and after a scientific review of the literature, that the board acted this week. In doing so, it becomes the first state pharmacy board in the nation to take such a step before voters or lawmakers have legalized medical marijuana.

The board's action also puts it squarely in line with popular sentiment in the Hawkeye State. According to an Iowa Poll released Tuesday, 64% of Iowans want medical marijuana to be legal. Now, if only the legislature will act on the recommendation of the board and the will of the voters.

Feature: El Paso City Council Passes Resolution Criticizing Drug War, But Only After Killing Marijuana Regulation Language

A year ago, dismayed at the violence rocking its sister city of Ciudad Juárez just across the Rio Grande River, the city council in the remote Texas border city of El Paso unanimously passed a res

Feature: South Dakota Medical Marijuana Campaigners Set to Hand in Signatures for November Initiative

In 2006, voters in South Dakota become the first -- and the only -- in the nation to reject a state initiative legalizing medical marijuana, defeating it by a margin of 52% to 48%.

Feature: New Jersey Legislature Passes Medical Marijuana Bill, State to Become 14th to Okay Medical Marijuana (Plus DC)

New Jersey is set to become the 14th state to legalize the medicinal use of marijuana after the state Assembly Monday approved the "

New Jersey Legislature Passes Medical Marijuana Bill, Set to Become 14th Medical Marijuana State (Plus DC)

New Jersey is set to become the 14th state to legalize the medicinal use of marijuana after the state Assembly Monday approved the Compassionate Use Medical Marijuana Act" by a vote of 46-14. Later Monday evening, the state Senate, which had already approved its version of the measure, voted final approval by a margin of 25-13. Outgoing Gov. Jon Corzine (D) has said he will sign the bill.

The Assembly debated the bill for half an hour Monday afternoon before approving it. The debate took place before galleries backed with bill supporters and opponents. It was a similar scene in the Senate a few hours later.

"It does not make sense for many of New Jersey's residents to suffer when there is a viable way to ease their pain," said Assemblyman Reed Gusciora (D-Mercer), one of the sponsors of the bill. "Medical marijuana can alleviate a lot of suffering, and there is no evidence that legalizing it for medical use increases overall drug use."

The bill will be one of the most restrictive in the nation. Patients diagnosed by their primary care physician as having a qualifying medical condition would be allowed to obtain—but not grow—medical marijuana through one of at least six "alternative treatment centers," or dispensaries. But patients would be able to register with only one dispensary at a time and would have to use the written recommendation within a month of when it was written.

Qualifying medical conditions include severe or chronic pain, severe nausea or vomiting or cachexia brought on by HIV/AIDS or cancer ("or the treatment thereof"), muscular dystrophy, inflammatory bowel diseases, and terminal illnesses where the patient has less than a year to live. Chronic pain was removed from the original bill in an Assembly committee vote last summer, but reinserted last week when the Assembly approved an amendment by Assemblyman Gusciora.

Patients could possess up to two ounces and be prescribed up to two ounces per month. That is an increase from the one ounce possession limit in earlier versions of the bill. Patients would be able to name a caregiver, courier, or delivery option to pick up medicine at the dispensary and deliver it to them.

"This will be the strictest medical marijuana law in the nation," Gusciora said at a statehouse press conference Monday. "We have a good bill that will be very strict and will not decriminalize marijuana, but will allow doctors to prescribe the best treatment for their patients."

Roseanne Scotti, director of the Drug Policy Alliance New Jersey office, who has lobbied tirelessly for passage of a medical marijuana bill, agreed that the final Garden State bill is very tight, but said it was a start. "There will be some patients who will be able to get some relief," she said. "We think once the program's up and running and people see that there aren't problems, we'll be able to go back and get in some more of our patients."

Also at the press conference were patients Diane Riportella and Mike Oliveri. Riportella was diagnosed with Lu Gerhrig's Disease in 2007 and given no more than five years to live. Oliveri suffers from muscular dystrophy.

"I'm so excited to be able to be alive and to be here for this moment," said Riportella, 53, of Egg Harbor Township. "Within a few seconds, I'm relaxed and I'm smiling and I go to Disneyland just for a few minutes and say 'It's not so bad, I can live another day,'" Riportella said.

Oliveri, 25, said he moved from his New Jersey home to California in order to be able to legally access medical marijuana. He said he vaporizes about an ounce a week to ease the pain in his legs and back and calm his digestive tract and that he had used it illegally before leaving for the West Coast. "I took every medication known to man before I took weed," said Oliveri, 25. "I knew it was a risk …but it was a life or death matter."

The bill was supported by organizations including the New Jersey State Nurses Association, the New Jersey Academy of Family Physicians, the New Jersey Hospice and Palliative Care Organization, the New Jersey League for Nursing, the American Civil Liberties Union of New Jersey and the New Jersey chapters of the Leukemia and Lymphoma Society.

Special credit goes to the Coalition for Medical Marijuana--New Jersey, the patients' and advocates' group that has fought for years to get the bill over the top.

New Jersey will now join Alaska, California, Colorado, Hawaii, Maine, Montana, Michigan, Nevada, New Mexico, Oregon, Rhode Island, Vermont, and Washington in the list of medical marijuana states. That list also includes the District of Columbia.

New Jersey Assembly Approves Medical Marijuana Bill, One More Vote in the Senate This Afternoon

On the last day of the legislative session, the New Jersey Assembly has approved the state's medical marijuana bill, the Compassionate Use Act, on a vote of 48-14.

The state Senate will vote on it later today.

Outgoing Gov. Jon Corzine (D) has said he will sign it.

Look for a feature post on this once the Senate votes.

Feature: New York Post's Attack on "Heroin How-to" Harm Reduction Pamphlet Fails to Get It Dropped

Harm reduction in New York City came under attack last weekend when the tabloid New York Post ran an article titled

Sentencing: New Jersey Legislature Rolls Back Mandatory Minimums, Governor Will Sign Bill Into Law

With a 46-30 vote Thursday, the New Jersey Assembly gave final approval to a bill that will end mandatory minimum sentences for some "drug free zone" drug offenses.

Latin America: Mexico Drug War Update

by Bernd Debusmann, Jr.

[Editor's note: Bernd went on holiday Sunday; look for the rest of this week's Mexico news in the next issue of Drug War Chronicle.]

Mexican drug trafficking organizations make billions each year trafficking illegal drugs into the United States, profiting enormously from the prohibitionist drug policies of the US government. Since Mexican president Felipe Calderon took office in December 2006 and called the armed forces into the fight against the so-called cartels, prohibition-related violence has killed over 16,000 people, with a death toll of over 7,000 so far in 2009. The increasing militarization of the drug war and the arrest of several high-profile drug traffickers have failed to stem the flow of drugs -- or the violence -- whatsoever. The Merida initiative, which provides $1.4 billion over three years for the US to assist the Mexican government with training, equipment and intelligence, has so far failed to make a difference. Here are a few of the latest developments in Mexico's drug war:

Friday , December 18

An assistant soccer coach of Mexico's first division team Indios was killed in Ciudad Juarez. Pedro Picasso, 34, was found dead in a cell phone store along with another unidentified person.

Saturday , December 19

In Nuevo Leon, a high ranking Gulf Cartel member nicknamed "The Korean" was killed, along with five others, after a gun battle with army personnel. Two of the dead were municipal police under the employ of the drug traffickers. The army also seized 616 kilos of marijuana and several weapons, including two assault rifles, from the men.

Additionally, in Sonora, a federal police official in charge of combating retail drug distribution was gunned down in Nogales, and six bodies were found in Puerto Penasco. In other violence across Mexico, four people were killed in Durango, four in Baja California, two in Puebla, and one in Aguas Calientes.

In Ciudad Juarez, four policemen were killed after a series of attacks on patrol cars across the city. In one of the attacks, two brothers who worked for different police agencies but were patrolling together were killed. Two other policemen were wounded in the shootings.

Tuesday , December 22

The family of naval commando Ensign Melquisedet Angulo Cordova, who was killed in the raid that led to the death of drug lord Arturo Beltran-Leyva, was executed in their hometown of Villahermosa. Just hours after the family had returned from an elaborate state funeral for Ensign Argulo, gunmen burst into their home, killing his mother, sister, aunt and brother. Another sister was wounded in the attack.

The following day, four people were arrested in connection with the murders. Two are accused of paying the hitmen, while the other two are accused of acting as lookouts. All four are accused of being members of the Zetas organization, which is allied to the Beltran-Leyva cartel.

In Coahuila, gunmen opened fire on a restaurant with the mayor of a US town inside. Chad Foster, mayor of Eagle Pass, Texas, was dining with Coahuila Attorney General Jesus Torres when gunmen sprayed the restaurant with gunfire. A woman standing outside was killed. Torres was quickly spirited away by security personnel and Foster returned to the US on his own.

Thursday , December 24

In the state of Guerrero, ten bodies were found in two mass graves. Authorities found the bodies after being tipped by an anonymous phone call. Based on the state of the bodies, it appears that the bodies were killed and buried two months ago. Also in Guerrero, seven members of the Beltran-Leyva organization were arrested, including one man suspected in the killing and decapitation of military personnel.

In the town of Tulum, on Mexico's Caribbean coast, a journalist was killed by two gunmen on a motorcycle. Jose Alberto Velazquez Lopez, who owned a magazine and worked for a TV station, was driving to work when he was shot and lost control of his car. Two men were later taken into custody, but released because tests could not determine whether they had discharged firearms or not.

Saturday , December 26

In a 36-hour period, 10 people were killed across Sinaloa. Among the dead were two men who were found bound and executed with shots to the head, and a teenage boy who was killed when a group of gunmen opened fire on a group of people Christmas morning.

Total Body Count since last update: 321

Total Body Count for the Year: 7,598

Read the last Mexico Drug War Update here.

The Year on Drugs 2009: The Top Ten US Domestic Drug Policy Stories

As 2009 prepares to become history, we look back at the past year's domestic drug policy developments.

Medical Marijuana: Wisconsin Bill Gets Public Hearing

A Wisconsin bill that would allow seriously ill patients to grow up to 12 marijuana plants or purchase up to three ounces of marijuana from nonprofit dispensaries got a

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