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Two Killed As Driver Flees Drug Traffic Stop

A fleeing drug suspect and the driver of a vehicle with which he collided were killed last Friday night in Durham, North Carolina. Fleeing driver Angel Santana, 52, and innocent motorist Tamar White, 55, become the 28th and 29th persons to die in US domestic drug law operations so far this year.

According to WNCN TV News, citing law enforcement sources, Santana was fleeing after a DEA drug investigation. The TV station named the victims Saturday.

According to the Charlotte News Observer, also citing law enforcement sources, Durham Police reported that the chain of events leading to the deadly collision began when the DEA asked local police to assist in a traffic stop "in connection with a narcotics investigation."

Santana's vehicle "stopped momentarily, but then drove off," said Highway Patrol spokesman Sgt. Mike Baker. "Durham officers lost sight of the suspect vehicle. When they found the vehicle a short time later, it had been involved in an accident on Patterson Road," he explained.

Durham Police took pains to say they were not engaged in a high-speed pursuit of Santana's vehicle.

But Santana was apparently in a real hurry to get away. According to the police crash report, the roads were rain-slicked, and Santana exceeded both the speed limit and the safe speed for highway conditions and operated his vehicle "in an erratic, reckless, careless, negligent, or aggressive manner."

Chronicle AM -- August 1, 2014

The New York Times isn't done talking about marijuana, a House committee hears about stoned driving, you can comment now on Maryland's draft medical marijuana regulations, federal asset forfeiture and overdose prevention bills get introduced, and more. Let's get to it:

The New York Times says it's time for Reefer Madness to come to an end.
Marijuana Policy

New York Times Has a Week's Worth of Legalization Editorials. The Times's editorial last Sunday calling for the end of federal marijuana prohibition, Repeal Prohibition, Again, was only the beginning. Throughout this week, the "newspaper of record" has kept at it -- and there's still more to come. The other editorials printed so far are Let States Decide on Marijuana, The Injustice of Marijuana Arrests, The Federal Marijuana Ban is Rooted in Myth and Xenophobia, and What Science Says About Marijuana. Still to come are editorials addressing track records and regulation. There is also a blog post providing background on the Times's decision to endorse legalization.

House Holds Hearing on Stoned Driving. The House Oversight and Government Reform Committee held a hearing yesterday on driving under the influence of marijuana, "Planes, Trains and Automobiles: Operating While Stoned," but the upshot was that the federal government has very little information about stoned driving and little basis for setting a legal limit for marijuana impairment. "No one is arguing that [driving while high is] a good idea, but the fact of the matter is that we don't have a lot of data," said Democratic Rep. Gerry Connolly. "[Public policy has] got to be based on science, and we need more of it." Researchers testifying before the committee agreed. Click on the hearing link to watch the whole thing.

Washington Attorney General Intervenes in I-502 Lawsuits. Attorney General Bob Ferguson yesterday moved to intervene in three marijuana lawsuits filed against the cities of Wenatchee and Fife, which have passed local ordinances barring the operation of retail marijuana outlets. An opinion released by Ferguson in January concluded that I-502 does not bar localities from banning such businesses, so it appears he will be siding with the localities.

More Michigan Towns to Vote on Marijuana Reform Measures. Three more Michigan communities have joined the list of towns and cities that will vote on municipal legalization measures. Saginaw, Clare, and Harrison all have measures that have qualified for the ballot. In Saginaw, up to an ounce would be legalized; in Clare and Harrison, up to 2.5 ounces. More than a dozen Michigan communities are expected to vote on reform measures in November.

Portland, Oregon, Moves to Tax Marijuana Before It's Even Legal. The city of Portland has created a marijuana advisory committee in anticipation of voters legalizing marijuana statewide in November. The committee is discussing where to allow pot shops, but it is also moving to create a city sales tax -- and it has to do that before the November election because the language of the New Approach Oregon initiative does not allow cities to impose taxes beyond the state tax it imposes. The thinking is that if a tax is passed before the election, it can be grandfathered in.

Medical Marijuana

Maryland Medical Marijuana Draft Regulations are Now Available -- And You Have Until Tuesday to Comment. Maryland's medical marijuana commission has released draft regulations for cultivators and physicians. The Marijuana Policy Project has some problems with them, including calls for an "unnecessary" training course on medical marijuana for all certifying physicians, mandatory drug testing for patients, and a requirement that doctors specify dosage and strain type. These are draft regulations, but the period for comment on the draft ends Tuesday. Interested parties can email the commission to register their comments.

Legitimate Use of Medicinal Marijuana Act Picks Up New Cosponsor. House Resolution 4498, the Legitimate Use of Medical Marijuana Act, has picked up a fourth cosponsor, Rep. Earl Blumenauer (D-OR). The bill, sponsored by Rep. Morgan Griffith (R-VA), would move marijuana from Schedule I to Schedule II of the Controlled Substances Act and block the act from being used against medical marijuana in states where it is legal.

Sentencing

Smarter Sentencing Act of 2014 Picks Up New Cosponsor. Senate Bill 1410, the Smarter Sentencing Act of 2014, has picked up its 31st cosponsor, Sen. Patty Murray (D-WA). The bill would allow judges in some cases to sentence without regard to mandatory minimums, reduce mandatory minimums, and allow people sentenced for crack offenses after the 2010 Fair Sentencing Act went into effect to seek sentence reductions.

Harm Reduction

Senator Jack Reed Introduces Overdose Prevention Act. Sen. Jack Reed (D-RI) and four Democratic cosponsors today introduced the Overdose Prevention Act, which would expand overdose prevention services and providing funding for access to the overdose reversal drug naloxone. The bill is not yet up on the congressional web site.

Asset Forfeiture

Rep. Tim Walberg Introduces Asset Forfeiture Reform Bill. Rep. Tim Walberg (R-MI) has filed House Resolution 5212, the Civil Asset Forfeiture Reform Act. The bill would raise the standard of proof necessary for the government to seize property and reinstate due process so the government is required to  prove a property owner's involvement in criminal activity. This is the second asset forfeiture reform bill filed in as many weeks. Last week, Sen. Rand Paul (R-KY) filed the FAIR (Fifth Amendment Integrity Restoration) ACT, Senate Bill 2644, which would require the government to prove with clear and convincing evidence that the property it wishes to forfeit is connected with a crime.

Law Enforcement

Justice Department Report Scolds DEA for Leaving Student in Cell for Five Days. A Justice Department report on the detention of San Diego student Daniel Chong, who was left unattended in a holding cell for five days at a DEA office there, has concluded that the DEA did not take simple measures to ensure that detainees are not forgotten. The report also slammed the agency for having the same agents who left Chong in the cell conduct the investigation into how it happened. Chong earlier received a $1.4 million payout from the DEA to settle a lawsuit he brought against the agency.

International

Russian Drug Agency Proposes Giving Social Benefits to Recovering Drug Users. In something of a surprise move, the Russian Federal Drug Control Service has proposed providing free housing, food subsidies, and home health care to help recovering drug users progress in their rehabilitation. The bill would add drug addicts to a list of categories of people considered socially vulnerable, such as senior citizens and people with disabilities. The proposal has drawn harsh criticism from opponents, who argue that it would encourage drug use.

House Votes to Let Banks Take Deposits from Marijuana Businesses

In a historic vote this afternoon, the US House has approved an amendment to the Treasury Department appropriations bill barring the agency from spending any money to punish financial institutions that provide services to marijuana businesses where it is legal.

The amendment was sponsored by Reps. Heck (D-WA), Perlmutter (D-CO), Lee (D-CA) and Rohrabacher (R-CA). It passed with bipartisan support.

This is the second time in less than two months that the House has voted to roll back marijuana law enforcement. In May, the House passed an amendment prohibiting the Drug Enforcement Administration (DEA) from undermining state medical marijuana laws and passed two amendments prohibiting the DEA from interfering with state hemp laws.

“Congress is yet again rejecting the failed war on marijuana,” said Bill Piper, director of national affairs for the Drug Policy Alliance. “They have read the poll numbers and are doing both what is right and what is politically smart.”

Location: 
Washington, DC
United States

Chronicle AM -- July 10, 2014

Forget Amazon's promised drone deliveries; the Mexican cartels have beat them to it. Also, Massachusetts cops will need to do more than just smell weed to search you or your vehicle, Arizona PTSD patients are okayed to use medical marijuana, Uruguay delays the roll-out of its legal marijuana sales, and more. Let's get to it:

Mexican cartels find a new way to bring drugs over the border. (wikipedia.org)
Marijuana Policy

Massachusetts Supreme Court Rules That Smell of Unburnt Marijuana Not Justification for Police Searches. Because Massachusetts has decriminalized the possession of small amounts of marijuana, police cannot use the odor of raw marijuana to justify searches of vehicles or persons, the Supreme Judicial Court ruled Wednesday. The ruling came in a pair of decisions: Commonwealth v. Obermeyer and Commonwealth v. Craan. The court had already ruled that the odor of smoked marijuana was not sufficient cause for a search; now it has included the odor of unburnt marijuana as well.

Missouri Marijuana Lifer in Campaign for Clemency. Sixty-one-year-old Jeff Mizanskey is now in his 21st year of a life-without-parole sentence for non-violent marijuana charges. He wants out, and a campaign to free him as generated nearly half a million signatures on a petition to Gov. Jay Nixon (R). But that hasn't been enough so far. Now, he is asking supporters to write Nixon a letter. Mizanskey has been helped in his campaign by the energetic folks at Show-Me Cannabis, the Missouri-based marijuana reform group.

Montana Initiative to Overturn Medical Marijuana, Block Marijuana Reforms Won't Make Ballot. An initiative that sought to change state law so that no Schedule I drug can be "legally possessed, received, transferred, manufactured, cultivated, trafficked, transported or used in Montana" isn't going to qualify for the ballot, it's proponent conceded Wednesday. Petitioners only managed to gather 12% of the signatures needed to qualify. But Billings car dealer Steve Zabawa isn't giving up; he says he will ask the legislature to pass a referendum next year to put the measure on the 2016 ballot.

Medical Marijuana

Terminally Ill Iowa Cancer Patient Convicted of Growing Own Medicine. A state court jury in Davenport that never heard Benton Mackenzie's medical marijuana defense has convicted the terminally ill cancer patient on four felony drug charges related to growing marijuana to alleviate the symptoms of his disease. The 48-year-old angiosarcoma sufferer now faces a possible mandatory minimum three-year prison sentence, although prosecutors could seek probation.

Arizona Okays Medical Marijuana for PTSD. The Department of Health Services announced Wednesday that it is authorizing the use of marijuana for patients suffering from Post-Traumatic Stress Disorder (PTSD). Its use is not approved for treatment of the condition itself, but only for palliative care of PTSD symptoms.

New Mexico US Attorney Says He Won't Prosecute Medical Marijuana Patients Busted at Border Checkpoints, But Feds Will Still Take Their Medicine. New Mexico US Attorney Damon Martinez has assured New Mexico politicians that he will not prosecute patients caught with medical marijuana at US Customs and Border Patrol checkpoints. Martinez made the vow in a letter Monday to Rep. Bill McCamley (D-Mesilla Park), who had sought assurances. But Customs and Border Patrol officers would still seize the medicine, he warned.

International

Uruguay Delays Marijuana Sales until Next Year. President Jose Mujica said Wednesday that legal marijuana sales are being pushed back to next year because of "practical difficulties" in implementing the new law, and he took a jab at legalization in the US as he did so. "If we want to do this sloppily, it is not hard to do that. That's what the United States is doing," the president said. "But if we want to get this right... we are going to have to do it slowly. We are not just going to say, 'hands off and let the market take care of it,' because if the market is in charge, it is going to seek to sell the greatest possible amount," he said.

DEA Says Mexican Cartels Using Drones to Deliver Drugs Across the Border. The DEA says Mexican drug cartels are using drones to transport drugs and have been doing so since at least 2011. The agency reported that at least 150 drone flights carrying drugs crossed the border in 2012, and that the cartels have recently intensified efforts to recruit skilled workers to manufacture and operate them.

USAID Allots $60 Million for Alternative Development as Part of Fight Against Coca. The US Agency for International Development (USAID) has earmarked $60 million to support farmers planting cocoa and coffee instead of coca. The funds will go to alternative development programs and reforestation projects.

European Union Court Rules Synthetic Cannabinoids Not Medicine. The European Court of Justice ruled today that herbal mixtures containing syntheric cannabinoids aren't medicinal products under European law. The court was responding to a request for clarification from Germany's federal court, which is currently considering two cases involving such products.

Medical Marijuana Update

A Senate companion to the successful House DEA defunding amendment has been filed, New York becomes the 23rd medical marijuana state, a CBD bill is moving in North Carolina, Rhode Island retrenches, and more. Let's get to it:

National

Last Thursday, US Sens. Rand Paul and Cory Booker cosponsored a DEA defunding amendment in the Senate. Sens. Rand Paul (R-KY) and Cory Booker (D-NJ) have cosponsored an amendment to the Justice Department funding bill that would shield medical marijuana patients and providers from the attention of the DEA in states where it is legal. The House passed such an amendment at the end of last month. While an early vote was expected, conflicts between Senate Majority Leader Harry Reid (D-NV) and Minority Leader Mitch McConnell (R-KY) have caused the overall appropriation bill to be delayed.

California

Last Tuesday, the Berkeley city council moved toward permitting a fourth dispensary. The council voted to adopt regulations promulgated by the Medical Cannabis Commission that will set up a process to select a fourth dispensary for the East Bay city of 115,000. This more than three years after voters approved Measure T in 2010, which called for allowing a fourth dispensary. The commission had recommended six dispensaries, but that was too much for the council, which approved one new one in principle and said it would review the situation in a year.

On Tuesday, the Drug Policy Alliance strongly criticized the statewide medical marijuana regulation bill. Senate Bill 1262, which was set to go before the Assembly Public Safety Committee the same day, would leave thousands of patients without access to their medicine, fails to establish effective statewide regulation, and doesn't deal with edibles, the group said in an analysis posted on the California legislature's web site. The bill has already passed the Senate, but still must get through the Assembly.

Also on Tuesday, Desert Hot Springs city leaders expressed support for allowing dispensaries and were quite frank in saying it was all about the tax revenues. The city has an existing moratorium that will have to be removed. Leaders set no timeline at Tuesday's city council meeting.

Also on Tuesday, Lake County supervisors placed a restrictive cultivation measure on the November ballot. The measure would ban collective gardens and limit outdoor parcels to four plants. It is being backed by a group called the Emerald Unity Alliance.

Also on Tuesday, Santa Clara County supervisors voted for a temporary moratorium on dispensaries. The move was in response to San Jose's new regulations on dispensaries and cultivation, which supervisors fear would push them out into the county. Supervisors want time to see how to respond and will revisit the issue at an August 5 meeting.

New York

Last Friday, New York become the 23rd medical marijuana state. The state legislature and Gov. Andrew Cuomo (R) reached a last-minute compromise on medical marijuana, and the state Senate and Assembly approved the compromise bill, Program Bill 57. Gov. Cuomo says he will sign the bill into law, making New York the 23rd medical marijuana state. The bill is more limited than many patients and advocates would have preferred. It forbids smoking medical marijuana, although patients may vaporize or consume it in edibles. It also forbids using the raw plant. And it limits access to those with specified qualifying conditions, including cancer, multiple sclerosis, and epilepsy.

North Carolina

Last Thursday, a limited CBD medical marijuana bill won House committee votes. A bill that would allow some patients to use a high-CBD cannabis oil was approved by the House Health Committee Wednesday and the House Finance Committee. The House approved the measure, House Bill 1220, in a floor vote on Friday.

On Wednesday, the limited CBD medical marijuana bill won a Senate committee vote. House Bill 1220 was approved by the Senate Rules and Operations Committee.

Rhode Island

Last Friday, the legislature amended the state's medical marijuana law. The legislature has amended the state's medical marijuana law to require national criminal background checks on all caregiver applicants and the mandatory revocation of the caregiver registry ID cards for those convicted of a felony. The bill, House Bill 7610, won final approval by the Senate last Friday. It also allows landlords not to lease to cardholders who want to grow and imposes weight, plant, and seedling limits on growing co-ops.

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

Chronicle AM -- June 20, 2014

Two killer narcs face consequences for their actions, New York is set to become the 23rd medical marijuana state, the Pope comments on drug policy, prohibition-related violence flares in Mexico and Peru, and more. Let's get to it:

Killed by a Utah narc. Finally, there might be some justice for Danielle Willard. (facebook.com)
Marijuana Policy

FDA Studying Whether to Reclassify Marijuana. The Food and Drug Administration (FDA) is studying whether marijuana should be moved from Schedule I -- no medical use, high potential for abuse -- to a less restrictive schedule. The agency is acting at the request of the DEA, which is considering another rescheduling petition. Federal agencies have fended off efforts to reschedule marijuana for more than 40 years. The FDA reviewed marijuana's classification in 2001 and 2006 and found no reason to change it then.

Medical Marijuana

New York to Become 23rd Medical Marijuana State. The New York legislature and Gov. Andrew Cuomo (R) reached a last-minute compromise on medical marijuana this week, and today, the state Senate and Assembly approved the compromise bill, Program Bill 57. Gov. Cuomo says he will sign the bill into law, making New York the 23rd medical marijuana state.The bill is more limited than many patients and advocates would have preferred. It forbids smoking medical marijuana, although patients may vaporize or consume it in edibles. It also forbids using the raw plant. And it limits access to those with specified qualifying conditions, including cancer, multiple sclerosis, and epilepsy.

Drug Policy

Pope Says Nope to Dope. Pope Francis told participants at a drug control conference that he opposes marijuana legalization, and he's not so sure about using opiate maintenance to treat heroin users. 'Drugs are an evil, and with evil you can't give way or compromise," Francis said. "Even the partial legalization of so-called recreational drugs, besides being questionable on legal grounds, doesn't produce the intended effects," according to the text of his remarks posted on the Vatican web site.

California Set to End Ban on Food Stamps for Drug Felons. The California legislature has approved a bill that will once again allow people with drug felonies to obtain food stamps. A 1996 federal law barred drug felons from food stamp programs, but also gave states the ability to opt out. With the passage of Assembly Bill 1468, which Gov. Jerry Brown (D) is expected to sign, California will have done so. Only 12 other states continue to ban drug felons from getting food stamps.

Harm Reduction

North Carolina Injury Free Medication and Drug Overdose Prevention Summit Coming Next Month. State agencies and non-profits will take part in medication and overdose prevention summit on July 14 in Raleigh. Click on the lick for more details.

Law Enforcement

Utah Narc Charged With Manslaughter in Death of Danielle Willard. Former West Valley City Police undercover narcotics officer Shaun Cowley has been charged with manslaughter in the November 2012 shooting death of Danielle Misha Willard. Willard, who was unarmed, was shot and killed as she backed up her car in an apartment building parking lot. Cowley and another officer, who were investigating heroin sales, claimed they feared for their lives, but prosecutors didn't buy it. "Mr. Cowley acted in a reckless manner, and the evidence that we have does not support that his life was in danger or give him the justification to use the force that he did," said Salt Lake County prosecutor Sam Gill. The case has already resulted in a major shake-up in the department, and Willard's family has already filed a civil lawsuit.

Georgia Narc Must Pay Millions to Family of Pastor He Killed in Drug Investigation. A federal judge has ruled that Georgia undercover narc Billy Shane Harrison used unreasonable force in the killing of Pastor Jonathan Ayers and must pay his widow $2.5 million. Harrison shot and killed Ayers in a convenience store parking lot as Ayers attempted to drive away from undercover officers approaching him. They thought Ayers had some connection with a woman they were investigating, but he was just acting as a pastor.

International

Cartel Drug Wars Inflaming Mexico's Tamaulipas State. Dozens of people have been killed and numerous others have gone missing in Mexico's northeastern state of Tamaulipas since April as factions of the Gulf Cartel fight for dominance there. Click on the link to read more.

Peru Clashes Leave Soldier, Shining Path Guerrillas Dead. A Peruvian army soldier and three suspected Shining Path guerrillas have been killed in gun battles this week between security forces and suspected drug traffickers in the VRAE (Valleys of the Apurimac and Ene Rivers), a major Peruvian coca producing region. The soldier died fighting "narco-terrorists," Peruvian authorities said.

Chronicle AM -- June 19, 2014

We can watch the marijuana policy landscape shift before our eyes, with legalization initiatives and decrim measures popping up around the country and even Oklahoma Republicans arguing over legalization. There is also action on the opiate front, the Senate will vote on defunding the DEA's war on medical marijuana in states where it is legal, and more. Let's get to it:

US Senator Cory Booker (D-NJ) cosponsors an amendment to cut DEA medical marijuana funding. (senate.gov)
Marijuana Policy

House Fails to Add Rider to Block DC Decriminalization Law. The House Financial Services and General Government Appropriations Subcommittee approved a familiar series of social policy riders on the District of Columbia budget, but did not include one that would seek to undo the city's recent adoption of marijuana decriminalization. It's not a done deal yet, however; such a rider could still be added during the legislative process. The subcommittee did approve riders barring the District from funding needle exchanges or medical marijuana programs.

Delaware Decriminalization Bill Heads for House Floor Vote. A bill that would decriminalize the possession of up to an ounce of marijuana and levy a maximum $250 fine passed the House Public Safety Committee today. House Bill 371 now heads for a House floor vote.

Marijuana Policy in the Oklahoma GOP Governor's Race. In next week's GOP primary, sitting Gov. Mary Fallin is up against two longshot opponents who both favor marijuana legalization. Both Chad Moody, also known as "The Drug Lawyer," and Dax Ewbank, a libertarian-leaning Republican, have come out in favor of freeing the weed. But Fallin says that's not on her to-do list: "I just don't see that it provides a substantial benefit to the people of Oklahoma," Fallin said.

Milwaukee Legalization Initiative Signature-Gathering Drive Underway. A coalition of Milwaukee groups have begun a petition drive to place a municipal legalization ordinance on the November ballot. The measure would legalize the possession of up to an ounce. The groups have until July 29 to come up with 30,000 valid voter signatures. People interested in helping out can get more information here.

Philadelphia City Council Votes to Decriminalize Marijuana. The city council today approved a decriminalization measure introduce last month by Councilman Jim Kenney. Up to 30 grams is decriminalized, with a maximum $25 fine. Four years ago this month, the city began treatment small-time possession as a summary offense, with a maximum $200 fine and three-hour class on drug abuse.

Activists Gather Twice the Signatures Needed for York, Maine, Legalization Initiative. Activists supported by the Marijuana Policy Project needed 100 valid voter signatures to present a marijuana legalization petition to the York Board of Selectmen. They handed in 200. Similar petition drives are going on in Lewiston and South Portland, and Portland voters approved a legalization referendum last year. The local efforts are laying the groundwork for a statewide legalization initiative in 2016.

Medical Marijuana

Sens. Rand Paul, Cory Booker Cosponsor DEA Defunding Amendment in Senate; Vote Could Come as Soon as Tonight. Sens. Rand Paul (R-KY) and Cory Booker (D-NJ) have cosponsored an amendment to the Justice Department funding bill that would shield medical marijuana patients and providers from the attention of the DEA in states where it is legal. The vote could come as soon as tonight or tomorrow. The House passed such an amendment at the end of last month.

New York Governor, Legislature in Tentative Deal as Session Draws to End. With the legislative ticking down its final hours, Gov. Andrew Cuomo (D) and legislative leaders today announced a deal that would allow passage of a medical marijuana pilot program, but would not allow patients to smoke their medicine.

North Carolina Limited CBD Medical Marijuana Bill Wins House Committee Votes. A bill that would allow some patients to use a high-CBD cannabis oil was approved by the House Health Committee Wednesday and the House Finance Committee today.

Drug Policy

Drug Policy in the Colorado GOP Senatorial Race. Former Colorado Congressman Tom Tancredo, who is running for the state's GOP senatorial nomination, is being attacked as a drug legalizer in a radio ad created by a committee supporting former Sen. Mike Copp. While Tancredo supports marijuana legalization and has in the past spoken of the need to consider drug legalization, he says he is not ready to legalize hard drugs and is demanding that the ads be pulled.

Opiates

Vermont Governor Signs Package of Bills Aimed at Opiate Use. Gov. Peter Shumlin (D) Tuesday signed into law a package of bills and executive orders that will ramp up treatment for opiate addiction, but also increase penalties for bringing more than one gram of heroin into the state. The centerpiece of the legislative package is Senate Bill 295, which will fund pretrial screening and drug treatment for suspects before they are arraigned.

New York Assembly Set to Approve Package of Heroin Bills. Gov. Andrew Cuomo (D) and key lawmakers announced Tuesday night that they had a deal on a package of heroin bills that would raise awareness of the issue and increase insurance coverage of heroin treatment. What isn't clear is whether they agreement also includes a series of Rockefeller drug law-style measure passed by the Republican-dominated Senate that would increase criminal penalties for some heroin offenses.

Harm Reduction

DC Police Chief Orders No Arrests for Overdose Victims. In a recent memorandum, Metropolitan Police Department Chief Cathy Lanier has instructed her police force to observe protections from arrest and charge granted under a DC law designed to encourage residents to seek immediate medical assistance for a person experiencing an overdose. The Good Samaritan Overdose Prevention Amendment Act of 2012 (#A19-564), which was passed by the D.C. Council in 2012 and took effect on March 19, 2013, provides limited legal protection from arrest, charge and prosecution for those who witness or experience a drug overdose and summon medical assistance.

Sentencing

Federal Fair Sentencing Act Picks Up Another Sponsor. And then there were 39. Rep. William Envart (D-IL) has signed on as a cosponsor to the Federal Fair Sentencing Act. That makes 25 Democrats, along with 14 Republicans. It would reduce the use of mandatory minimum sentences and impose retroactivity for crack cocaine sentences handed down before 2010.

International

Britain's Looming Khat Ban Could Create Black Market. A ban on khat is about to go into effect in England, and this report suggests that it could create political tensions in East Africa, as well as creating a black market for the substance in England itself.

Albanian Siege of Marijuana-Producing Village Continues. A police assault on the village of Lazarat that began Monday is still underway as clashes continued between police and armed villagers. Some 800 police are involved in the operation, and they say they have seized or destroyed more than 10 tons of marijuana so far. But that's only a fraction of the 900 tons the village is estimated to produce annually. The town's $6 billion pot crop is equivalent to about half Albania's GDP.

(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.)

Senate Could Vote to Cut DEA Funds as Soon as Tonight

Cut that funding!

The Marijuana Policy Project (MPP) is reporting that Sens. Rand Paul (R-KY) and Cory Booker (D-NJ) have cosponsored an amendment to the Justice Department funding bill that would shield medical marijuana patients and providers from the attention of the DEA in states where it is legal.

The vote could come as soon as tonight or tomorrow, MPP says.

While the House vote was historic, it will be only a symbolic victory unless the Senate also joins in. Passage of the DEA defunding by the Congress (and the presumed signature of the bill by the president) would, on the other hand, have real world consequences--for the better. 

Stay tuned for what could be a very well-deserved slap in the face for the DEA. Even if the measure fails in the Senate, it should provide a heads-up to the agency that there is growing dissatisfaction with it on the Hill. But we don't want to settle for that; we want the DEA handcuffed when it comes to medical marijuana.

Location: 
Washington, DC
United States

DEA Ignores Science, Obstructs Research, New Report Finds [FEATURE]

[Full disclosure: I researched and wrote most of this report and was paid by DPA to do so.]

In a report released this week, the Drug Policy Alliance (DPA) and the Multidisciplinary Association for Psychedelic Studies (MAPS) reveal a decades-long pattern of the DEA ignoring scientific evidence and systematically obstructing medical research that could lead to the rescheduling of marijuana.

The report comes just days after the House issued a stinging rebuke to the DEA by approving a bipartisan measure that bars the use of federal taxpayer dollars for the DEA to undermine medical marijuana in states where it is legal. The House also approved measures stripping the DEA's ability to interfere with hemp production in states where it is legal.

While the report found that the DEA tends to move with excruciating slowness when confronted with evidence that confounds its ideological predispositions, the agency is able and willing to move at lightning speed to criminalize more drugs or schedule them more restrictively.

The report, The DEA: Four Decades of Impeding and Rejecting Science, uses a number of case studies to unveil DEA practices to maintain the existing, scientifically unsupported drug scheduling system. They include:

Failing to act in a timely fashion. The DEA took 16 years to issue a final decision rejecting the first marijuana rescheduling petition, five years for the second, and nine years for the third. In two of the three cases, it took multiple lawsuits to force the agency to act.

Overruling DEA Administrative Law Judges. DEA Administrative Law Judges are government officials charged with evaluating the evidence on rescheduling and other matters before the DEA and making recommendations based on that evidence to the DEA Administrator. In the cases of the scheduling of marijuana and MDMA, the judges determined that that they should be placed in Schedule II instead of Schedule I, where they would be regulated by the Food and Drug Administration (FDA) as prescription medicines, but still retain criminal sanctions for non-medical uses. However, agency administrators overruled their Administrative Law Judges' recommendations, substituting their own judgments and ignoring scientific evidence. The current DEA head, Michelle Leonhart, also rejected a DEA Administrative Law Judge ruling that the DEA end its unique and unjustifiable monopoly on the supply of research-grade marijuana available for federally approved research.

Creating a regulatory Catch-22. The DEA has argued for decades that there is not sufficient evidence to support rescheduling marijuana or the medical use of marijuana. At the same time, it has -- along with the National Institute on Drug Abuse -- acted in a manner intended to systematically impede scientific research. Through the use of such tactics, the DEA has repeatedly and consistently demonstrated that it is more interested in maintaining existing drug laws than in making important drug control decisions based on scientific evidence.

The report makes two central recommendations: 1) that the responsibility for determining drug classifications and other health determinations should be completely removed from DEA and transferred to another agency, perhaps even a non-governmental entity such as the National Academy of Sciences, and 2) that the DEA should be ordered to end the federal government's unjustifiable monopoly on the supply of research-grade marijuana available for federally approved research. No other drug is available from only a single governmental source for research purposes.

Rep. Steven Cohen (D-TN) (congress.gov)
"The DEA abuses its discretionary powers over scheduling, making it incredibly difficult for researchers to obtain marijuana for research purposes," said DPA executive director Ethan Nadelmann during a Wednesday teleconference to announce the report. "Our recommendations call for taking the power over drug scheduling away from the DEA. It is essentially a police and propaganda agency. This authority would be better handled by another government agency in the health realm, or a truly independent agency, like the National Academy of Sciences," he said.

"The DEA and Ms. [Michele] Leonhart have constantly been opposing any science that would change her mindset and opinion, which was apparently created around 1937," said Rep. Steven Cohen (D-TN), referencing the year federal marijuana prohibition began. "She is totally against marijuana, she will not admit that it is not as harmful as heroin or cocaine, and she is on a war on drugs."

Cohen was the author of another successful amendment that spanked the DEA. His successful amendment redirected $5 million in DEA funding to instead be used to help reduce a back log of rape kits that need testing. He said he was happy to be part of the congressional effort to restrict the agency.

"I was thrilled to be part of that coalition," Cohen said. "Those amendments to the appropriations bill were a great victory. We've been voting on this since 2007, and we always had about 165 Democrats on board, and a few more this time. Rep. Dana Rohrabacher (R-CA) did a great job getting Republicans on board; he got some of the younger, more libertarian members and members who know people marijuana has helped."

"The DEA has opposed efforts to reform federal scheduling policy to acknowledge that marijuana has medical purposes," said Dr. Carl Hart, a Columbia University neuroscientist. "As someone who has studied marijuana, this concerns me. That the DEA has not rescheduled marijuana seems to go against all the scientific evidence and against a society that uses empirical evidence."

MAPS executive director Rick Doblin said his organization, acting as a non-profit pharmaceutical company, had been trying for 22 years to develop Schedule I drugs like marijuana into FDA-approved medications, but that the DEA and other federal agencies had made that impossible.

DEA Administrator Leonhart is on the hot seat. (usdoj.gov/dea)
"Twenty-two years later, I've been unable to start a single, privately-funded study, and the main reason is the DEA's refusal to open the door," he said. "The National Institute on Drug Abuse (NIDA) has a DEA-protected monopoly on the production of marijuana for research, and although we've had two protocols approved by the FDA and review boards, we have been unable to obtain marijuana. We tried for seven years to buy 10 grams of marijuana for vaporizer studies; we were unable to do that. We've been in litigation with the DEA for 12 years and lost on the grounds that NIDA had an adequate supply."

One study -- of marijuana's efficacy in treating PTSD -- has been approved, Doblin said, but even there, the process has been painfully slow.

"We started trying to get that approved four years ago," he said. "We finally got approval from NIDA in March of this year, but they say they won't have the marijuana we need until January 2015."

For Doblin, it's all about ending NIDA's monopoly on marijuana for research purposes.

"DEA is protecting the NIDA monopoly, which should be ended," he said. "That's the action item we should be doing right now."

The DEA has been politically bulletproof since it was created by the Nixon White House in 1973. But that is changing, DPA national affairs director Bill Piper argued.

"When you look at Congress, with so many members driven by frustration that the DEA is blocking research and preventing medical marijuana from moving forward, that's a big reason the House voted for those amendments," he said. "The DEA has said that marijuana is not approved by the FDA, but Congress has figured out that DEA is blocking the necessary trials from moving forward. The more the DEA obstructs the research, the more support there is for changing federal law and cutting the DEA's authority. The days when the DEA can quietly block this stuff are over; they will pay a price if they stand in the way of reform."

Washington, DC
United States

Medical Marijuana Update

Congressional Democrats who voted wrong on medical marijuana catch some flak, California continues to struggle with regulating medical marijuana, while other states struggle to get bills passed. Let's get to it:

National

Last Thursday, a medical marijuana advocacy group began airing TV ads targeting Democrats who voted against ending DEA interference in medical marijuana states. The group Americans for Safe Access is now running TV ads criticizing Rep. Debbie Wasserman Schultz (D-FL), chairwoman of the Democratic National Committee, and other Democrats as "out of touch" for voting against a measure to bar the DEA from interfering in medical marijuana states. Wasserman Schultz was one of only 18 Democrats who voted against it while 170 Democrats voted for it.

Arizona

Last Thursday, a state court judge ordered the state to allow medical marijuana for PTSD. A state court judge has ruled that "a preponderance of evidence shows medical marijuana provides palliative benefit to those suffering from PTSD" and given the state Health Department until July 9 to accept his decision or appeal it. The department has denied all previous petitions seeking to add PTSD to the list of qualifying conditions.

California

Last Tuesday, Tulare County supervisors voted to ban all medical marijuana cultivation. The county had previously allowed cooperatives or individuals to grow up to 99 plants. The board rejected a chance to simply ban collective grows, but chose instead to ban all grows. This is just the initial vote.

Last Wednesday, the city of Riverside sued to block a medical marijuana ballot measure. The city has sued to block an initiative that would legalize and regulate a small number of dispensaries less than a month after organizers qualified it for the 2015 ballot. The initiative "goes beyond the legislative powers of the electorate" and is illegal because it would force the city to violate state and federal laws, including the federal Controlled Substances Act, the city argues.

On Tuesday, the San Jose city council approved tough restrictions on dispensaries and cultivation sites. The council's vote limits dispensaries to a handful of industrial areas making up less than 1% of the city. It also forces dispensaries to grow all their medicine in the county, limit their store hours, and bars them from selling edibles resembling candy. Medical marijuana backers say they have already collected enough signatures to put their own dispensary regulations on the ballot. It ain't over in San Jose.

Also on Tuesday, Sacramento County supervisors introduced an ordinance allowing limited indoor cultivation. Residents of unincorporated areas of the county would be able to grow up to nine plants indoors. Two months ago, the board backed a ban on all outdoor cultivation. The indoor cultivation ordinance comes up for a vote next week.

Also on Tuesday, Santa Cruz County supervisors okayed asking voters to approve a dispensary tax in November. The measure would allow dispensaries to be taxed at up to 10% of their gross sales. The county estimates it would raise about $900,000 a year, to be used to enforce marijuana dispensary and cultivation regulations.

District of Columbia

Last Thursday, the Department of Health added new qualifying conditions for patients. They are seizure disorders, Lou Gehrig's Disease, decompensated cirrhosis, cachexia or wasting syndrome, and Alzheimer's. Hospice patients will also be allowed to use marijuana. Previously, the DC program had been restricted to people suffering from HIV/AIDS, cancer, glaucoma, and muscle spasticity.

Florida

On Wednesday, new polls showed strong support for medical marijuana among Florida voters. With medical marijuana on the ballot in November, a new poll shows 70% of likely voters support the constitutional amendment. Because it is a constitutional amendment, it needs 60% to pass. Another poll released this week has support at 66%. "Florida's medical marijuana amendment that will be on the ballot this fall continues to appear headed for easy passage," Public Policy Polling, which did the second poll, wrote in an analysis.

Also on Wednesday, conservative billionaire Sheldon Adelson kicked in $2.5 million to defeat the initiative. Billionaire casino magnate and major Republican political donor Sheldon Adelson has donated $2.5 million to the campaign to defeat the Florida medical marijuana initiative. A newly-formed group backed by Adelson, the Drug Free Florida Committee, was started by long-time GOP fundraiser Mel Sembler and his wife Betty. It has raised $2.7 million so far and its top donors have been primarily Republicans.

Massachusetts

Last Friday, the DEA was reportedly giving dispensary docs an ultimatum: quit the dispensaries or lose your license. The Boston Globe reported that DEA agents have been visiting Massachusetts doctors involved with medical marijuana dispensaries and telling them the DEA will jerk the licenses to prescribe drugs if they don't cut ties with the dispensaries. And it's working. At least two doctors have severed ties, while one gave up his DEA license, saying as a semi-retired surgeon, he didn't need it to do his job. The Globe reports this will likely slow the opening of some long-awaited dispensaries.

Nevada

On Monday, Clark County commissioners approved 18 dispensary licenses. There will soon be 18 medical marijuana dispensaries operating in unincorporated parts of Clark County, the home of Las Vegas. Nevada approved medical marijuana in 2000, but only approved dispensaries last year.

New York

On Tuesday, a key GOP senator said he will not allow a vote on medical marijuana. Senate Finance Committee Chairman John DeFrancisco (R) said today he would not allow a vote on the Compassionate Care Act, sponsored by Sen. Diane Savino (D). "The Savino bill will not come out of my committee, the Finance Committee," he said. "You don't have any kind of reasonable research on the effects. You have people coming in here every day trying to ban e-cigarettes and use of tobacco in other ways." He said he and other Senate Republicans may be open to legislation that would not allow marijuana to be smoked. The session ends next Thursday.

North Carolina

On Saturday, Todd Stimson began a "March Against Fear" to generate support for medical marijuana. He is leading the 259-mile "March Against Fear" from Asheville to Raleigh to help bring attention to a pending medical marijuana bill, House Bill 1161. The bill was filed last month and is now languishing in the House Judiciary Committee. Click on the title link to join up or get more info.

Pennsylvania

On Tuesday, a medical marijuana bill got a committee hearing and stays alive. Following a hearing on Senate Bill 1182, committee members said they had been assured the bill would get a vote in the Senate Law and Justice Committee, but it will be then up to Senate leaders to decide if they will allow a floor vote. If it gets and wins a floor vote, the House would still have to pass it, or pass its own version.

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

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