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.
[image:1 align:left caption:true]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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
After last weekend's International Drug Reform Conference in Denver, a clear picture is emerging of which states are likely to be the first to follow Colorado and Washington down the path of marijuana legalization. And while some recent polls suggest the American public is getting ahead of even the leading marijuana reform honchos, well-laid plans already in place point to the possibility of a 2014 trifecta, with Oregon following Alaska to legalization through the initiative process and Rhode Island becoming the first state to legalize through the legislature.
[image:1 align:left caption:true]While activists in a number of other states -- including Arizona, California, and Wyoming -- are already working on legalization initiatives for next year, reform leaders cautioned that 2016 remains a better prospect. But they also acknowledged that recent favorable shifts in public opinion, most notably last week's Gallup poll showing an historic 58% in favor of legalization, could accelerate matters.
"We've been saying wait for 2016, but we seem to be changing our minds, at least a little," said Drug Policy Alliance (DPA) executive director (and key funding conduit) Ethan Nadelmann.
"I keep getting surprised," agreed Graham Boyd, counsel to Progressive Insurance founder Peter Lewis (and key funding conduit). "Activists in any number of states are saying they can win now, and we're hearing this from multiple states, and polls in multiple states are also coming in much more favorable."
While groups like DPA and the Marijuana Policy Project (another key funding conduit) have a game plan for the next few years that largely emphasizes 2016 for initiative states, the movement needs to be flexible enough to take advantage of emerging opportunities, Boyd warned.
"The main thing is growing public support. I think you can look at the list of 2016 states and argue that any of them could go in 2014," he said. "If the public is ready in 2014 and something happens before 2016 and that lift tails off, we may find ourselves saying we missed the wave."
Among those initiative states where the plan had been to wait for 2016 are Arizona, California, Maine, and Montana. In Arizona, a signature gathering campaign for 2014 is underway, but appears to be running up against the clock, while in California, two separate initiatives have been filed for 2014, but so far lack the access to big money required to actually make the ballot.
Major marijuana reform players in California led by the ACLU of California also recently attempted to set the stage for a 2016 initiative (and perhaps smother the 2014 efforts, some activists feel) with the formation of a blue ribbon panel to study policy issues around marijuana regulation, taxation and legalization. The panel would study and deliberate for the next two years, meaning their recommendations would not be ready by 2014.
"We put together a panel of experts headed up by Lt. Gov. Gavin Newsom, the highest-ranking official to come out in support of taxing and regulating marijuana," explained ACLU of California criminal justice and drug policy director Allen Hopper. "We tried to bring together a group of experts who right now may not advocate for legalization -- including doctors, an elected sheriff, and the California Society of Addiction Medicine -- to begin to tackle some of the policy issues that need to be resolved in California. We haven't asked people to write ballot language, but we have a range of folks who can talk to their communities. We support legalizing, but in terms of how we talk about it and how a ballot initiative campaign would be run, you have to meet the people where they are."
While even the reform movement leaders concede that things could move faster than they think, the three surest bets for a legalization effort next year are Alaska, Oregon, and Rhode Island.
In Alaska, a tax and regulate marijuana initiative that would also allow adults to grow up to six plants has been certified and is now in the signature-gathering process. Proponents have until next June to gather 30,169 valid voter signatures to qualify for the ballot.
Alaska already allows for adults to possess small amounts of marijuana in their homes under the state Supreme Court's interpretation of the state constitution's privacy provisions. If the initiative makes the ballot and passes, Alaska will be the next state to legalize through the ballot box simply because under state law, ballot initiatives are voted on during primary -- not general -- elections, and thus will be a done deal before Oregon gets a chance to vote.
In Oregon, the oft-fractious marijuana reform community appears to have largely coalesced around a control, regulate, and tax initiative from New Approach Oregon filed with secretary of state's office last Friday. As important as a unified movement is financial support from big funders, and the Oregon effort appears to have it. The campaign has already collected more than $120,000 in early funding from DPA's political action arm, Drug Policy Action; Peter Lewis; and the Oregon-based 501(c)(4) nonprofit American Victory Coalition.
"New Approach Oregon is doing a legalization campaign in 2014, and based on the polling data, we think this is viable and there is a really good chance of this happening, and we've secured some funding. so I think Oregon is the next state to legalize," predicted New Approach founder Travis Maurer.
Back east in Rhode Island, initiatives aren't an option, so activists there are looking to make it the first state to legalize via the legislative process. And they're getting some help from MPP, which thinks the prospects are good.
"I think Rhode Island will be next, followed by Alaska next year and Oregon soon after," said MPP director of state policies Karen O'Keefe.
"We've had medical marijuana for seven years and got decrim in 2012," explained Rebecca McGoldrick, executive director of the Providence-based Protect Families First, which has stepped in to do drug reform advocacy in the state. "Last year was the first year we focused exclusively on regulation, and the conversation is changing; even our opponents are coming around, and we believe the governor is likely to sign a bill if it's done in the right way."
Those are the three states reform leaders deem most likely to legalize next year, although, as noted above, the situation remains fluid -- especially if public opinion continues to shift as dramatically as it has been doing in the last couple of years, and particularly since the victories in Colorado and Washington last year.
One long-shot is Missouri, where Show-Me Cannabis Regulation has been building the marijuana reform movement for the past two years. Show-Me activists are busily holding educational meetings across the state this year, and have plans in the state legislature, but they're also eyeing the initiative process.
"I'd be remiss if I didn't mention Missouri," said Boyd. "There is a lot of belief there that they are in striking range."
"People say 'Missouri…really?' but Missouri is in the middle of the country, and the country is ready," said Show-Me's Amber Langston. "There's a slight possibility for 2014. We have the language pretty much wrapped up and ready; we'll see what the poll numbers look like. If not 2014, we'll do it in 2016."
The race to legalize is on. The early favorites are set, but there's still time for other entrants to join the race, and there may be some surprises. It's going to be an interesting next 12 months.
A Michigan couple get their child back, New Jersey gets its second dispensary, and Washington regulators get an earful over moves to do away with patient home grows under I-502 legalization. And much, much more. Let's get to it:
Last Tuesday, a judge allowed a medical marijuana patient to continue to use while on probation, even though her plea agreement strictly forbade it. The county attorney in the case had added a blanket condition to plea agreements prohibiting offenders from using marijuana regardless of whether they hold medical marijuana cards, but the woman's attorneys argued that the clause violated state law and that prosecutors could not legally prohibit probationers from using medical marijuana. The judge agreed. The county prosecutor is expected to appeal.
On Tuesday, advocates and doctors urged the state to add PTSD as a condition treatable with medical marijuana. The occasion was a public hearing at the Arizona Department of Health Services. The state currently allows marijuana for eight specified medical conditions. The department will make its decision by January.
Also on Tuesday, the ACLU of Arizona filed a lawsuit requesting that the courts officially rule that extracts are covered under the state's medical marijuana law. The suit was filed in a bid to protect the parents of a 5-year-old boy suffering from epilepsy from criminal prosecution for treating him with marijuana-derived oil. Extracts are currently in a legal gray area in Arizona, where police and some prosecutors say they are illegal and the Department of Health Services is still "developing guidance to clarify these issues," even though that guidance was supposed to be completed this month.
On October 16, Mendocino County announced it had released more records to the federal government related to the former marijuana grow permitting program that allowed growers to have up to 99 plants per parcel. The county was responding to a second set of federal subpoenas, this one for a "limited number" of records concerning the program. An earlier subpoena was much broader, but was fought by the county. The county and the feds reached an agreement in April to release some records, but with the names of participants redacted.
Also on October 16, the Selma city council banned dispensaries and imposed tight restrictions on medical marijuana grows. The Fresno County community will require growers to register, get building permits, and stay 1,500 from sensitive uses, and no outdoor grows are allowed. The new ordinance is a slight improvement on a 2010 ordinance that banned all medical marijuana uses in the city.
Also on October 16, word came that the Justice Department has abandoned some asset forfeiture proceedings against medical marijuana landlords. The US Attorney for the Central District of California, Andre Birotte, dropped at least four cases in October. But other US Attorneys in the state continue to pursue asset forfeiture cases, including pending cases against landlords for Harborside Health Center and the Berkeley Patients Groups.
On October 17, medical marijuana activist Lanny Swerdlow prevailed in a civil trial against anti-drug crusader Paul Chabot. Swerdlow had alleged false arrest and malicious prosecution after a 2007 incident at a Rancho Cucamonga meeting. The jury found for the false arrest, but not the malicious prosecution, and awarded Swerdlow $5,000 for past losses. They will meet again to determine punitive damages.
On October 18, the owners of a former Vallejo dispensary filed suit against the city alleging abuse of power, excessive force, and retaliation after it was raided by police last year. Daniel and Rhonda Chadwick, owners of Homegrown Holistic Cooperative, Inc., claim the city retaliated against them after Daniel Chadwick spoke out at a contentious city council meeting after a series of dispensary raids. Police in Vallejo raided at least six dispensaries there in 2012 even though the city had voted the year before to tax dispensaries -- not shut them down. All of those cases fell apart, but the damage had been done.
On October 17, the Westport planning and zoning commission approved a moratorium on dispensaries and producers. The moratorium would last for a year, while the community has a chance to wrap its head around "the newness" of recently issued state regulations.
On Monday, the Farmington planning and zoning commission passed a six-month moratorium on medical marijuana facilities. The commission wants town staff to have adequate time to research the new state regulations.
On October 22, the Marijuana Policy Project criticized Gov. Markell's dispensary plan. State law calls for three dispensaries, but Markell had delayed opening any dispensaries for the last two years after receiving a threat letter from federal prosecutors. Markell has now moved forward, but said he will support opening only one dispensary next year.
Last Thursday, state Attorney General Pam Bondi challenged a proposed ballot initiative for a medical marijuana constitutional amendment. The attorney general is required by state law to send initiatives to the state Supreme Court for review, but Bondi also attacked the initiative, saying if it passed, "Florida law would allow marijuana in limitless situations" and warning that it conflicted with federal law. The court will hear arguments on December 5.
Last Friday, Sen. Tina Muna-Barnes filed a medical marijuana bill. The bill would require that all medical marijuana come from Guam itself. Last month, Muna-Barnes introduced a resolution to decriminalize marijuana for medical purposes that won broad support at a public hearing.
On Sunday, the Guam Medical Association complained it hadn't been consulted. The association didn't take a position for or against, but said it thought it should.
On October 16, a Bolton town meeting decided to approve a moratorium on medical marijuana dispensaries and grow operations. The moratorium would prevent such facilities until June 30, 2014.
Last Wednesday, a Saugus town meeting voted to approve a moratorium on dispensaries. The moratorium will stay in effect until September 30, 2014, or until local zoning bylaws are adopted.
On Monday, Wareham voters approved a zoning law that allows medical marijuana treatment centers. The law replaces a temporary moratorium on such businesses that was voted in at the spring town meeting. The centers will be allowed in an "institutional district."
On Tuesday, Framingham selectmen gave the go-ahead for staff to take dispensary applications.There are at least a dozen proposals pending for dispensaries or grow operations in the city. A Special Town Meeting last week rejected a zoning bylaw and proposed overlay district that would regulate medical marijuana dispensaries and growing facilities. The town is developing a ranking system to rate applicants.
Last Friday, an Ingham County judge ordered an infant child returned to her medical marijuana using parents. Steve and Maria Green's daughter Bree had been removed by Child Protective Services last month, but the judge found no evidence of abuse or neglect. The parents agreed not to medicate around their children, but said that's how they've handled things all along.
On Monday, the state's second medical marijuana dispensary opened. The Compassionate Care Foundation opened in Egg Harbor, making it the first in South Jersey. The state legalized medical marijuana in 2010, but the Christie administration has made the roll-out excruciatingly slow. Now, though, things are starting to roll. A third dispensary is slated to open in a couple of weeks in Woodbridge Township, and the state Department of Health is in licensing talks with three other facilities.
Last Tuesday, two Dickinson residents entered conditional guilty pleas to marijuana possession, enabling them to appeal to the state Supreme Court that their out-of-state medical marijuana guards should have allowed them to possess marijuana in North Dakota. Their lawyers will argue that the medical marijuana recommendations should be a valid defense.
Last Friday, the panel charged with crafting rules for dispensaries met again. The legislature this year passed a bill to regulate the medical marijuana system statewide, and this was the panel's second meeting. It is expected to finish its work by December 1.
Last Tuesday, a poll found support for medical marijuana at 71%. The state has taken no action to approve the medical use of the plant, but perhaps some legislators will take heed.
On Sunday, Sen. Jeanne Kohl-Welles warned that the battle for homegrown medical marijuana is not over. State agencies charged with implementing marijuana legalization under the I-502 initiative have proposed eliminating patient grows under the state's medical marijuana program, but that effort has ignited a firestorm of criticism from patients. Now, they have at least one prominent supporter in the legislature.
Last Tuesday, 18 legislators cosponsored a medical marijuana bill. The bill, Senate Bill 363, would allow for dispensaries and home cultivation. Patients or caregivers could grow up to 12 plants and possess up to three ounces at a time. The bill has been assigned to the Senate Health and Human Services Committee, chaired by Republican Senator Leah Vukmir, but has not yet been scheduled for a committee hearing.
[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]
Last Friday, Oregon activists organized as the New Approach Oregon political action committee filed a marijuana legalization initiative with the secretary of state's office. Unlike the initiatives filed this year by Paul Stanford, author of 2012's failed Measure 80 legalization initiative, this one has picked up the backing of deep-pocketed donors.
[image:1 align:right]Last month, the new initiative picked up contributions of $32,000 from Progressive Insurance founder and marijuana law reform funder Peter Lewis and $50,000 from Drug Policy Action, the lobbying arm of the Drug Policy Alliance, the secretary of state's office reports. Since the spring, the effort has also received $38,500 in cash contributions from the American Victory Coalition, an Oregon-based federal nonprofit that opposes the war on drugs, among other issues.
Oregon has been widely touted as one of the states most likely to join Colorado and Washington in having legalized marijuana at the ballot box. This new initiative, with broad support within the state's activist community and financial support from major outside donors, increases the likelihood that Oregon will indeed free the weed in 2014.
The Florida Supreme Court has set December 5 as the day it will hear arguments in state Attorney General Pam Bondi's effort to quash a medical marijuana initiative that is now in its signature-gathering phase. Last Thursday, Bondi asked the high court to review the initiative -- as is required by Florida law -- but also criticized it as misleading, which, if the high court agrees, could see it scrapped.
[image:1 align:left caption:true]"The ballot title and summary suggest the amendment would allow medical marijuana to be used only in limited circumstances and only for patients with 'debilitating diseases,'" Bondi wrote. "But if the amendment passed, Florida law would allow marijuana use in limitless situations."
The initiative is run by United for Care and is so far being funded largely by Florida attorney and political operator John Morgan. It faces an uphill battle. Not only must organizers come up with more than 600,000 valid voter signatures, but if they overcome that hurdle and the Supreme Court challenge, under Florida law, they need 60% of the vote to pass.