A bill to end the crack/powder cocaine sentencing disparity is close to becoming law in California, the US Sentencing Commission still has work to do on mandatory minimums, the 50th anniversary of America's first pot protest will be commemorated this weekend, and more. Let's get to it:
[image:1 align:left caption:true]Marijuana Policy
50th Anniversary of First Pot Protest to Be Commemorated at Seattle Hempfest This Weekend. On August 16, 1964, a lone crusader named Lowell Eggemeier marched into the San Francisco Hall of Justice, fired up a joint, and puffed it in the presence of the police inspector. "I am starting a campaign to legalize marijuana smoking," he announced, "I wish to be arrested." He was promptly hauled off to jail for marijuana possession, at that time a felony. California NORML will lead a commemoration of Eggemeir's historic first step Saturday at the Hempfest in Seattle.
National Council of State Legislatures to Consider Marijuana Reform Resolution Next Week. The council's Law and Criminal Justice Committee will consider a resolution encouraging prohibiting the federal government from enforcing federal marijuana laws in states that have authorized either medical marijuana or adult marijuana sales and use. Click on the link to read the resolution.
Public Hearings Set for Iowa's New CBD Cannabis Oil Law. Iowans who have something to say about the state's new law decriminalizing the possession of low-THC, high-CBD cannabis oil for epileptics will get a chance at a series of public hearings. They will be held in six cities: Council Bluffs, Davenport, Des Moines, Mason City, Ottumwa, and Sioux City. Click on the link for times and dates, as well information on submitting comment via email or snail mail.
Federal Overdose Prevention Act Text Now Available Online. Sen. Jack Reed (D-RI) filed the bill, Senate Bill 2755, on July 31, and the text is now available online. The bill would create a task force to come up with ways to reduce overdose deaths. Click on the link to read the bill.
US Sentencing Commission Includes More Work on Mandatory Minimums As Part of Next Year's Priorities. The Commission today approved its list of priorities for the coming year and includes "continued work on addressing concerns with mandatory minimum penalties." The Commission said it would "once again set as its top priority continuing to work with Congress to implement the recommendations in its 2011 report on federal mandatory minimum penalties, which included recommendations that Congress reduce the severity and scope of some mandatory minimum penalties and consider expanding the 'safety valve' statute which exempts certain low-level non-violent offenders from mandatory minimum penalties.
California Fair Sentencing Act Passes Assembly. The California Assembly today approved the Fair Sentencing Act, which would remove the legal disparity in the treatment of crack and powder cocaine offenders under state law. The measure, Senate Bill 1010, has already passed the state Senate. It goes back to the Senate for a pro forma concurrence vote, and then on to the desk of Gov. Jerry Brown (D). The bill would remove not only sentencing disparities, but also disparities in the guidelines for probation and asset forfeiture in cases of possession of cocaine for sale. The disparities have resulted in a pattern of racial discrimination in sentencing and imprisonment in the state.
British Drug Minister Calls for Legalizing Medical Marijuana. British Drug Minister Norman Baker is calling for new drug laws that allow the use of marijuana to treatment certain medical conditions in a letter he will send to Health Minister Jeremy Hunt. Baker is a Liberal Democrat, the junior partner in the Conservative-led government. Lib Dems have a significantly softer drug policy line than the Tories, as was evidenced yet again when the Tories immediately slapped down Baker's proposal.
California's controversial medical marijuana regulation bill is going down to the wire, Delaware will soon see its first dispensary, Guam will vote on a medical marijuana initiative in November, and more. Let's get to it:
On Monday, Northern Arizona University rejected a medical marijuana research proposal from Dr. Sue Sisley. Dr. Sisley, who was fired by the University of Arizona over what she says is her support medical marijuana, has lost a bid to do her study at the University of Northern Arizona. She had received FDA approval and a $1 million grant from the Multidisciplinary Association for Psychedelic Studies to study its effects on PTSD in veterans, but that study is now in limbo until she finds a new home for it.
On Wednesday, the Assembly put off deliberating on the medical marijuana regulation bill until tomorrow. The bill, Senate Bill 1262, is supported by law enforcement and state municipalities, as well as by some member of the medical marijuana community, but not by others. This is the last chance to get a regulation bill through in Sacramento this year.
On Wednesday, Delaware officials signed the contract for the First State's first dispensary. Finally, a dispensary is coming to Delaware. Officials have signed a two-year contract with First State Compassion Center. A growing operation for it will begin this fall, and sales should commence sometime early next year. Delaware passed a medical marijuana law in 2011, but Gov. Jack Markell (D) balked at allowing dispensaries, fearing federal intervention. Last year, he decided to move forward with one dispensary, instead of the three called for in the state law.
Last Thursday, the Electoral Commission approved putting a medical marijuana initiative on the November ballot. The commission approved putting the Joaquin "KC" Concepcion II Compassionate Cannabis Use Act of 2013 on the ballot. The act would allow for the creation of medical marijuana dispensaries, with regulations and rules to be developed later by a government commission. The commission had balked at the move, but a Guam Supreme Court decision earlier last week said the legislature has the right to put measures before the voters. Under Guam law, the referendum must get more than 50% of the voters of all voters who vote in the general election, not just a simple majority.
Last Friday, officials announced that medical marijuana licensing starts next month. Patients and caregivers wanting to enroll in the state's medical marijuana program can begin applying for licenses on September 2. Application materials are available at the web site for the Medical Cannabis Pilot Program.
On Wednesday, Gov. Mary Fallin (R) said she supported limited access to CBD cannabis oil. She asked lawmakers to support the legalization of high-CBD cannabis oil, but only for limited trials. She says CBD could be "potentially life-saving" for some children.
On Monday, Oregon banned medical marijuana patients from being daycare providers. Oregon's Early Learning Council has passed a temporary rule barring child daycare owners and operators from holding medical marijuana cards. Owners and operators must now also report this information to the council. The rule doesn't apply to users of any other medicines.
As of Monday, the state had issued its first registration cards for high-CBD cannabis oil treatment. The Department of Health has issued registration cards to 11 patients for its new program allowing people with severe epilepsy to use high-CBD cannabis oil. People with the cards can legally possess high-CBD cannabis oil, but they will have to get it out of state. The main producer of the extract, next door in Colorado, has a lengthy waiting list.
[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]
A key California sentencing reform bill gets a final Assembly vote tomorrow, the Oregon legalization initiative gets some organized oppositions, Delaware gets a step closer to its first dispensary, Marc Emery gets to go home, and more.
[image:1 align:left caption:true]Marijuana Policy
Oregon Legalization Initiative Gets Organized Opposition. The Oregon District Attorneys Association and the Oregon State Sheriff's Association are gearing up to do combat against Measure 91, the state legalization initiative. The two groups say they are deciding right now how much money to spend trying to defeat the initiative, which has already raised more than a million dollars.
Federal Judge Throws Out Case Challenging Washington's Authority to Tax Marijuana. US District Judge Marsha Pechman has dismissed the lawsuit, ruling that the federal courts lacked jurisdiction. Dispensary operator Martin Nickerson, who was being prosecuted on federal marijuana charges filed the suit, arguing that he couldn't pay the state tax without incriminating himself. His attorney, Douglas Hiatt, said he will refile the lawsuit in state court.
Wichita City Council Votes Against Putting Decriminalization on November Ballot, But Maybe in April. After a decriminalization initiative signature drive came up short, the city council declined last night to put the measure on the November ballot, but said it would work with organizers to put it on ballot next April.
Delaware Officials Sign Contract for First Dispensary in the First State. Finally, a dispensary is coming to Delaware. Officials have signed a two-year contract with First State Compassion Center. A growing operation for it will begin this fall, and sales should commence sometime early next year. Delaware passed a medical marijuana law in 2011, but Gov. Jack Markell (D) balked at allowing dispensaries, fearing federal intervention. Last year, he decided to move forward with one dispensary, instead of the three called for in the state law.
Oklahoma Governor Says She Supports Limited CBD Cannabis Oil Access. Gov. Mary Fallin (R) today asked lawmakers to support the legalization of high-CBD cannabis oil, but only for limited trials. She says CBD could be "potentially life-saving" for some children.
With New Law in Effect, Minnesota Cops Start Carrying Overdose Reversal Drug. Sheriff's deputies in Hennepin County (Minneapolis) have become the first in the state to start carrying the overdose reversal drug naloxone after a new law went into effect August 1. The law also contains a 911 Good Samaritan provision providing limited immunity for people who seek medical assistance for those suffering drug overdoses. Last year, 56 people died of heroin overdoses in the county and another 29 died in the first six months of this year.
California Fair Sentencing Act Gets Assembly Floor Vote Tomorrow. The bill, Senate Bill 1010, would eliminate the sentencing disparity between crack and powder cocaine. It has already passed the state Senate. Click here to contact state legislators; click the title link for more bill information.
Marc Emery is Now Back Home in Canada. Canadian "Prince of Pot" Marc Emery is now back home in Canada after serving nearly five years in US federal prison for selling marijuana seeds. He landed in Windsor, Ontario, right around 4:20pm yesterday after leaving a private US deportation detention facility where he had been held after being released from US prison last month. He has vowed to wreak political vengeance on the Conservatives, who allowed him to be extradited to the US.
Algeria Has Seized More Than 95 Tons of Moroccan Hash so Far This Year. That's up over the same period last year by about 25 tons. Morocco is the world's largest hash producer, with most of its product headed for European markets.
Everybody must be at the beach, because it's pretty quiet on the drug reform front. But Philly faces a class action lawsuit over asset forfeiture, the DEA gets caught wasting taxpayer money, and there's marijuana policy action down South America way. Let's get to it:
[image:1 align:right caption:true]Marijuana Policy
Saginaw, Michigan, City Council Approves Decriminalization Vote. The city council voted last night to approve placing a decriminalization initiative before the voters in November. The council is required by state law to place qualifying citizen initiatives on the ballot, but four of the nine council members still voted against. Saginaw is one of more than a dozen Michigan towns and cities where citizen decriminalization initiatives are aiming for the November ballot.
Oregon Bans Medical Marijuana Patients From Being Daycare Providers. Oregon's Early Learning Council has passed a temporary rule barring child daycare owners and operators from holding medical marijuana cards. Owners and operators must now also report this information to the council. The rule doesn't apply to users of any other medicines.
Class Action Lawsuit Filed Against Philadelphia Forfeiture Practices. The Philadelphia District Attorney's Office is violating the constitution with its asset forfeiture practices, a class action lawsuit alleges. The city seizes an average of $5.8 million worth of assets a year, nearly four times the amount seized in Kings County (Brooklyn), New York, or Los Angeles County, both of which have larger populations. Lead plaintiff Christos Sourovelis sued after the city seized his home when his son was arrested for drug possession. His two co-complainants also allege their homes were seized although they committed no crimes.
DEA Paid an Amtrak Informant Nearly A Million Bucks for Freely Available Information. The DEA paid an Amtrak employee some $854,460 over two decades for providing passenger list information that the agency could have obtained for free, Amtrak reported Monday. The Amtrak inspector general says the DEA is already part of joint drug task force with Amtrak's police agency and could have obtained the information for no cost. Sen. Charles Grassley (R-IA), senior Republican on the Senate Judiciary Committee, sent a letter Monday to DEA head Michele Leonhart saying the incident "raises some serious questions about the DEA's practices and damages its credibility to cooperate with other law enforcement agencies."
Brazilian Senate Has Public Hearing on Marijuana Legalization. The Senate's Human Rights Commission debated marijuana legalization at a public hearing Monday. It is one of a series of public hearings about whether to introduce a legalization bill in the legislature.
Chilean Woman Becomes First Official Latin American Medical Marijuana Patient. The Chilean Institute for Public Health has approved the use of the marijuana extract tincture Sativex for a woman suffering from breast cancer and lupus. Cecilia Heyder is most likely the first officially approved medical marijuana patient in Latin America.
Costa Rica Lawmaker Files Medical Marijuana, Hemp Bill. Lawmaker Marvin Atencio of the Citizen Action Party held a press conference in San Jose Monday to announce that he had filed a bill to legalize medical marijuana in the Central American nation. The bill would create an institute within the Health Ministry to supervise it and would allow private concessions to grow marijuana -- for a hefty price tag. The bill would also legalize industrial hemp. Citizen Action controls the government, but does not have a majority, so the bill would require support from other parties to pass.
New York Gov. Andrew Cuomo is widely expected to cruise to an easy victory in the Democratic primary on September 9, despite festering influence-peddling scandals, despite his embrace of corporate benefactors, and despite his lackluster support for the ever-popular medical marijuana. He faces only one traditional challenger, Fordham University law professor Zephyr Teachout.
[image:1 align:left caption:true]But he also faces the insurgent candidacy of comedian, satirist, political gadfly, and perennial candidate Randy Credico, who bills himself as "the most progressive candidate since FDR" and who is running on an anti-corporate and pro-drug reform platform. That's nothing new for Credico, who has long been active in the Rockefeller drug law repeal movement, the prison reform movement, and other progressive social movements.
"Cuomo's father built 37 prisons, Teachout's father [a judge] sends people to prison, my father went to prison -- I know what it does to families," Credico said, beginning to sketch out not only the policy differences but the life experiences that sets him apart from the other contenders.
Credico's father did 10 years in Ohio for a nonviolent offense, the candidate explained.
Credico lays out his platform on the home page of his campaign web site, and it is the stuff of a populist backlash to both overweening corporate control and the state's alive-and-kicking prison/law enforcement industrial complex.
Keeping to the FDR comparison, he calls for "A New Deal for New York" to "Tax Wall Street, Not Main Street," bring "Benefits for the average person," "Clean up City Hall and policing," and "Build infrastructure to create jobs." The platform calls for taxes on the sales of stocks, bonds, and derivatives, income-based real estate taxes, and a more progressive income tax, as well as raising the minimum wage to $15 an hour, lowering subway fares and other transit tolls, and providing Medicare for all.
But his drug policy platform is also something to behold, and goes well beyond the baby steps taken by even the most progressive mainstream politicians. His criminal justice planks include:
- legalize marijuana;
- close Attica prison;
- ban racial profiling and end stop and frisk;
- end the Rockefeller drug laws; and
- direct election of all criminal judges.
[image:2 align:right caption:true]"I'm for decriminalizing all drugs and legalizing marijuana," Credico told the Chronicle Monday. "I'm not sure if the state is ready for legalizing cocaine and heroin, but I can't believe methadone is better than heroin. We ought to be transforming Rikers Island from a penal colony to a center for job training, education, and treatment. When Attica exploded, there were only 10,000 people in the state prison system; now there are 10,000 on Rikers alone."
[Editor's Note: The 1971 Attica state prison riot left 43 people dead, including 10 guards, and was a spark for the prisoners' rights movement of the 1970s.]
Although the draconian Rockefeller drug laws have been reformed in recent years and the prison population has declined somewhat -- from an all-time high of 95,000 at the end of 2006 to just over 81,000 at the end of June -- there are still more than 10,000 people serving prison time for drug offenses, or, as Credico notes, more than there were people in prison for anything 40 years ago.
"This is happening under the purview of Democrats," he said. "Attorney General Eric Schneiderman walked with us against the Rockefeller laws, but he's been captured by the powers that be and has ignored any calls for further reform, not just of the drug laws, but also of odious prison conditions."
Once upon a time, political candidates had to deny ever having smoked marijuana. Then, one famously denied ever having inhaled. Now, they admit to having used, but brush it off as a youthful indiscretion from their wild school days. Not Credico.
"I've admitted being a pot smoker," he said. "Not every day, but it's been good for me. I smoked and I inhaled, and I believe marijuana is better for you than e-cigs. People should have access to it. It's better than drinking or doing blow," he added.
But Credico even argues that he should have the right to do blow, if that's what he wants to do.
"I can eat Ritalin, I can gobble down all those pharmaceuticals, but if somebody shows up with some pure Bolivian, I want to try that. That's against the law? Who is responsible for that, and who is enforcing it? Nobody gives a shit if I smoke a joint or do a line," he declared.
[image:3 align:left caption:true]Of course, that could be because Credico is a middle-aged white guy. But New York City, Credico's home, is infamous for its arrests of tens of thousands of young black and brown city residents each year on marijuana charges, and Credico, of course, is aware of that.
"All the kids I see getting arrested are black. It's against the law to smoke pot -- if you're black," he scoffed.
"They arrest 50,000 kids for smoking pot, but I smoked it at the state capitol, and they wouldn't arrest me," he said. "We have 55,000 homeless people in this city, 20,000 homeless kids. Just think what we could do if marijuana was legal and taxed and we used it to rebuild the infrastructure and create low cost housing. Instead, he keep arresting brown and black kids."
Credico's campaign is low-budget, but he's using tactics honed by years of activism to get his message out. He travels to events throughout the city and state and works crowds -- many of whom already know him from his years of activism around prison issues.
"I'm focusing on the projects; that's where I'm getting my support," he said. "People are tired of the marijuana arrests, the abuse by police. We need a state law banning racial profiling. We're supposed to be the guiding light of the nation, and we don't have a racial profiling law."
Credico is using social media to the best advantage he can. He's produced an award-winning documentary, Sixty Spins Around the Sun, to explain how he's gotten to the point where he's spending his 60th year trying to unseat a powerful incumbent governor, and he's got a Facebook campaign page.
Over the weekend, he penned a piece for the Huffington Post, "Is New York Ready for a Governor Who's Ready to Inhale?", but when it comes to mainstream media attention, he feels like the Rodney Dangerfield of New York politics.
"I don't get no respect," he intoned. "I'm running against two people from the ruling class."
But at least he was on his way to do an interview with NY 1, one of the city's 24-hour cable news channels. And the campaign continues.
(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.)
Germans march for marijuana, Washington state takes in a million in taxes from the first month of pot sales, New Mexico local decriminalization initiatives struggle to make the ballot, Central Florida cops make a bunch of small-time drug busts, a new poll has some old results on the success of the drug war, and more. Let's get to it:
[image:1 align:right caption:true]Marijuana Policy
$3.8 Million in Marijuana Sales in Washington's First Month. The Washington State Liquor Control Board reported last Friday that the first month of legal marijuana retailing generated $3.8 million in gross sales. The state expects to collect about $1 million in tax revenues from the sales. That's about half of what Colorado did in its first month, but Washington is off to a slower start, with only 18 stores selling weed in July.
Gavin Newsom Says He Will Support Marijuana Legalization on 2016 California Ballot. California Lt. Gov. Gavin Newsom (D) says he will support whatever marijuana legalization initiative makes the ballot in 2016. That will probably be the one he is working on as part of a California ACLU task force studying legalization. The task force hopes to release a report on the issues around legalization by year's end.
Santa Fe Decriminalization Initiative Hands in More Signatures. After coming up short after their first signature hand-in, ProgressNow New Mexico and Drug Policy Action, the campaign arm of the Drug Policy Alliance, the sponsors of the Santa Fe decriminalization initiative, handed in additional signatures last Friday. The ballot initiative calls for making the penalty for possession of an ounce or less of marijuana and possession of marijuana-associated paraphernalia a civil infraction punishable by a fine of no more than $25.
Albuquerque Decriminalization Initiative Comes Up Short on Signatures. Sponsors of an Albuquerque decriminalization initiative -- the same folks involved in the Santa Fe initiative -- came up with only 9,172 valid voter signatures, short of the 14,218 needed to qualify for the ballot. The city had originally said they needed only 11,000 signatures, and there was talk of legal action if sponsors met the original goal, but they didn't even manage to do that.
Northern Arizona University Rejects Dr. Sue Sisley Medical Marijuana Research Proposal. Dr. Sue Sisley, who was fired by the University of Arizona over what she says is her support medical marijuana, has lost a bid to do her study at the University of Northern Arizona. She had received FDA approval and a $1 million grant from the Multidisciplinary Association for Psychedelic Studies to study its effects on PTSD in veterans, but that study is now in limbo until she finds a new home for it.
Guam to Vote on Medical Marijuana Initiative in November. The Guam Electoral Commission last Thursday approved putting the Joaquin "KC" Concepcion II Compassionate Cannabis Use Act of 2013 on the November ballot. The act would allow for the creation of medical marijuana dispensaries, with regulations and rules to be developed later by a government commission. The commission had balked at the move, but a Guam Supreme Court decision earlier last week said the legislature has the right to put measures before the voters. Under Guam law, the referendum must get more than 50% of the voters of all voters who vote in the general election, not just a simple majority.
Clock Ticking on Oklahoma Medical Marijuana Initiative. Oklahomans for Health, the group behind the state's effort to get a medical marijuana initiative on the November ballot, is running out of time. The group has until Friday to turn in 150,000 valid voter signatures, but it has so far gathered only 120,000 raw signatures. With a typical disqualification rate of 20-30%, the group would likely need more than 200,000 raw signatures to make the ballot.
Illinois Medical Marijuana Licensing Starts Next Month. Patients and caregivers wanting to enroll in the state's medical marijuana program can begin applying for licenses on September 2, state officials said last Friday. Application materials are available at the web site for the Medical Cannabis Pilot Program.
Utah Issues First Registration Cards for High-CBD Cannabis Oil Treatment. The Department of Health has issued registration cards to 11 patients for its new program allowing people with severe epilepsy to use high-CBD cannabis oil. People with the cards can legally possess high-CBD cannabis oil, but they will have to get it out of state. The main producer of the extract, next door in Colorado, has a lengthy waiting list.
Rasmussen Poll: 84% Say War on Drugs is Being Lost. A new Rasmussen Poll finds that 84% believe the nation is losing the war on drugs. Only 3% though it was winning. Americans are split on financing the drug war, with one third saying we're spending too much, 29% saying not enough, 17% saying spending levels are about right, and 22% unsure. The poll also has Americans split down the middle on marijuana legalization, with 43% for and 43% against. Click on the link for more details.
Polk County, Florida, Narcs Make String of Petty Drug Busts. The Polk County Sheriff's Department narcotics unit, the joint state-federal High Intensity Drug Trafficking Task Force, and Haines City Police combined to make a string of drug busts last week, arresting 17 people. But a perusal of the charges shows that they were primarily low-level. Twelve of the charges involved simple drug possession, most of them for marijuana, and many of them with the additional charge of being within 1,000 feet of a church. Most of the other charges were for small-time marijuana sales, again within 1,000 feet of a church. A handful of the arrests also involved other drugs, usually for possession or small-time sales. The arrests appeared to target the local African-American community.
Thousands March for Marijuana in Germany. Thousands of people calling for marijuana legalization marched through Berlin on Saturday for the city's annual Hemp Parade (Hanfparade). This year's slogan was "Green Light for Legalization," with marchers hoping legalization in Uruguay and two US states will lead to the same in Germany.