Chronicle AM: FL Legalization Init to Roll Out, Dark Web's Largest Drug Market Shuts Down, More (8/27/2015)
The controversial ResponsibleOhio legalization initiative continues to make news, a Florida legalization initiative kicks-off tomorrow, the Dark Web's biggest drug marketplace is shutting down--at least temporarily--and more.
[image:1 align:left caption:true]Marijuana Policy
Florida Legalization Initiative Rolls Out Tomorrow. An initiative campaign to legalize marijuana in the Sunshine State will begin with a news conference in Fort Lauderdale tomorrow morning. The Sensible Florida PAC will announce a signature-gathering drive for a constitutional amendment to regulate marijuana like alcohol. Some 683,000 valid voter signatures will be needed, and since this is a constitutional amendment, it will need 60% of the vote to pass.
Ohio Legalizers Roll Out "Buddie" Mascot, Get Flak From Child Advocates. The folks behind the ResponsibleOhio legalization initiative have introduced their mascot, "Buddie," a cape-wearing superhero with a green marijuana bud for a head and a "B" logo over a picture of a pot leaf. Some child advocates grumbled that the mascot would lead kids to believe that pot is OK. ResponsibleOhio said Buddie will only visit college campuses filled with voting age college students.
Ohio Legalizers Go to State Supreme Court Over Ballot Language. ResponsibleOhio asked the Supreme Court today to reject the state Ballot Board's wording of its initiative. In a 40-page complaint, the group claimed the board used prejudicial language, deliberate omissions, and outright falsehoods by Secretary of State Jon Husted (R) and his staff, and that the resulting language is "fatal to the validity of the ballot."
Maine Governor to Call Out National Guard to Fight Drugs. Tea Party Republican Gov. Paul LePage said Wednesday the state would ramp up police efforts to fight drugs in the state, including deploying the National Guard to support the struggle against drug trafficking. He also renewed his pleas for more funding for more cops and prosecutors, a stance that leaves him at odds with the state legislature. LePage's remarks come a day after drug czar Michael Botticelli told a Maine roundtable the state needs more drug treatment facilities.
Dark Web's Largest Drug Marketplace Closing Its Doors—For Now. Agora, the reigning champion among Dark Web drug sellers, is shutting down at least temporarily to heighten its defenses against intruders who may be seeking to identify and bust the site's operators and servers. The site's anonymous administrators said they had detected "suspicious activity" they thought was aimed at breaking the anonymity software Tor browser, which could reveal not only administrators, but customers. "At this point, while we don’t have a solution ready it would be unsafe to keep our users using the service, since they would be in jeopardy," Agora said. "Thus, and to our great sadness we have to take the market offline for a while, until we can develop a better solution. This is the best course of action for everyone involved."
Faced with a public health crisis related to heroin and prescription opioid use, the Illinois state government created a bipartisan Heroin Task Force in a comprehensive effort to address the problem from all angles. The task force created a set of policy recommendations that were embodied in House Bill 1, the Heroin Crisis Act.
[image:1 align:left caption:true]The bill passed the House and Senate in May, and was sent to Gov. Bruce Rauner (R) in June, where it sat on his desk until this week. On Monday, Rauner finally acted -- not by signing the bill, but by vetoing critical sections of it that he says the state cannot afford. He has now sent the bill back to the legislature and asked it to remove the offending sections.
But saying, "People are dying," the measure's House sponsor, Rep. Lou Lang (D-Skokie), has vowed an effort to override the veto. An override could be within reach -- the bill passed by veto-proof majorities in both houses -- but for members of a governor's own party, a veto override is a hard vote to take.
Here's what the bill does:
- It increases the availability of opiate overdose reversal drugs and requires private insurance to cover at least one of them, as well as acute treatment and stabilization services. It allows licensed pharmacists to dispense overdose reversal drugs, allows school nurses to administer them to students suffering from overdoses, and provides protection from civil liability for people who administer them in good faith.
- It requires the Department of Human Services and the State Board of Education to develop a three-year pilot heroin prevention program for all schools in the state, requires the Department of Human Services to develop materials to educate prescription opiate users on the dangers of those drugs, and it requires the Department of Insurance to convene working groups on drug treatment and mental illness and on parity between state and federal mental health laws.
- It intensifies the state's prescription monitoring program by tightening reporting requirements and it requires doctors to now document the medical necessity of any three sequential 30-day prescriptions for Schedule II opioids.
- On the criminal justice front, it permits multiple chances at drug court and prevents prosecutors from unilaterally blocking entry to drug court, and it requires prosecutors and public defenders to undergo mandatory education on addiction and addiction treatment. It also increases criminal penalties for "doctor shopping" if fraud is involved.
- It requires Medicaid coverage of all heroin treatment, including methadone and other opiate maintenance treatment, as well as all anti-overdose medications.
[image:2 align:right caption:true]It's the latter provision to which Rauner objects.
"I support all of the above measures and applaud the multifaceted approach to combating this epidemic in Illinois. Unfortunately, the bill also includes provisions that will impose a very costly mandate on the State's Medicaid providers. I am returning the bill with a recommendation to address that concern," he said in a veto statement.
"House Bill 1 mandates that fee-for-service and medical assistance Medicaid programs cover all forms of medication assisted treatment of alcohol or opioid dependence, and it removes utilization controls and prior authorization requirements," Rauner continued. "These changes would limit our ability to contain rising costs at a time when the State is facing unprecedented fiscal difficulties. Importantly, the State's Medicaid programs already cover multiple forms of medication necessary to treat alcohol and opioid dependence. But without adequate funding to support mandated coverage for all forms of treatment, regardless of cost, this change would add to the State's deficit."
His recommendation is simply to delete the language requiring Medicare coverage.
Rep. Lang and other bill supporters aren't going for that.
[image:3 align:left]"There's a human cost to not doing it," Lang said. "People are addicted, people are sick, people are dying. You want to talk about the costs of providing methadone and Narcan to addicts, but you forget totally that if you cure them or they get off the stuff, there's a savings to the Medicaid system on a different line item, because they're no longer in emergency rooms, they're no longer a burden to law enforcement."
Heroin and opiate addiction is a serious problem in Illinois. The rate of drug overdose deaths has nearly doubled since 1999, and in the Chicago suburbs, people have been dying of drug overdoses at a rate of three per day since 2012. In the state as a whole, 633 people died of heroin overdoses last year, with nearly half (283) in Chicago.
At the same time as the problem with heroin and prescription opioids has been deepening, the state's ability to provide treatment has been decreasing. According to a report this month from the Illinois Consortium on Drug Policy, the state's ranking for drug treatment capacity has fallen from 28th in the nation in 2009 to 47th this year. This as demand for heroin and opiate treatment statewide is increasing dramatically. In Chicago and the surrounding suburbs, 35% of drug treatment admissions are for heroin, more than twice the national average.
The consortium's director and the study's lead author, Kathleen Kane-Willis, noted that Illinois is one of only a few states nationwide that doesn't allow Medicaid coverage of opiate maintenance treatment.
"We're going to pay for not paying," she said.
But bill supporters could also find the votes to override the veto. Rep. Lang says that is what's he going to try to do, and with a 114-0 vote in the House and a 46-6 vote in the Senate the first time around, he has plenty of supporters to ask. If that happens, Illinois will get the drug treatment it needs, and Rauner will still be able to maintain his fiscally conservative credentials.
Another South Florida community moves toward marijuana decrim, GOP primary state voters want the feds to stay out of state marijuana policies, DC's top prosecutor hints at drug decrim, Illinois's governor vetoes Medicaid heroin treatment funding, and more.
[image:1 align:right caption:true]Marijuana Policy
Poll: GOP Voters in Early Primary States Want Feds to Butt Out on Marijuana. Roughly two-thirds of Republican voters in Iowa and New Hampshire says states should be able to design their own marijuana laws without federal interference. The figure was 64% in Iowa and 67% in New Hampshire. The poll was conducted by Public Policy Polling and was commissioned by Marijuana Majority. "We put these polls into the field because we want presidential candidates to understand that the voters in these key states -- who they need support from to win -- overwhelmingly want the next occupant of the Oval Office to scale back federal marijuana prohibition," said Tom Angell, chairman of Marijuana Majority.
Key West Latest South Florida City to Move Toward Decriminalization. Officials in Key West have given preliminary approval to municipal marijuana decriminalization; a final vote will come next month. The change comes on the heels of similar moves this summer in Miami-Dade County, Miami Beach, and Hallandale Beach. Lawmakers in Palm Beach County are now considering a similar proposal, as are lawmakers up the Gulf Coast in St. Petersburg.
Michigan Group Drops Legalization Initiative Plans; Will Instead Focus on Medical Marijuana Reforms. The Michigan Responsibility Council, which had been considering running a third legalization initiative campaign in the state, has decided to instead focus on an initiative aimed at improving the state's medical marijuana law. Two other groups are continuing with legalization efforts.
Reno's First Dispensary Opens Wednesday. Sierra Wellness Connections opens near downtown Reno tomorrow. It is the first one in the city and the third one in the state. One in nearby Sparks opened earlier this month, and one in Las Vegas opened Monday.
DC's Attorney General Hints He Could Support Drug Decriminalization. DC Attorney General Karl Racine responded to a caller who argued that drug prohibition created the recent wave of new psychoactive substance use during a C-Span interview last Friday by largely agreeing with him. "Law enforcement and over-criminalization of drug laws can cause more harm to society than benefit… With respect to the legalization of other substances, including marijuana, I think the caller makes an excellent point… I think that the 21st Century policing is such that smart prosecution means less of an emphasis on criminalizing conduct, more of an emphasis on mental health and substance abuse. With respect to marijuana, you know, my position is very clear. I think it should be legal and I think that the District of Columbia, like the State of Colorado should be able to regulate it."
Heroin and Opiates
Illinois Governor Cuts Drug Treatment Funding From Heroin Bill. Gov. Bruce Rauner (R) has partially vetoed a bill aimed at fighting heroin addiction and overdoses, cutting out a section that requires Medicaid coverage of all heroin treatment programs, as well as anti-overdose and heroin-treatment medications (methadone). Rauner said that he supports the efforts, but the state can't afford to pay for them. Bill supporters say the move is short-sighted, pennywise but pound-foolish, and that there is a real human cost to it. They also said they would fight to see the funding restored. The bill is House Bill 1.
Russian Censor Lifts Ban On Wikipedia for Marijuana Page. Russia's Internet censor, Roskomnadzor, said Tuesday it had lifted a ban on Russian-language Wikipedia after Wikipedia complied with a court order and edited an entry dealing with charas, a substance made from marijuana resins. Under Russian law, if a web site is banned via court order, as was the case here, the entire website is banned even if the offending material is only on one page. Russian Wikipedia was shut down for about 24 hours.
Chronicle AM: White House Focuses on Heroin, Peru Coca Tensions Rise, CO Pot Sales Hit Record, More (8/17/2015)
It's big bucks for the Colorado marijuana industry (and the state's tax revenues), there's more initiative news, the White House takes on heroin, Peruvian coca farmers are feeling the pinch of eradication, and more.
[image:1 align:left caption:true]Marijuana Policy
Colorado Sold a Record $50 Million Worth of Recreational Marijuana in June. Recreational pot sales totaled $50.1 million in June, a record high, and up 7.6% over the previous month, according to the Colorado Department of Revenue. Medical marijuana sales also hit a record, with $35.2 million taken in. The state took in $10.9 million in combined marijuana taxes in June, putting the year's total tax haul to date at nearly $42 million. For all of last year, the total was $44 million.
Idaho Initiative Would Decriminalize, Allow Medical Marijuana and Hemp. Activists with New Approach Idaho have crafted a three-pronged initiative that would decriminalize up to three ounces, allow for medical marijuana, and allow for hemp. The group needs more than 47,000 valid voter signatures to qualify for the November 2016 ballot.
Illinois Governor Wants Changes in Marijuana Bills. Gov. Bruce Rauner (R) last Friday used his veto authority to alter two marijuana bills on his desk. A decriminalization bill would make possession of up to 15 grams punishable by a fine of between $55 and $125; Rauner wants to decrease the amount to 10 grams and increase the fines to between $100 and $200. A medical marijuana bill would extend the state's medical marijuana program; Rauner wants an extension of only four months. The bills now go back to the legislature.
With ResponsibleOhio on the Ballot, Organized Opposition Emerges. A coalition of business groups are organizing to defeat the ResponsibleOhio legalization initiative. The Greater Cleveland Partnership is one member, so are the Ohio Manufacturers Association and the Ohio Farm Bureau. The Cuyahoga County drug and alcohol abuse board is also opposing, as are all Republican state higher officeholders.
Wyoming Moves to Criminalize Marijuana Edibles. After rulings by state court judges that state felony marijuana laws only criminalize its possession in plant form, the legislature's Joint Justice Committee is pondering how to deal with edibles. One proposal is to make possession of more than three ounces of an edible a felony. The committee will hold further discussions on the issue in November.
New Version of Michigan Dispensary Bill Could Throttle Medical Marijuana. The House Judiciary Committee will be presented with new versions of the Provisioning Centers Act and the Smoking Alternative Bills that failed to get through the legislature in the 2013-14 session. But advocates say the new versions are less patient-friendly than business-friendly. Click on the link to get the lowdown on the legislature's medical marijuana shenanigans.
Nebraska Medical Marijuana Initiative Could Be Coming. Families who don't trust the legislature to act are preparing to push for action through the initiative process. Nebraska Families 4 Medical Cannabis says it won't make a final decision until next month, but is exploring its options. Another, NORML-affiliated state group is already working on a medical marijuana initiative signature-gathering campaign, but said it could merge efforts.
White House Focuses On Heroin. The White House announced today an initiative aimed at reducing heroin use by pairing public health and law enforcement in an effort to shift the focus from punishing addicts to treating them. The plan will pair drug intelligence officers with public health officials to increase epidemiological knowledge about heroin use. The plan is being criticized by some reform advocates. Look for a Chronicle feature story later this week about the initiative and the critique.
Peruvian Coca Farmers Take Financial Beating from Eradication, Start to Fight Back. Peru has eradicated more than 210 square miles of coca crops this year, winning kudos from the US, but impoverishing thousands of coca farmers and their families who have lost their livelihoods. Government eradicators are manually destroying the crops in the field. "This is what we live off," said one farmer, surveying what's left of her family plot after eradication. The Peruvian government says some 42,000 families received financial help or support with alternative crops last year, but another 53,000 affected families did not. Grower anger is rising, with a July protest by 5,000 people in Ciudad Constitution ending with one farmer killed by police and 23 wounded. It was the first violent cocalero protest since 2012.
South Australia Bans Synthetic Cannabinoids. State Attorney-General John Rau has added two new psychoactive substances, a pair of synthetic cannabinoids, sold as Full Moon and Sinsence, to the state's list of banned substances. The move comes after reports of deaths and other adverse effects.
Legal marijuana states still have issues, an Ohio group says it has qualified a legalization initiative for the November ballot, a video game league institutes drug testing, Hillary Clinton talks drugs on the campaign trail, and more.
[image:1 align:left caption:true]Marijuana Policy
Under Proposed Rules, Colorado Edibles Would Be Marked With Stop Sign. A working group tasked with finalizing labeling requirements for marijuana edibles is calling for such products to be marked with the letters "THC" inside a stop sign -- not only on the package, but on the product itself. Some people in the industry think that could be problematic. The working group has until the end of the month to finalize the rules. Click on the link for more details.
Ohio Legalization Initiative Campaign Says It Has Qualified for Ballot. Ohio officials haven't confirmed it yet, but ResponsibleOhio, the group behind this year's controversial legalization initiative, says it has handed in enough valid signatures to qualify for the November ballot. The group needed 305,000 valid voter signatures to qualify. It handed in nearly 700,000 last month, but came up some 30,000 short. Under state law, it had another 10 days to make up the shortfall, and it handed in 95,000 raw signatures last week. The group has been tracking the counting in each county in the state and now says: "It is with the greatest sense of humility that we let each of you know that we have crossed the signature threshold based on what the boards have reported so far!"
No Adult Pot Lounge at Hempfest This Year -- It Would Be a Felony. Last year, in keeping with the spirit of marijuana legalization, Seattle's Hempfest set up "adult lounges" where the over-21 set could toke up. Not this year. That's because the omnibus legislation to regulate legal marijuana that went into effect last month makes providing a place for public pot use a Class-C felony.
New Jersey Girl Can't Be Give Her Edibles at School, Judge Rules. An administrative law judge has ruled that allowing a junior high student to be provided medical marijuana edibles at school would violate the Drug Free School Zone Act. The girls' parents had sued for the right and are vowing to appeal, but they said they also plan to test a portion of the ruling that said that, as her caregivers, they have the right to possess medical marijuana even on school grounds. "We are going to try to go to school to give Genny her medicine," Roger Barbour said. "If they say no, Lora will come bearing the judge's decision and will insist on it."
Wyoming Legislative Panel Ponders Reforms Today. The legislature's Joint Judiciary Committee is meeting today to consider tightening the state's asset forfeiture laws. One proposed bill would limit asset forfeiture by first requiring a felony conviction; another would raise the legal standard from "probable cause" to "clear and convincing evidence" that a crime had been committed. Earlier this year, Gov. Matt Mead (R) vetoed a bill that would have eliminated civil forfeiture by first requiring a conviction.
At New Hampshire Forum, Hillary Clinton Pledges to Elevate Issue of Drug Abuse. After hearing from a variety of stakeholders, the Democratic presidential contender said drug abuse has emerged as a consistent issue as she travels the country. "I have to confess -- I was surprised," she said. "I did not expect that I would hear about drug abuse and substance abuse and other such challenges everywhere I went." She said advisers are speaking with medical professionals as the campaign develops policy proposal later this year, and that substance abuse should be treated as a health issue.
Video Game League Announces Drug Testing Specifics. The Electronic Sports League (ESL), the premier professional video gaming organization, has announced that it will subject players to the possibility of saliva tests to detect the presence of banned substances, including opioid pain relievers, stimulants, and marijuana. ESL says marijuana use will only be banned during tournaments. Drug testing for the league has come about after a scandal this spring over the use of the stimulant Adderall by some gamers.
Canada's Harper Campaigns on Hard Line on Drugs. Facing an October election, Prime Minister Stephen Harper continues to reject marijuana legalization, saying that most Canadians agree with him even though a government opinion poll released a year ago had more than two-thirds supporting either legalization or decriminalization. Where marijuana is easily available and legal, "more people get addicted," he warned. "We just think that's the wrong direction for society and I don't think that's the way most Canadians want to deal with this particular problem." He also reiterated Tory opposition to safe injection sites.
(This article was prepared by StoptheDrugWar.org's lobbying arm, Drug Reform Coordination Network, which also pays 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.)