Legalization

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DC City Council Approves Marijuana Decriminalization [FEATURE]

The District of Columbia city council moved another step closer to decriminalizing marijuana possession in the nation's capital Tuesday, approving a bill to do just that on an 11-1 vote. But it only acted after approving last-minute amendments that would make public pot-smoking a criminal offense and give police the right to conduct vehicle searches if they smell marijuana.

A final vote on the bill will come next month. It is expected to pass and already has the support of Mayor Vincent Gray.

While advocates greeted the council vote with praise, the accolades were tempered by concerns about the council's adoption of the late amendments. And looming over it all is the prospect of outright legalization in the District, either through a bill introduced by Councilmember David Grasso that is now before the council or through an initiative that is now awaiting language approval from District officials.

"This is a major victory for advancing the cause of racial justice in DC," said Grant Smith, policy manager with the Drug Policy Alliance. "The war on marijuana is largely a war on people of color and the DC council is saying enough is enough."

"As a former prosecuting attorney, I call this a step forward for the cause of promoting public safety," said Dan Riffle, director of federal policies for the Marijuana Policy Project (MPP). "Arresting and prosecuting adults for possessing a less harmful substance than alcohol is a waste of law enforcement and court resources. Police and prosecutors should focus their time and attention on addressing actual threats to public safety."

The "Marijuana Possession Decriminalization Amendment Act of 2014 (Council Bill 20-409)" would eliminate the threat of arrest for possessing marijuana impose a $25 civil fine for possession as well as forfeiture of the marijuana and any paraphernalia used to consume or carry it. But the amendments approved Tuesday criminalize public possession and allows those vehicle searches.

The bill was introduced after the publication of an ACLU report and a Washington Lawyers' Committee on Civil Rights and Urban Affairs report highlighting the disparate rate of arrests of blacks over whites for marijuana possession in the District. The reports found that blacks are arrested eight times as often as whites for the offense, even though rates of use among both races are thought to be relatively similar.

But advocates complained that the amendments adopted Tuesday would only serve to perpetuate racially biased marijuana law arrests, not end them. Some called for a solution to the problem by having the council pass the legalization bill.

"These last-minute amendments will simply expand stop-and-frisk policies in the District and will do nothing to fight the horrible racial disparities in marijuana enforcement," said MPP's Riffle. "We need to regulate and tax marijuana like alcohol, and take it out of the hands of criminals and drug cartels. Marijuana should be sold by legitimate businesses in licensed, regulated stores, not by criminals on our street corners. The sooner the council takes up Councilmember Grosso's bill, the better."

The Drug Policy Alliance will be working to undo the amendments when the council takes a final vote on the bill next month, Smith told the Chronicle Tuesday night.

"There is one more opportunity to change the criminalization of public smoking when the council considers and votes one more time on the bill," he said. "We hope to work with Councilmember Tommy Wells and our community partners here in DC to pressure the council to reverse its decision to criminalize public consumption and treat public smoking as a civil offense instead."

Looming just behind the decriminalization fight is outright legalization. Public opinion in the District appears ready to make the leap. A Washington Post poll last year had support for legalization at a healthy 63%.

While some groups, like the Marijuana Policy Project, are working the council in an effort to move a bill, others favor the initiative process, especially if the council fails to act.

"As a DC resident, I'm proud the Council took an important step today to stop the expensive, time-consuming and racially discriminatory practice of putting people into handcuffs just for possessing marijuana," said Tom Angell of Marijuana Majority."But while this is clearly movement in the right direction, this legislation would unfortunately leave marijuana production and profits illegal and largely in the hands of street gangs and criminals. A clear majority of District voters supports legalizing marijuana, and that's why we're likely to approve a ballot initiative this November that would completely remove penalties for possession and allow residents to grow up to six plants. Hopefully such widespread voter support will spur the council to adopt more comprehensive legislation taxing and regulating the marijuana trade at some point soon."

Adam Eidinger of the DC Cannabis Campaign is the public face of the DC marijuana legalization initiative. The veteran District political gadfly had kind words for the decriminalization effort, but signaled it wouldn't make any difference to the initiative campaign.

"The compromise on the decrim bill wasn't that bad. The big deal is that it passed, and it passed with a veto-proof majority, and the mayor will sign it. We should be celebrating," he said, "But I'm on the war path. Decriminalization is a stepping stone toward ending the raging stream of marijuana arrests; it's a nice place to stand, but you don't want to live there, because you're going to fall in the water eventually. And I mean get arrested," he clarified.

"Look, decriminalization will get rid of a lot of arrests, but there will still be marijuana arrests and people engaging in illegal activity when they want to buy it," Eidinger continued. "And they're exposed to heroin and other hard drugs. You need to separate cannabis from all the hard drugs and create a legal cultivation and distribution system. That hurts the bulk hard drug dealers. If you care about reducing drug use and addiction, you create a massive harm reduction with marijuana legalization first. I don't have sympathy for the illicit market for heroin, but for the illicit cannabis market, it's not deadly."

The legalization initiative campaign continues to aim at the November ballot, Eidinger said, but still needs to secure funding if it's going to be successful. A key date for the initiative will be February 25, when the DC Board of Elections decides whether to approve the initiative language for signature-gathering.

"If the language is good, that's a big deal," Eidinger said. "I think some of the big money has been holding off until that happens. We're doing this on a shoe string and have raised $30,000 in six months, but we do have the money for signature-gathering locked in, thanks to Dr. Bronner's Magic Soaps. We will do paid and volunteer signature-gathering."

Marijuana law reform is coming to the District of Columbia. And the decriminalization bill is only the beginning.

Washington, DC
United States

Chronicle AM -- February 4, 2014

Legalization proves profitable for Colorado's coffers, decrim moves closer in DC, more drug test bills get filed, Vermont attempts to do something about its opioid problem, a crime lab scandal brews in Florida, and more. Let's get to it:

meth house (assumptionsheriff.com)
Marijuana Policy

DC City Council Approves Decriminalization Bill. The District of Columbia city council today gave initial approval to the "Marijuana Possession Decriminalization Amendment Act of 2014" (Council Bill 20-409), which would eliminate the threat of arrest for possessing or using marijuana and ensure that people are no longer saddled with life-long convictions that make it difficult to obtain employment and housing. The bill still faces another council vote, needs the approval of the mayor, then needs Congress to let it happen.

Colorado Takes in $1.2 Million in Marijuana Taxes in First Month. According to an NBC News survey of Colorado retail marijuana shops, pot sales in the month since they were legal have contributed at least $1.24 million in tax revenues to state coffers. But wait -- there's more: The survey only counted tax receipts from half of the shops that opened New Year's Day, meaning the month's total is probably in the $2.4 million to $3 million range.

Arizona Democrat Files Marijuana Legalization Bill. State Rep. Ruben Gallegos (D) and 12 other Democrats have filed a bill to "regulate and tax marijuana in a manner similar to alcohol." The measure, House Bill 2558, allows for the possession of up to an ounce and a small number of plants as well. Another bill, House Bill 2474, would decriminalize the possession of up to an ounce.

Medical Marijuana

CBD Oil Medical Marijuana Bill for Epileptic Kids Filed in Utah. A bill that would allow for the importation into the state of marijuana extracts containing cannabidiol for use by epileptic children has been filed in Salt Lake City. Rep. Gage Froerer (R-Huntsville) introduced House Bill 100 yesterday.

Hemp

Indiana Senate Passes Hemp Bill. A bill that would allow the production of industrial hemp in the Hoosier State was approved unanimously by the Indiana Senate Monday. Senate Bill 357 would require a waiver from federal law before hemp could be grown there. The bill now heads to the House.

Drug Testing

Georgia Food Stamp Drug Test Bill Filed. State Rep. Greg Morris (R-Vidalia) has filed a bill to require mandatory, suspicionless drug testing for food stamp recipients. The bill is House Bill 772. Similar legislation ordering mandatory, suspicionless drug testing for welfare recipients was signed into law in 2012, but never implemented after a federal judge struck down a similar Florida law.

Northern Marianas Bills Would Require Drug Tests for Candidates, Elected Officials. Bills that would require that candidates for political office and elected officials submit to mandatory drug testing have passed the House Committee on Judiciary and Government Operations. House Bill 18-21 requires testing for candidates, and House Bill 18-152 requires testing for elected officials. The US Supreme Court has found a similar Georgia law unconstitutional.

Drug Treatment

Vermont Rolls Out Early Intervention Program for Criminal Drug Users. Gov. Peter Shumlin (D) and other state officials Monday announced a new program to divert crime-committing drug users into a pre-court, 90-day drug treatment program. If they successfully complete the program, they will not be prosecuted. Only those with nonviolent offenses will be eligible. "Instead of treating this as a crime, let's treat it as the disease that it is and offer addicts the opportunity to get into treatment, get the support they need and if they succeed, never to have to go through the criminal process," Shumlin said Monday at the Rutland County Courthouse.

Law Enforcement

Crime Lab Scandal Has Florida Police Reviewing Thousands of Drug Cases. Hundreds of drug convictions may be jeopardized and thousands of drug cases are under review in Florida after a single chemist at a state-run crime lab was accused of tampering with evidence. The chemist, who works at the Pensacola Regional Crime Lab, is suspected of removing "large" quantities of prescription pills from evidence packages and replacing them with over-the-counter medications, the Florida Department of Law Enforcement announced Saturday. That chemist handled at least 2,600 drug cases.

Methamphetamine

Indiana House Passes Meth Property Disclosure Bill. A bill that would require Indiana property owners to disclose to potential new buyers whether the property had previously been used to manufacture methamphetamine passed the House Monday. The bill, House Bill 1141, would require that such properties be listed on a state web site until at least 90 days after it has been certified as decontaminated. The measure now goes to the Senate.

International

Scholar Francisco Thoumi Offers Comprehensive Analysis of FARC Illicit Drug Cultivation Proposals. Colombian scholar Francisco Thoumi, a long-renowned expert on drug production and trafficking there, has authored a lengthy analysis of the FARC's proposals in peace negotiations with the Colombian government in the area of illicit crop cultivation. The article is Las FARC y el campesinado cultivador de plantas ilícitas: dilemas, ideología y decisiones (The FARC and the Drug-Growing Peasantry: Dilemmas, Ideology, and Decisions). It is in Spanish, but can be translated.

In Colombia, British Liberal Democrat Leader Says UK Should Abandon Current Drug Policies. During a visit to Colombia, British Lib Dem leader Nick Clegg said Britain should abandon its current drug policies because they're not working. He said new approaches were needed, but declined to back full legalization. He said the Lib Dems would offer their own alternative proposals shortly.

Oglala Sioux and French Consider Marijuana Legalization

The Oglala Sioux are considering legalizing marijuana, Phil noted in yesterday's Chronicle AM roundup. A proposal to take the idea to a vote by residents of the reservation passed the Tribal Council's business development committee, according to South Dakota's Rapid City Journal. The Sioux would be the first Native American body to take up legalization.

In 1998, the Tribal Council approved hemp growing, prompting well-known activist Alex White Plume and his family to plant hemp growing crops from 2000 through 2002. Federal authorities wiped out the crops, however, and the federal courts rejected White Plume's appeal.

Meanwhile, a French legislator has filed a legalization bill. Esther Benbassa, a member of France's Green Party, said that France has rising marijuana use despite one of the most restrictive drug laws in Europe, according to UPI.

Chronicle AM -- February 3, 2014

Short-sighted Tories slam a Welsh harm reduction drug testing program, DC could decriminalize marijuana possession tomorrow, Oregon's governor thinks the legislature should legalize it, South Dakota legislators get busy with bad bills, and a South Dakota Indian reservation is thinking about legalization, and more. Let's get to it:

Marijuana Policy

DC City Council Votes on Decriminalization Tomorrow. The DC city council is expected to vote Tuesday to approve the "Marijuana Possession Decriminalization Amendment Act of 2014 (Council Bill 20-409)" would eliminate the threat of arrest for possessing or using marijuana and ensure that people are no longer saddled with life-long convictions that make it difficult to obtain employment and housing. Instead of arresting people the bill would impose a $25 civil fine for possession and a $100 civil fine for smoking marijuana in public places, as well as forfeiture of the marijuana and any paraphernalia used to consume or carry it.

Oregon Governor Wants Legislature to Act on Legalization. Faced with the seeming inevitability of marijuana legalization in his state, Oregon Gov. John Kitzhaber (D) said last Friday the legislature should take it up. "I hear the drumbeats from Washington and Colorado," he said. "I want to make sure we have a thoughtful regulatory system," Kitzhaber said. "The Legislature would be the right place to craft that." A bill to do that, Senate Bill 1556, is currently before the legislature. If the legislature doesn't act, a ballot initiative that could legalize marijuana in the state is waiting in the wings.

South Dakota's Pine Ridge Indian Reservation Considers Legalization. The Oglala Sioux Tribal Council on southwestern South Dakota's Pine Ridge Reservation has taken preliminary steps toward a public vote on marijuana legalization. Last week, the tribe's business development community approved the measure, and Tribal Chairman James Cross supports it. The full tribal council could approve a vote within the next month.

California Legalization Initiative Cleared for Signature-Gathering. The Marijuana Control, Legalization and Revenue Act (MCLR) initiative was approved last Friday for signature gathering to begin. Organizers now have until May to qualify for the November 2014 ballot. They need 504,000 valid voter signatures to do so. Three other legalization initiatives have also been submitted, but at this point, it appears unlikely that any of the initiatives will qualify for the ballot.

Two-Thirds of Hawaiians Ready to Legalize It, Poll Finds. Support for marijuana legalization in the Aloha State has jumped nine points since 2012 and now stands at 66%, according to a new QMark Research Poll. The survey also found 77% opposed jail time for pot possession and 85% supported allowing medical marijuana dispensaries.

New Jersey Poll: Only 41% Support Legalization. A new Fairleigh Dickinson University PublicMind Poll has support for legalizing small quantities of marijuana or personal use at 41%, although it is trending upward. "These numbers point to the possibility that fertile ground exists in the state for those looking to expand legalization beyond medicinal use," poll director Krista Jenkins said. "Policymakers will likely be watching for changes in public opinion as the percentage difference between those in favor and opposed gets closer to the 50/50 mark. Right now, however, a majority of the public remains opposed."

Medical Marijuana

Portland, Oregon, Medical Marijuana Business Symposium Draws Hundreds. Hundreds of people showed up in Portland Saturday at a marijuana business symposium to give and get advice on how to operate dispensaries and related businesses in the state. Beginning in March, the state of Oregon will start accepting applications for the businesses, making it a taxed and regulated industry.

Guam Senate Passes Bill to Put Medical Marijuana on the Ballot. The Guam Senate Saturday approved Bill 215, which would put the question of legalizing medical marijuana directly to the voters. The governor could still veto it, but unless he takes affirmative action to do so it will go into effect. Sponsor Sen. Tina Muna Barnes (D-Mangilao) amended the bill to allow for a popular referendum after running into opposition in the legislature.

New Mexico Medical Marijuana Grower Sues over Stalled Permit. A Santa Fe man has sued the state Department of Health over what he describes as a severe medical marijuana shortage. Mark Springer of Medical Marijuana, Inc. accuses the department of failing to act on his application and asks that it reopen the application period for growers and ease limits on how much they can grow.

Michigan Medical Marijuana Bills Stalled. Two bills that would make it easier for patients to acquire medical marijuana, including allowing dispensaries and the use of edibles, passed the House late last year, but now appear stalled by a hostile Senate committee chair. They are stuck in the Senate Government Operations Committee, chaired by Senate Majority Leader Randy Richardville (R-Monroe), who is not a big fan. "I'm going to sit on them for awhile," he said. The two bills are House Bill 5104 (edibles) and House Bill 4271 (dispensaries).

Methamphetamine

South Dakota Meth Precursor Registry Bill Passes Senate. A bill that would make South Dakota the 30th state to join the National Precursor Log Exchange (NPLEx) to track pseudoephedrine sales passed the Senate last week. Senate Bill 24 now heads to the House for consideration.

Drug Testing

South Dakota Public Benefits Drug Testing Bill Filed. A bill that would direct the state Department of Social Services to screen and drug test public benefits applicants for drug use has been filed in the South Dakota Senate. State Sen. Mark Kirkeby (R-Rapid City) tried and failed with similar bills in 2011 and 2012, but he's back this year with Senate Bill 123.

International

French Legislator Has Bill to Legalize Marijuana. A Green Party legislator said Saturday she had written a bill to legalize marijuana in France. Sen. Esther Benbassa, who represents a district on the outskirts of Paris, said France suffered from "a paradox," with some of the toughest marijuana laws in Europe, but also rising use levels.

Welsh Tories Attack Government for Funding Harm Reduction Drug Testing. Public Health Wales is operating a web site, Wedinos, where individuals can have drug samples tested for content and purity, and that has Welsh Tories crying foul. "This website suggests that Labour in Wales has given up the fight against drugs," complained Shadow Health Minister Jim Millar. "This free service is not just testing recreational highs, but illegal and dangerous drugs including heroin, cocaine and crack and gives advice on snorting and injecting substances." A government spokesman responded that it totally rejects those charges. "We are taking action to help individuals and society deal with the problems of substance misuse," he said. "Wedinos can provide essential intelligence and can help save lives. "It contributes to the wider UK and European Early Warning Systems in place to identify and monitor changing trends in drug use."

United Arab Emirates Toughens Drug Trafficking Laws. The United Arab Emirates (UAE) is vowing to seize assets from drug dealers and traffickers, but at the same time, it is working to enhance drug treatment services as part of "a containment policy for drug addicts, guiding them towards annihilating their addiction through innovative services."

Oregon Governor Calls for Marijuana Legalization, Legislature to Act

Gov. John Kitzhaber now supports marijuana legalization, reports The Oregonian:

"I hear the drumbeats from Washington and Colorado," states that recently approved legalization measures, he said. Oregon voters could do the same.
 

And he wants the legislature to take it on:

"I want to make sure we have a thoughtful regulatory system," Kitzhaber said. "The Legislature would be the right place to craft that."
 

Perhaps Kitzhaber is hoping to head off a ballot initiative that could legalize marijuana in Oregon instead. Either way, we'll take it.

Chronicle AM -- January 31, 2014

The president makes some delphic comments on marijuana policy, some of his congressional critics get ready to go after him for such comments next week, Dutch cities want legal marijuana growing, the Welsh government funds a harm reduction drug testing program, and more. Let's get to it:

Marijuana Policy

Don't know what's in your drugs? The Welsh government wants to help.
In CNN Interview, Obama Punts on Rescheduling, Hints Support for Decriminalization. In an interview with CNN released today, President Obama said rescheduling marijuana was a job for Congress [Editor's Note: The executive branch can also reschedule it, according to statute] and that he considered the criminalization of personal use his main concern, although he also worried about the impact of commercialization.

House Government Oversight Committee to Hold Hearing on Marijuana Policy Next Week. Rep. John Mica (R-FL), chairman of the committee, said he will hold a hearing next Tuesday to examine what he called the Obama administration's "schizophrenic" position on marijuana laws. "The purpose of the hearing is to try to sort out the increasingly schizophrenic federal policy we have, because the DEA administrator was overhead denouncing what the president said," Mica said Friday. "We have states that are enacting laws -- municipalities that are considering it -- that are in conflict with federal law." There could be more hearings to come after that, he added.

Baltimore Police Commissioner No Fan of Legalization. Baltimore Police Commissioner Anthony Batts in a radio interview on Thursday evening expressed doubt that marijuana should be legalized. "We already have a city with a high addiction -- what would that do to the city of Baltimore?" Batts said. He also linked marijuana to homicides in the city, although the killings he described were a function of black market drug sales. "When you're calling your weed dealer or drug dealer, and you show up with money and you get robbed and it turns into a shooting, that's what we're seeing."

Medical Marijuana

Massachusetts Names Recipients of Medical Marijuana Dispensary Licenses. The Department of Public Health Friday announced the names of the first 20 dispensary applicants who will be awarded licenses to to open dispensaries. An additional 15 will be forthcoming.

Drug Testing

Judge Reinstates Delaware Valley (PA) School District Drug Testing Program. A Pike County district judge has lifted a temporary injunction barring random, suspicionless drug testing for students who drive to school or participate in extracurricular activities. The parents of a 12-year-old female student who faced drug testing if she wanted to join the scrapbooking club and the ACLU had challenged the program in 2011 and won the injunction, but Judge Joseph Kameen ruled earlier this month that the policy was constitutional under state law. It is unclear if the ACLU of Pennsylvania is done with this case.

Harm Reduction

Opioid Overdose Prevention Bill Introduced in New York. State Sens. Kemp Hannon (R-Nassau) and Jeffrey Dinowitz (D-Bronx) this week filed a bill, Senate Bill 6744/Assembly Bill 8637, that would help prevent accidental opioid overdoses by expanding access to the opioid antidote naloxone. The legislation would dramatically increase the accessibility of the life-saving reversal tool by allowing authorized health care professionals to issue standing orders, or non-patient specific prescriptions, to certified training programs that would in turn train individuals on the signs of overdose and provide them with the naloxone kits. By expanding naloxone distribution, this legislation will help reduce the number of preventable deaths resulting from accidental drug overdoses.

International

Welsh Government Funds Program to Test Drugs for Public. Public Health Wales has set up the Wedinos Project (Welsh Emerging Drugs and Identification of Novel Substances Project) to identify what drugs are in circulation there and use that information for harm reduction purposes. Samples are sent to the Wedinos laboratory in Cardiff anonymously and the test results posted online, identified by a reference number. The service is open to the public. "It's essential intelligence for our health workers, for our substance misuse workers, for the police, for young people and their families. By providing timely and accurate information this service can save lives," explained Welsh Health Minister Mark Drakeford. This is the first government-funded program of its type in the United Kingdom.

Dutch Cities Call for Legal Marijuana Cultivation; Government Says No. Eight of the Netherlands' 10 largest cities, including Amsterdam and Rotterdam, signed a joint manifesto Friday calling for the creation of "a national system of certified and regulated cannabis cultivation." Another 25 municipal councils also signed on. While the Netherlands allows for the sale of marijuana through its famous cannabis coffee shops, growing marijuana remains illegal. "We want cannabis cultivation to be regulated so the national market is manageable and more transparent, and to decrease the influence of organized crime," said the manifesto. Justice Minister Ivo Opstelten rejected the proposals: "I really don't think this is the solution," the Liberal minister told Dutch public television. "Mayors just have to learn to live with it," he said.

Marijuana Growing Courses Underway in Uruguay. Uruguay's National Cannabis Federation has launched special training courses on cultivation of the popular plant, local media reported. Some 50 would-be growers are currently enrolled.

Obama Elaborates on Marijuana Policy

In an interview with CNN Friday, President Obama expanded on his remarks regarding marijuana made in a recent New Yorker interview. In that latter interview, Obama described marijuana as not being any worse than alcohol, and CNN interviewer Jake Tapper pressed him on those comments.

President Barack Obama (whitehouse.gov)
When Tapper asked him about rescheduling marijuana out of Schedule I, the most restrictive classification, he declined to take a position, instead trying to pass the buck to Congress.

"First of all, what is and isn't a Schedule I narcotics is a job for Congress," he said.

That comment was misleading. While Congress created the drug schedules and placed drugs in different schedules when it passed the Controlled Substances Act in 1970, the act gives the executive branch the power to reschedule drugs. In fact, the DEA has denied three separate petitions seeking to reschedule marijuana.

"I stand by my belief based on the scientific evidence that marijuana for casual users, individual users, is subject to abuse, just like alcohol is and should be treated as a public health problem and challenge," he said.

The president added that his main concern was the criminalization of marijuana use.

"My concern is when you end up having very heavy criminal penalties for individual users that have been applied unevenly and, in some cases, with a racial disparity," he said. "I think that is a problem. We're going to see what happens in the experiments in Colorado and Washington. The Department of Justice under Eric Holder has said that we are going to continue to enforce federal laws."

Obama added that the federal government doesn't have enough manpower to bust people "smoking a joint on the corner." But it doesn't need to; more than 90% of all marijuana arrests are made by state and local police, not federal law enforcement.

Instead of concentrating on individual users, Obama said, the federal government was working to prevent undesired consequences, such as out-of-state drug trafficking or violence, from "creeping out of this experiment that is taking place."

The president also issued a "cautionary note" about the possible consequences of a commercialized marijuana industry and warned legalization proponents to watch out for increased use levels.

"I think they have to ask themselves some tough questions, too," he said. "Because if we start having a situation where big corporations with lots of resources and distribution and marketing arms are suddenly going out there, peddling marijuana, then the levels of abuse that may take place are going to be higher."

Washington, DC
United States

Chronicle AM -- January 29, 2014

Superbowl-linked banners chiding the NFL on marijuana policy go up, drug testing of students, workers, and welfare recipients is in the news, a federal sentencing reform bill picks up support, Guatemalan peasants pick up rocks and sticks to chase off eradicators, and more. Let's get to it:

MPP's Superbowl billboards take advantage of the hoopla to challenge the NFL.
Marijuana Policy

Obama's State of the Union Remarks on Marijuana Policy. Sorry, there weren't any. Nor did he speak about sentencing reform or any other aspect of drug policy.

Superbowl Banners Chide NFL on Marijuana Hypocrisy. The Marijuana Policy Project has launched a billboard blitz on the NFL, using five billboards around MetLife Stadium, where the game will be played Sunday, to highlight the hypocrisy of the leagues' marijuana policy. The group also delivered a petition with more than 12,000 signatures to league headquarters in New York City Wednesday calling on the league to stop punishing players for using pot.

Wall Street Journal/NBC Poll Has Support for Legalization at 55%. Yet another poll is out showing majority support for marijuana legalization. The Wall Street Journal/NBC News poll has it at 55%. Click on the link for more details.

Nevada Legalization Advocates Focus on 2015. Nevada marijuana activists are crafting language for an initiative to legalize the herb with an eye on gathering enough signatures this year and next to put the measure before the state legislature. If the legislature then fails to approve it, it would go before the voters in 2016.

Medical Marijuana

Connecticut Announces Selection of First Medical Marijuana Producers. State officials Tuesday announced that four applicants have been chosen as the first-ever producers of medical marijuana to serve the needs of seriously ill patients in Connecticut. Each of the four businesses now must establish escrow arrangements in the amount of $2 million, and pay their annual license fee, at which time their operating license will be issued. Producers must be operational within 180 days of licensure. Additional information about the licensed producers will be made available in the near future.

Harm Reduction

10th Annual National Harm Reduction Conference Set for Baltimore in October. This is the nation's largest annual harm reduction event. Click on the link for all the details.

Drug Testing

New Jersey School District Abandons Random Student Drug Testing Bid. The Northern Valley Regional School District has given up its effort to impose random drug testing on students involved in extracurricular activities. After a year of debate, with many parents fiercely opposing the plan, the school board voted it down 5-4.

Maine Workplace Drug Testing Bill Under Consideration. A bill backed by conservative Republican Gov. LePage and the state Department of Labor is designed to encourage an expansion of drug testing by private employers. Legislative Document 1669 would remove the current provision that requires employers to maintain an employee assistance program and pay for half the costs of drug treatment. The bill would also make it easier for employers to identify potential drug abuse by creating a probable standard for testing that could be triggered by a single accident within the workplace. The bill is opposed by labor unions and the ACLU of Maine, which calls it a serious invasion of employee privacy.

Indiana Welfare Drug Testing Bill Passes House. A welfare drug testing bill easily passed the Republican-dominated House Tuesday. House Bill 1351 would require welfare applicants to take a written test that measures their propensity to use drugs. Those whom the test says are likely to be drug users would be required to undergo drug testing. Persons who fail the drug test could keep their benefits, provided they undergo drug treatment. But, as bill critic Rep. Vanessa Summers (D-Indianapolis) pointed out, the state doesn't offer low-cost drug treatment. The bill now goes to the state Senate.

Sentencing Reform

Federal Smarter Sentencing Act Picks Up More Supporters. The Smarter Sentencing Act of 2013, which would reduce the use of mandatory minimum sentences for drug offenses, give judges more discretion to sentence beneath the mandatory minimums, and apply retroactive sentence reductions to some crack cocaine offenders, has picked up more support this year. It was introduced with two cosponsors, Sens. Mike Lee (R-UT) and Patrick Leahy (D-VT). Sens. Sheldon Whitehouse (D-RI), Rand Paul (R-KY), and Angus King, Jr (I-ME) came on board last fall, and Sens. Martin Heinrich (D-NM), Carl Levin (D-MI), and Jeff Flake (R-AZ) have joined as cosponsors this month. The link is to the bill itself.

International

Canada Opposing Harm Reduction Policies in UN Fight. In the fight over new guidelines for the global drug control regime at the United Nations, Canada is opposing efforts to place a stronger emphasis on harm reduction measures. Drug policy groups monitoring the negotiations say Canada has joined ranks with China, Egypt, Iran, Pakistan and Russia in aggressively opposing European endorsements of health policies aimed at reducing harms, such as HIV transmission, among drug users. Canada also opposes the participation of nongovernmental organizations (NGOs) in future UN drug policymaking sessions. "The Government of Canada believes that the best way to address the public health consequences of injection drug-use is to prevent people from using illicit drugs in the first place," said a Canadian government spokesperson, refusing to elaborate further.

Guatemalan Peasants Attack Opium Poppy Eradicators. Scores of opium-growing peasants in a community near the Mexican border attacked a national police contingent sent out to eradicate their crops Monday. Indian peasants in Tajumulco blocked the way and threw rocks, sticks and incendiary bombs at the contingent to stop it from reaching the croplands. Three police officers were injured, but police said they would continue eradication efforts. Last month, Guatemalan President Otto Perez Molina floated the idea of legalizing the poppy crop.

No Marijuana Decriminalization for Guyana, Home Affairs Minister Says. Guyanese Home Affairs Minister Clement Rohee Tuesday shot down any talk of liberalizing the country's marijuana laws. "As we speak at this point in time, at twenty minutes to five, on the twenty-eighth day of January, the position and the policy of the government of Guyana is to pursue a zero tolerance policy in respect of trafficking in narcotics, possession of narcotics and any other form of activity in respect of drugs that are deemed illegal according to the laws of our country and according to the treaties and conventions of an international nature which we have signed on to," the Home Affairs Minister declared.

Jamaican Government Still Scared of Western Opposition to Marijuana Reform. Foreign Affairs Minister AJ Nicholson warned Monday that Jamaica must proceed cautiously with calls to decriminalize or legalize marijuana because of fears of violating global drug control treaties and offending the US and European countries. "There is no consideration at this time about changing the treaties, but there are still some concerns about how some Western countries would view our move towards decriminalize, depenalize or anything like that," he said.

Filipino Legislators Ponder Medical Marijuana. Minority lawmakers in the Philippines are considering medical marijuana. Rep. Rodolofo Albano III said that he planned on filing a bill in March that would permit the sale and purchase of cannabis strictly for medical use.

Another Poll Confirms Emerging Marijuana Majority

They just keep on coming -- polls showing a majority nationwide in favor of marijuana legalization. The latest is from NBC News and the Wall Street Journal.

In the WSJ.NBC poll (the marijuana question is question 20) released yesterday, a solid 55% majority said they favored allowing adults to buy small amounts of marijuana from state-licensed businesses. That's in line with a slew of recent polls showing support for marijuana legalization either at the tipping point or beyond it.

The WSJ/NBC poll showed the strongest support for legalization coming from voters under 35, nearly three-quarters of whom favored it. Support declined with age: Among 35-to-49-year-olds, support was at 51%; among the 50-to-64 age group it was 49%; among senior citizens, it declined to 38%.

Democrats were strongly in favor (66%); Republicans were not (38%).

Support was steady at near 55% across education levels, from high school to post-grad.

We are living a sea change.

Chronicle AM -- January 27, 2014

Florida's medical marijuana initiative will go to the voters in November, the DEA administrator is being both jeered and cheered for her criticism of President Obama's remarks on marijuana, the Supreme Court makes it harder to punish drug dealers for deaths related to their wares, and much more. Let's get to it:

Drug War Chronicle takes no position on the game.
Marijuana Policy

DEA Head Criticizes Obama Marijuana Remarks, Faces Calls to be Ousted. DEA Administrator Michele Leonhart last week got a standing ovation from a convention of sheriffs when she criticized President Obama's remarks on the relative safety of marijuana compared with alcohol. But now, drug reformers are calling for her head.

Colorado and Washington NORML in Superbowl "Bud Bowl" Challenge. The contenders in Sunday's NFL Superbowl game, the Denver Broncos and the Seattle Seahawks, both come from states where marijuana is legal. In honor of their hometown teams and their respective states' legal marijuana status, NORML chapters in Washington and Colorado have engaged in a friendly wager. If the Denver Broncos win, WA NORML has agreed to dress in Bronco colors of blue and orange and sing Karaoke-style Colorado's (second) official state song "Rocky Mountain High" by John Denver. If the Seattle Seahawks win, CO NORML will do the same, but in Seahawk blue and green and singing "Purple Haze" by Jimi Hendrix, a native son of Seattle. [Ed: StoptheDrugWar.org has no position on either the game or the wager.]

New Jersey State Senator Announces Plans to Introduce Marijuana Legalization Bill. State Sen. Nicholas Scutari (D) said late last week that he plans to introduce a bill to legalize marijuana. The bill is not yet filed, but envisions language that would tax and regulate marijuana like alchohol.

Harris County (Houston) DA Says Decriminalize It. Responding to Texas Gov. Rick Perry's (R) remarks last week in Davos that he supported decriminalization of marijuana possession, Harris County DA Devon Anderson said she agrees with his call for decriminalization.

Seattle City Attorney Wants More Marijuana Stores. Seattle City Attorney Pete Holmes last Thursday reiterated his request that the Washington State Liquor Control Board increase the number of marijuana retail stores allowed in the city. The board has set the number at 21, but Holmes has said that is not going to be enough.

Oregon Marijuana Legalization Referendum Bill Filed. State Sen. Floyd Prozanski (D-District 4) and several cosponsors have introduced Senate Bill 1556, which would legalize, tax, and regulate marijuana possession and commerce for adults. If passed by the legislature, the measure would then go before voters on the November ballot.

Medical Marijuana

Florida Supreme Court Approves Medical Marijuana Initiative -- It's Going to the Voters! The Florida Supreme Court Monday removed the final obstacle to the state's medical marijuana initiative appearing on the November ballot. It rejected a challenge to the measure's language by Attorney General Pam Bondi (R). The initiative has already had enough signatures validated to qualify. Click on the link to read the opinion and the text of the initiative.

Guam Medical Marijuana Bill Now Calls for Referendum. Sen. Tina-Muna Barnes, sponsor of medical marijuana Bill 215, announced Monday that she has rewritten the bill "to allow for a referendum, thus placing the question before the People of Guam in the 2014 General Election." She made the change, she said, because "the overwhelming majority of senators from both parties felt that an issue of this importance should be decided by the people directly."

Medical Marijuana Dispensary Licenses Set To Be Awarded In Massachusetts. The state Department of Public Health says it hopes to award up to 35 medical marijuana dispensary licenses this week. More than a hundred applications have been submitted. State law allows up to five dispensaries in each county in the state.

Drug Testing

Bangor (PA) School District Wants Random Drug Tests for Teachers. A policy that would make the Bangor Area School District the only one in the state to require random, suspicionless drug testing of teachers is part of negotiations for a new union contract. The contract being discussed wouldn't impose random drug testing, but would require teachers to put it to a vote. The issue came to the fore in the area after a teacher died of a heroin overdose in the apartment of a wrestling coach in 2009.

Illinois Welfare Drug Testing Bill Introduced. State Rep. Dwight Kay (R-Glen Carbon) has introduced a bill that would require welfare applicants to undergo a drug test before becoming eligible to receive benefits. House Bill 4255 does not include an intermediary step of drug screening to determine which applicants are likely to be drug users, but goes straight to testing all applicants. The federal courts have found similar laws unconstitutional.

Sentencing

US Supreme Court Restricts Heroin Death Sentencing Enhancement. The US Supreme Court ruled Monday that a heroin dealer cannot be held liable for a customer's death if the heroin use was only a contributing factor and not necessarily the sole cause. Federal law imposes a 20-year mandatory minimum sentence when "death or serious injury results from the use" of an illegal drug, and prosecutors have used the statute to win the tough sentences, but the high court held Monday that prosecutors must prove that the drug was the specific cause of death, not just a contributing factor. The case is Burrage v. United States.

San Francisco Jail Population Dropping Because of Decrease in Drug Arrests. A report from the San Francisco board of supervisors' budget analysts says the jail population has dropped because of decreased drug arrests and city policies that promote alternatives to incarceration. The jail population is down 30% since 2008. The report comes as supervisors wrangle over whether the city needs a new jail and how big it should be.

Law Enforcement

DEA Busts Bitcoin Exchange CEO for Silk Road Money Laundering. Charlie Shrem, the CEO of BitInstant, a Bitcoin exchange, has been arrested by the DEA and is charged with money laundering for selling over $1 million in Bitcoins to users of the Silk Road dark web drug sales site, who used the currency to buy drugs there. Shrem faces federal money laundering charges. Shrem and an unnamed coconspirator were both charged. "Hiding behind their computers, both defendants are charged with knowingly contributing to and facilitating anonymous drug sales, earning substantial profits along the way," DEA agent James Hunt said in a release.

Virginia Bill to Criminalize "Secret Compartments" Filed. A bill introduced by state Sen. Chap Petersen (D-Fairfax) would make it a crime to knowingly have a secret compartment in a car -- even if there isn't anything in it. The bill, Senate Bill 234, makes having such a compartment a felony and defines a "false or secret compartment" as any enclosure that is integrated into or attached to a vehicle or vessel, the purpose of which is to conceal, hide, or prevent the discovery of a person, controlled substance, or other contraband.

International

Mexican President Invites Anti-Cartel Vigilantes to Join Security Forces. Mexican President Enrique Pena Nieto said last Thursday that anti-cartel vigilantes or militias were a result of institutional weakness within national security forces and asked them to join those same security forces. He asked them to do "to do it by observing the principles and formalities of the law, fulfilling the requirements to become part of the security corps." The vigilantes are engaged in ongoing battles with the Knights Templar cartel in the state of Michoacan.

Dutch MP Calls on Government to Allow Marijuana Growing Pilot Projects. Labor MP Marith Rebel called last week for Justice Minister Ivo Opstelten to allow experiments with the legal production of marijuana. "Turning a blind eye to the fact the cafes are selling marijuana but not recognizing the fact they also have to buy it is helping criminals," Rebel said. Opstelten last month rejected calls from local councils to allow regulated grows, even though polls show majority support for the move.

New Zealand Greens Will Push for Marijuana Decriminalization, But Not Too Hard. New Zealand's Green Party says it will push for decriminalization in any post-election negotiations with Labor, but that the issue will not be a deal breaker. "I would like to progress a vast amount of our policy, and that would be one," said party coleader Metiria Turei. "We believe a drug-free lifestyle is the healthiest, but we don't believe people should be convicted of a crime, adults, if they smoke cannabis. So we still consider decriminalization is the wisest policy." But she also said the party had no bottom lines as it ponders the prospect of a coalition government with Labor.

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