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Chronicle AM -- December 5, 2013

Busy, busy on the marijuana policy front today, and there is also medical marijuana news, a new report on coerced federal plea bargains, a call for call-ins to the Senate on mandatory minimums next week, and more. Let's get to it:

Marijuana Policy

Possession Legal in Portland, Maine, As of Tomorrow, But... The voter-approved ordinance legalizing the possession of up to 2.5 ounces of marijuana by people 21 and over goes into effect Friday. But tokers beware: The police chief says he is going to continue to enforce state law, which is stricter. Maine is a decriminalization state, so getting caught with a small amount of pot will still get you a fine.

Legalization Initiative Filed in Missouri. The Missouri marijuana reform group Show-Me Cannabis Regulation has filed an initiative that would amend the state constitution to legalize marijuana. Petitioners will have to collect signatures from about 320,000 registered voters by May 4 to qualify for the November 2014 ballot.

Washington State Marijuana Business Applications Surpass 1,300. Lots of people want to get into the legal marijuana business in Washington state. Regulators there are reviewing over 1,300 applications and there are still two weeks left for people to apply. More than 600 have applied for commercial growing licenses, more than 450 to produce edibles, and 230 have applied to open retail outlets. Regulators will license up to 334 pot shops, and there is no limit to the number of growers or producers, although the state wants to limit production to two million square feet.

Seattle City Attorney Wants More Marijuana Stores. Seattle City Attorney Pete Holmes said Wednesday that he has asked the State Liquor Control Board to allow at least 50 marijuana retail sales licenses to be issued in the city. The Board has proposed allowing only 21, but Holmes said that will not be enough to meet demand in the city.

Legalization Referendum Proposed for Dane County (Madison), Wisconsin. Dane County voters could vote on whether the state should legalize marijuana after a member of the county Board of Supervisors said he planned to introduce a measure that would ask them just that. The proposal has to pass the board, and if it does, voters would vote on a non-binding advisory referendum on the spring 2014 ballot.

Medical Marijuana

Action on Medical Marijuana Bills Delayed in Michigan. The Associated Press reported Thursday that votes on pending medical marijuana bills are unlikely until next year, although it didn't say why. Still, hundreds of people jammed legislative committee rooms to voice their opinions on improving the state's medical marijuana law.

Hearing Today on Medical Marijuana in Buffalo. Legislators in New York held a public hearing to gain support for medical marijuana legislation in Buffalo Thursday. More than two dozen speakers were invited to testify about the proposed legislation. Assemblyman Richard Gottfried (D-Manhattan), chair of the Assembly Health Committee, chaired the meeting.

Sentencing Reform

Call Your Senators on Mandatory Minimum Reform Next Tuesday. The Senate Judiciary Committee will hold a hearing next Thursday on mandatory minimum sentencing reform and the Smarter Sentencing Act, S. 1410. If passed, that bill would benefit thousands of nonviolent federal offenders facing mandatory minimum sentences (including some crack offenders who are already in federal prison). Families Against Mandatory Minimums (FAMM) is urging people whose senators are on the committee to call in to voice their support next Tuesday. Click on the link for more details.

Human Rights Watch Report Condemns Forced Pleas in Federal Drug Cases. Human Rights Watch Thursday released a report condemning coercive plea bargaining by federal prosecutors in drug cases and calling for sentencing reform. The report is An Offer You Can't Refuse: How US Federal Prosecutors Force Drug Defendants to Plead Guilty.

International

Israeli Health Ministry Bill Would Expand Medical Marijuana Program. The Israeli Health Ministry is proposing legislation that would increase the number of doctors authorized to prescribe medical marijuana and allow it to be distributed through pharmacies. The ministry is resisting allowing even broader access.

British Drug Think-Tank Offers Guide to Marijuana Regulation. The British drug think-tank Transform Drug Policy Foundation has issued How to Regulate Cannabis: A Practical Guide for policy makers, drug policy reform advocates and affected communities all over the world, who are witnessing the question change from, "Should we maintain cannabis prohibition?" to "How will legal regulation work in practice?"

Chronicle AM -- December 4, 2013

Some Denver city council members don't know when to give it a rest, some California US reps want stiffer penalties for pot grows on public lands, the Big Dog speaks on drug policy, Ecstasy may be on the rise, Morocco holds a historic hearing on cannabis, and more. Let's get to it:

Ecstasy seems to be making a comeback.
Marijuana Policy

Denver City Council Now Considering Cultivation Restrictions. Just when you thought it was safe again, after an effort to stop people from smoking marijuana on their own property in public view died Monday night, the Denver city council is now considering an effort to cap the number of plants that can be grown in a single household. The measure is sponsored by Councilwoman Jeanne Robb, the same person behind the failed private property smoking ban. The measure would be in conflict with Amendment 64, which is now part of the state constitution and clearly says anyone 21 or older can grow six plants "notwithstanding any other provision of law."

California US Senator, Representatives Seek Tougher Penalties for Federal Lands Marijuana Grows. Several California congressmen, including some who have been strong supporters of medical marijuana, have written a letter to the US Sentencing Commission seeking longer prison sentences for people growing on federal and some private lands. "We are concerned that existing guidelines do not address the long term detrimental threats these operations pose to the environment and nearby communities," the letter said. "The production and cultivation of controlled substances in particular marijuana, on public lands or while trespassing on private property is a direct threat to our environment and public safety." The signatories include Sen. Dianne Feinstein and US Reps. Doug Amalfa, Sam Farr, Jared Huffman, and Mike Thompson.

Drug Policy

Bill Clinton Says Attitudes Toward Drug Legalization Are Changing. Attitudes toward drug legalization are changing, former President Bill Clinton said in an interview with Fusion TV Tuesday. "The drug issue should be decided by people in each country, based on what they think is right," the ex-president opined. "We have a process in America for doing it that's being revisited state-by-state. And Latin America is free to do the same thing. It's obvious that attitudes are changing and opening up," he said. But he added that he didn't think hard drugs should be treated like marijuana. "It's also too complicated to say that if you legalize it, you wouldn't have any of these armed gangs trying to exercise a stranglehold over whole communities and lives, or that we could actually get away with legalizing cocaine and then the criminals would go away," he said.

Vermont Chief Justice Criticizes Drug War, "Tough on Crime" Approach. Vermont Chief Justice Paul Reiber has lashed out at the war on drugs and "tough on crime" approaches in general in a pair of recent speeches and a television interview. "Even with our best efforts, we are losing ground," Reiber told a crowd at Vermont Law School last month. "The classic approach of 'tough on crime' is not working in this area of drug policy. The public responds very well to this 'tough on crime' message, but that does not mean it's effective in changing individual behavior. If the idea is law enforcement alone will slow and eventually eliminate drug use altogether, that isn't going to happen… The criminal justice system can't solve the drug problem."

Club Drugs

Teen Ecstasy-Related Hospital ER Visits Doubled in Recent Years, Feds Say. The Substance Abuse and Mental Health Services Administration (SAMHSA) reported Tuesday that hospital emergency room visits linked to teen Ecstasy use had more than doubled between 2005 and 2011. The number jumped from about 4,500 to more than 10,000 during that period. One third of those cases also involved alcohol. Authorities worry the club drug is making a comeback, although the number of ER visits reported for ecstasy is a tiny fraction of the 1.5 million drug-related ER visits reported each year.

International

Morocco Parliament Holds Hearing on Legalizing Cannabis for Hemp, Medical Marijuana. Morocco's Party for Authenticity and Modernity held a historic hearing Wednesday about legalizing marijuana cultivation for hemp and medical marijuana. The party hopes to introduce legislation next year. Somewhere between 750,000 and a million Moroccans depend on the cannabis crop for a living, although lawmakers said small farmers currently reap very little profit, with most profits going to drug traffickers sending Moroccan hash to Europe.

Former Mexican Border State Governor Charged in US with Money Laundering for Cartels. Tomas Yarrington, the former PRI governor of Tamaulipas state, across the Rio Grande from Brownsville and McAllen, Texas, has been indicted by US authorities on charges he took millions in bribes from the Gulf Cartel. Prosecutors allege Yarrington started receiving bribes while running for governor of the state in 1999 and continued to do so throughout his term. He is being sought by US authorities, but has not been taken into custody in Mexico.

Chronicle AM -- November 22, 2013

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

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

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

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

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

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

Medical Marijuana

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

Drug Testing

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

Law Enforcement

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

Sentencing

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

International

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

Editorial: Did Trey Radel Really Vote for Drug Testing?

One of the top political stories this week was the recent arrest of Rep. Trey Radel, a freshman Republican congressman from Florida. Radel pleaded guilty to cocaine possession yesterday and was sentenced to a year of supervised probation. Last night he gave a press conference to apologize to the country and his constituents and family, and announced he would be taking a leave of absence to pursue counseling and drug treatment.

http://stopthedrugwar.com/files/borden12.jpg
David Borden
Since the bust came to light, numerous headlines have circulated to the effect of Radel having voted for legislation to drug test food stamp recipients. But this is only true in a technical sense. As the text of these articles notes, unlike their headlines, the legislation Radel voted for was an ultimately failed version of the Farm Bill, one of the recurring major federal budget packages authorized every five years. Drug testing was a noxious but small part of the legislation, which also was a mechanism for continuing agricultural subsidies, for continuing the SNAP program itself, and many other things. There were Democrats who voted for the bill too, the roll call shows, some of them liberals who undoubtedly opposed the drug testing provision. Also, the amendment that got drug testing added to the Farm Bill was passed through a voice vote, and there is therefore no record of who voted for or against it. That means that Radel's vote for the Farm Bill could have been consistent with supporting drug testing of SNAP recipients, opposing drug testing, or having no position on it. There is no way to know without delving further. Politicians often have to vote for bills despite there being provisions they don't like, because they want an overall bill to pass.

Radel is also one of just three Republican sponsors of the Justice Safety Valve Act, a bill to undo mandatory minimum sentencing by allowing judges to impose sentences below any specified minimums. Although mandatory minimums extend to more issues than drugs, it is drug offenders who are the principle targets of them. So Radel has actually done more than most members of Congress to try to at least reduce the use of incarceration in America, and for drug offenders in particular. A piece published on ThinkProgress.org Tuesday in fact noted a number of statements Radel has made that express skepticism about drug war policies. It also noted that he has expressed opposition to marijuana legalization, so there are facts on both sides. On the other hand, most members of Congress are still likely to say they're not for legalization, despite our movement's recent victories and where opinion polls have gone, so I'm not inclined to attach much significance to that.

Radel news conference, 11/20/13 (TodayNews via YouTube)
That doesn't mean there isn't a valid lesson to be learned from the Radel arrest. A Politico article fairly described the incident as "bring[ing] up drug testing for food stamps." Nancy Pelosi legitimately made this point. Radel's Republican colleagues who are the main supporters of the drug testing amendment may deserve the hypocrisy charge. But it's less than clear that Radel does.

More important than piling on a member of Congress who probably doesn't deserve it, but more important in any case, is to make the points that the incident helps to illustrate about the discrimination and injustices inherent in drug war policies -- like drug testing poor people who don't use drugs more than anyone else, and throwing them out the window when they make the same mistakes in their stressful lives that many others who have easier lives make too.

Radel Hypocrisy Charge Doesn't Withstand Scrutiny

[Update: I've posted an improved version of this editorial in the Chronicle. Request links and likes there instead. - DB]

One of the top political stories this week is the recent bust for cocaine possession of Rep. Trey Radel, a Republican freshman congressman from Florida. Radel pleaded guilty today, and was sentenced to a year of supervised probation. As I write this piece, he is giving a press conference to apologize to the country and his family.

http://stopthedrugwar.org/files/trey-radel-200px.jpg
Trey Radel
Since the bust came to light, headlines have been circulating to the effect of Radel having voted for legislation to drug test food stamp recipients. I believe this is off base, because it is true only in a technical sense. As the body of the articles explain, what Radel voted for was an ultimately failed version of the Farm Bill, one of the major, recurring federal budget bills that get authorized every five years. It includes things like agricultural subsidies, funding for the food stamps program as a whole (now known as SNAP, Supplemental Nutritional Assistance Program, rather than "food stamps"), many other items. Drug testing of food stamp recipients was just one provision out of many in the bill, and a look at the bill's roll call shows that while it was mostly Republicans who voted for it, there were also some Democrats, including some liberals who almost certainly opposed the drug testing provision. Politicians frequently have to vote for bills that include provisions they don't like, because they want to larger package to pass.

The drug testing language was actually added to the bill through an amendment sponsored by Rep. Richard Hudson (R-NC), which was passed on a voice vote, no roll call. That means there is no way to know, at least from the official legislative record, what Radel's position on the amendment was. His vote for the Farm Bill is consistent with supporting the amendment, with opposing the amendment, or with having no position on it. It's legitimate to point out, as a Politico article did, that Radel's arrest "brings up drug testing for food stamps." I hope it does, but that's a different point.

A ThinkProgress article noted that Radel has made comments suggesting "nuance" in his views on drug policy, pointing out he cosponsored a bill to reduce the use of mandatory minimum sentencing for low-level drug offenses. Perhaps in a nod to the "drug testing vote" headlines, the article has an update at the bottom mentioning the vote. I believe the original thrust of the article was on target, and I don't see the hypocrisy angle holding up in this case, at least from as much as we know right now.

Chronicle AM -- November 18, 2013

A bill to protect the guns rights of legal marijuana users has been filed, hempsters hit the halls of Congress, a new medical marijuana bill is filed in Pennsylvania, and more. Let's get to it:

Rep. Jared Polis (D-CO) filed a bill to protect the gun rights of legal marijuana users.
Marijuana Policy

Polis Files Federal Bill to Protect Gun Rights of Legal Marijuana Users. US Rep. Jared Polis (D-CO) last Thursday filed House Resolution 3483 to override a 2011 ruling by the Bureau of Alcohol, Tobacco & Firearms that medical marijuana patients cannot legally buy or own guns. The bill's summary says its purpose is "to amend title 18, United States Code, to provide exceptions from the firearm prohibitions otherwise applicable in relation to marijuana if its possession is lawful under State law."

Washington State Now Taking Applications for Pot Business Licenses. Beginning today, Washington state is taking applications for licenses to grow, process, and sell legal marijuana. The licensing application period lasts 30 days. Under rules drafted by the Liquor Control Board, the state will license up to 2 million square feet statewide for marijuana production and up to 334 retail outlets.

Near Majority for Marijuana Legalization in Wisconsin. A Marquette University Law School poll has Wisconsin hovering on the cusp of majority support for legalization. The late October poll had support for legalization at 49.7%, with 44.9% opposed, 4.7% not sure, and 0.8% who refused to answer.

No Decriminalization in Puerto Rico This Year. Marijuana decriminalization won't happen this year in Puerto Rico. The legislative session has ended without the lower house taking up a decriminalization bill passed earlier by the Senate. Recent polls showing little support for decriminalization and even medical marijuana helped dampen things, but decrim bill sponsor Sen. Miguel Periera said he will reintroduce it in the new session in January.

Medical Marijuana

Americans for Safe Access Forms Virginia Chapter. The national medical marijuana advocacy group is coming to the Old Dominion. The state chapter, Safe Access Virginia, will lobby elected officials to pass a comprehensive Virginia Medical Cannabis Act. The group had its inaugural meeting Saturday in Richmond.

Oregon Committee Reviewing Dispensary Rules Meets Today. The committee charged with drafting rules for medical marijuana dispensaries is meeting in Salem today. It will consider an opinion from the Oregon Legislative Counsel that says regulating dispensaries is the job of the state, not localities. Some localities have already moved to ban dispensaries.

Pennsylvania Medical Marijuana Bill Introduced. State Sens. Daylin Leach (D) and Mike Folmer (R) introduced a limited medical marijuana bill Monday. While the text is not yet available, Leach's remarks suggest that it seeks to allow medical marijuana with a high CBD content that could be used by children suffering from epilepsy.

Hemp

Hemp Lobbyists go to Washington, DC. Led by David Bronner of Dr. Bronner's Magic Soaps, several dozen supporters of industrial hemp were on Capitol Hill Monday urging Congress to lift the federal ban on domestic hemp production. "It's time to grow hemp," Bronner said. "I mean, it's been a long and ridiculous situation."

International

Ireland Stops Anti-Drug Aid to Death Penalty States; Britain Pressed to Do Same. Last Friday, Ireland announced it was stopping "funding to UNODC's Illicit Trafficking and Border Management program because of human rights concerns related to the use of the death penalty in Iran." The British justice reform nonprofit Reprieve is now pressing the UK government to do the same. "Britain is rapidly becoming isolated as the only country which thinks supporting the death penalty machines of Iran and Pakistan is acceptable. Hundreds of people have been sentenced to death in these countries in the last few years for non-violent drug offenses -- helped by millions of pounds of British taxpayers' money. Britain could end this problem tomorrow by putting in place conditions on the aid that it cannot be used to support the death penalty -- why are ministers refusing to do so?"

More Mass Graves in Mexico. Investigators in western Mexico have dug up 19 bodies from a series of eight mass graves after being led to them by corrupt police officers who had been working for drug cartels. More bodies may be coming. They are believed to be victims of turf wars between the Knights Templar and New Generation Jalisco drug trafficking organizations. The corrupt cops were arrested after two federal police were abducted in Michoacan. The missing federal cops are not among the bodies found so far. Meanwhile, in Guerrero, five more bodies were pulled from a mass grave.

Chronicle AM -- November 11, 2013

Utah is getting organized for marijuana law reform, the NAACP is supporting a "states' rights" federal marijuana bill, attention turns to the drug war south of the border in Washington, and more. Let's get to it:

Marijuana Policy

NAACP Endorses Federal Respect States Marijuana Laws Act. The NAACP late last month formally endorsed the Respect States Marijuana Laws Act, House Resolution 1523. Introduced in April by Rep. Dana Rohrabacher (R-CA), the measure would protect both medical and recreational marijuana use and distribution in states where it is legal. That the nation's largest African-American organization and one of the top civil rights organizations would support a "states' rights" measure, given the history with which states' rights is weighted when it comes to race relations, suggests that the NAACP fully understands how destructive the war on marijuana has been to African-American communities.

Beehive State Activists Form Utah Cannabis Coalition. A number of Utah-based marijuana reform groups have formed the Utah Cannabis Coalition to fight for marijuana legalization in all its forms. The groups include Hempower Utah, SLC Hemp, Utah Moms for Marijuana, Salt Lake City Moms for Marijuana, Legalize Utah, and UtahCARE - Cannabis Awareness, Respect and Education. The coalition will be working to win over legislators and holding a number of event this fall and winter.

Search and Seizure

Another New Mexico Nightmare Drug Search, This One Courtesy of the Feds. The New Mexico chapter of the ACLU is representing a woman who was subjected to a strip search, vaginal and anal probes, X-rays, and a CAT-scan, as well as being forced to defecate in front of observers after a drug dog alerted on her as she crossed the US-Mexico border. No drugs were found. This incident comes after two recent cases of Deming police subjecting unwitting motorists to similar treatment, but in this case, the abuse took place at the hands of federal officials and compliant medical personnel.

International

Prague Grow Shop Raids Spark Protest. The Czech marijuana activist groups Leglizace organized a protest in central Prague Saturday against recent mass police raids on shops that sell indoor gardening equipment often used to grow marijuana. Some 200 people gathered to whistle loudly as they carried signs with messages such as "Growing is No Crime." Police have charged at least 22 people with criminal offenses in the wake of the raids.

Mexican Drug War

Petition to End US Support for Mexican and Central American Drug Wars. A petition sponsored by the Americas Program of the Center for International Policy is calling on Congress and the Obama administration to carry out a "fact-based evaluation and seriously rethink the war on drugs" as applied to Mexico and Central America. "We call on you to end funding to the bloody war on drugs in Mexico and Central America, which has led to the death and disappearance of more than 100,000 Mexicans and the dangerous militarization of the region. Instead of continuing to waste billions of taxpayer dollars through the Merida Initiative and the Central American Regional Security Initiative, we urge you to join citizens and governments of the region in the search for more just, effective and humane alternatives to the drug war at home and abroad," the petition says. You can sign it at the link above, and it could use your help; the goal is 5,000 signatures this week, but it so far has fewer than 500.

Javier Sicilia and Caravan for Peace in Washington, DC, This Week. Mexican poet and drug peace leader Javier Sicilia and the Caravan for Peace (Movement for Peace with Justice and Dignity) will be in Washington Tuesday and Wednesday. Sicilia and the group will brief the Organization of American States and Congress at separate events Tuesday and Wednesday. Click on the link for more details.

Chronicle Daily News--November 1, 2013

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

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

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

Drug Testing

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

Marijuana Policy

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

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

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

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

International

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

Chronicle Daily News--October 31, 2013

Here's our first try at altering our format to continue to bring you comprehensive coverage of what's going on in the war on drugs and the world of drug reform. Look for this or something similar on a daily basis from now on. Let's get to it:

Marijuana

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

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

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

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

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

Drug Testing

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

Psychedelics

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

Sentencing Reform

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

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

International

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

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

Reps Urge New Direction with Drug Czar Pick

Five Democratic members of Congress are calling on President Obama to use the nomination of a new drug czar as an opportunity to take a big step toward fully embracing a drug policy based on science, reason, and facts. The five representatives made their call in a letter sent to the White House Thursday.

The White House Office of National Drug Control Policy (the drug czar's office) is charged with advising the president on drug control issues, setting federal drug control policy, and producing an annual report on national drug control strategy. Its current head, former Seattle police chief Gil Kerlikowske, is resigning to take on the position of commissioner of Customs and Border Protection.

"We commend you and your Administration on the recent steps you have taken to pursue smarter sentencing and policies that respect state laws regarding marijuana," the congressmen wrote. "We urge you to nominate a new director of ONDCP who will develop policies based on science rather than ideology and move away from the failed policy of criminalizing marijuana. The new director should promote fact-based education and use medical science and behavioral research to end the questionable practice of equating marijuana with dangerous drugs like heroin, crack, and methamphetamine."

The signatories are US Representatives Steve Cohen (D-TN), Earl Blumenauer (D-OR), Sam Farr (D-CA), Mark Pocan (D-WI), and Jared Polis (D-CO).

The congressmen noted that the position of drug czar has historically been filled by individuals with law enforcement backgrounds who have viewed drug policy as a matter of criminal enforcement rather than as a matter of public health -- regardless of the medical science and public research available. That needs to change, they said.

"We ask that you break from this tradition and nominate someone with a background in science," the letter said. "Particularly in light of the rapidly growing public support for marijuana legalization and broader drug policy reform, it would be a mistake for you to appoint someone who merely continues to prosecute the failed war on drugs."

Instead, they wrote, "the new director of ONDCP should promote scientific research into the benefits and risks of marijuana legalization and be guided by the results of those findings. He or she should take note of the growing movement at the state level to make marijuana legal for medical or personal use and help shape national policies based on the lessons learned in those states. At a minimum the new director should urge strict adherence to the recent DOJ guidelines regarding criminal enforcement in those states."

It has been nearly six weeks since Kerlikowske's pending resignation was announced, but there has so far been little hint of who the White House has in mind to replace him. The congressmen are suggesting that it's time to break the mold and head in a new direction.

Washington, DC
United States

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