Tuesday, 31 July 2018

Chronicle AM: PA Pot Bill Coming, Philippines Police Vow "Surgical, Chilling" Drug War, More... (7/31/18)

Watch: Jeff Sessions Acknowledges States Have the Right to Set Their Own Marijuana Policies

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Even as he defended federal marijuana prohibition, US Attorney General Jeff Sessions last Thursday conceded that states have the right to pass their own marijuana laws.

[image:1 align:right caption:true]Sessions, an avowed foe of marijuana legalization, has moved to rescind Obama-era guidance to prosecutors that gave some protection to state-legal marijuana operations, but the reality on the ground is that even when given a green light by the Justice Department to go after state-legal marijuana, federal prosecutors in those states are largely leaving it alone.

Sessions has also been left isolated by President Trump, who has signaled support for legislation that would end federal marijuana prohibition.

Last Thursday, Sessions was in Massachusetts, where voters in 2016 approved marijuana legalization and where sales in pot shops are expected to begin sometime this year. A reporter asked Sessions about his stance on legalization.

"We'll enforce the federal law; the federal law remains the law of the land," he replied. "Personally, my view is that the American republic will not be better if there are marijuana sales on every street corner, but states have a right to set their own laws and will do so, and we will follow the federal law," he said.

After the press conference, a Department of Justice spokesperson told MassLive.com the comments did not represent a shift for Sessions. This is true: Sessions remains committed to federal marijuana prohibition, but he can't seem to get his US attorneys in states where marijuana is legal to do anything about it. And now, he's at least admitting that states have the right to craft their own pot laws.

Here's the video

 

This article was produced by Drug Reporter, a project of the Independent Media Institute.


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Monday, 30 July 2018

Chronicle AM: Feds Cracking Down on Fentanyl OD Deaths, OK Revises MedMJ Rules, More... (7/30/18)

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A bill to protect marijuana-using federal workers in states where it is legal is filed, federal prosecutors are going hard after dealers linked to fatal fentanyl overdoses, the Republic of Georgia ends administrative punishments for marijuana use, and more.

[image:1 align:right caption:true]Marijuana Policy

New Federal Bill Would Block Federal Government from Firing Workers for Positive Pot Test Results in States Where It Is Legal. US Reps. Charlie Crist (D-FL) and Drew Ferguson (R-GA) filed the "Fairness in Drug Testing Under State Law Act" last Thursday. The bill would protect federal workers from being fired for testing positive for marijuana if they reside "in a state where that individual's private use of marijuana is not prohibited." The bill is not yet available on the congressional website. 

Oklahoma Legalization Initiative Campaign in Final Days of Signature-Gathering. Green the Vote announced Sunday that it now has more than 132,000 raw signatures aimed at earning a place on the ballot for its legalization initiative, State Question 797. The group needs about 124,000 valid voter signatures and has until August 8 to hand in more signatures. The rule of thumb is that 20% to 30% of raw signatures may be found invalid, meaning Green the Vote can't really rest easy until it has around 180,000 raw signatures. Even if the group comes up with enough valid signatures, it would still face timeline to being approved for the November ballot because it is bumping up against deadlines for getting the measure approved by the governor and the state supreme court.

Medical Marijuana

Oklahoma Health Officials Revise Proposed Medical Marijuana Rules. The Department of Health last Friday released new proposed medical marijuana rules that remove some of the most criticized provisions of its first swing at the issue. The rules no longer ban the sale of smokeable marijuana or require female patients to get a pregnancy test (!). The department also ditched a rule that limited the amount of THC in marijuana products.

Asset Forfeiture

Coalition of Public Policy Groups Calls on House to Limit Civil Asset Forfeiture. A broad coalition of public policy organizations last Thursday submitted a letter to the US House of Representatives, urging members of Congress to limit civil asset forfeiture through amendments to the Commerce, Justice, Science, and Related Industries (CJS) appropriations bill. "Current law allows law enforcement to confiscate property from innocent Americans without charging anyone with a crime," the letter says. "When citizens object, they encounter a system that is stacked against them procedurally and that treats them as presumptively guilty.  This unpopular practice, known as civil forfeiture, is an affront to property rights and civil liberties and must be banned or reformed as soon as possible, but the immediate priority should be to amend the CJS appropriations bill when it is considered in the House of Representatives in order to roll back the Department of Justice's unjustified expansion of this practice. Click on the link to a see a list of the signatory groups.

Heroin and Prescription Opioids

The Feds Are Prosecuting Fentanyl Overdose Deaths as Homicides in Crackdown on Opioid Dealers. Federal prosecutors are increasingly treating fentanyl overdose deaths as homicides as they crack down by punishing opioid dealers with ever more severe prison sentences. They are using charges that carry lengthy mandatory minimum sentences. In one case, a dealer charged with distributing fentanyl that resulted in the overdose of a New Hampshire man got a 20-year mandatory minimum sentence. Federal fentanyl prosecutions have nearly tripled, with 51 cases in FY 2016 to 181 in FY 2017. Last year, 95 people nationwide received federal prison sentences for distributing drugs resulting in death or serious injury, nearly double the number in 2014, according to the US Sentencing Commission.

International

Georgia Constitutional Court Outlaws All Punishment for Marijuana Consumption. The Constitutional Court ruled Monday that people can no longer be hit with administrative punishments, such as fines, for using marijuana. The decision goes into effect immediately and comes eight months after the same court abolished criminal penalties for marijuana use. Using marijuana is "an action protected by the right to a person's free development," the court held. Cultivation and distribution of marijuana remain criminal offenses. 

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Thursday, 26 July 2018

New Jersey Suspends All Pot Prosecutions—At Least Until Fall

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State Attorney General Gurbir Grewal has shaken up New Jersey's marijuana politics with an announcement Tuesday that he has ordered county and municipal prosecutors to defer all marijuana-related cases until early September. The move was an unexpected response to a squabble over whether a city in the state could decriminalize pot possession on its own.

[image:1 align:left]Last week, Jersey City Mayor Steven Fulop moved to unilaterally decriminalize small-time pot possession in his city. State Attorney General Gurbir Grewal told him he couldn't do that.

In a letter last Friday, Grewal declared that his office "takes no position" on marijuana legalization or decriminalization, by warned Fulop he was exceeding his authority. "I write to advise that, as a municipal prosecutor, you do not have the legal authority to decriminalize marijuana or otherwise refuse to criminally prosecute all marijuana-related offenses in the municipal courts of Jersey City," Grewal wrote. "Accordingly, I am instructing you that your memorandum is void and has no effect."

But by Monday, Grewal was singing a different tune—one that will affect thousands of people currently facing marijuana charges in the state. According to Politico, Grewal met with Jersey City officials that day and then agreed to create a working group to set a statewide policy for prosecutors by the end of August. Both the Jersey City prosecutor and the Hudson County (home of Jersey City) prosecutor will be part of the group.

"In the interim, I ask that all municipal prosecutors in New Jersey seek an adjournment until September 4, 2018, or later, of any matter involving a marijuana-related offense pending in municipal court," Grewal wrote in a letter to prosecutors. "This adjournment will give my office sufficient time to develop appropriate guidance for prosecutors."

The move comes as the legislature, with the encouragement of Gov. Phil Murphy (D), ponders a pair of legalization bills, S 2702 and S 2703, filed by Senate President Steve Sweeney (D-Gloucester) and Senate Judiciary Committee Chairman Nicholas Scutari (D-Cumberland). On Monday, Sweeney announced he would combine the bills, tying legalization to an expansion of the state's medical marijuana program.

Murphy had vowed to legalize marijuana within 100 days of his January inauguration, but that hasn't happened yet. That's due in part to opposition from the likes of state Sen. Ronald Rice (D-Essex), head of the Legislative Black Caucus, who favors decriminalization over legalization, and who just last week was warning that legalization could lead to "sex toys and oils with marijuana," among other horrible consequences.

On Tuesday, Gov. Murphy reiterated that decriminalization wasn't enough. "On the surface, [decriminalization] is intoxicating," Murphy told reporters at a joint appearance with Sweeney. "You think it’s a step in the right direction but it actually leaves the business in the hands of the bad guys. Your kids are exposed, it’s not regulated, it's not taxed. So I’ll leave the specifics of that to the attorney general, but that’s a conceptual answer."

Legalization is "the bigger lift," Murphy said. "The Senate president is leading that. I’m all in. I think the Assembly speaker ... is all in."

Whether the governor and the legislative leadership can get it done this year remains to be seen. And so does whether the era of prosecuting people for pot in New Jersey is over once and for all, and not just for the next couple of months.

This article was produced by Drug Reporter, a project of the Independent Media Institute.


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There’s a Surprising Obstacle to Ending Marijuana Prohibition in New Jersey

Wednesday, 25 July 2018

Why Does the New York State Department of Health Want to Legalize Weed?

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Acknowledging that his previous opposition to marijuana legalization was being undercut by popular opinion and the spread of legalization in nearby states such as Maine, Massachusetts, and Vermont, New York Gov. Andrew Cuomo (D) in January called for an assessment of the possible impact of legalizing the herb in the state. The state Health Department was charged with the task.

[image:1 align:right]It reviewed the possible health, public health, public safety, criminal justice, economic, and educational impacts of shifting from pot prohibition to a system allowing for the legal, regulated production, distribution, and use of marijuana. To do so, the department examined the experience of legalization in other states as well as conducted an extensive analysis of peer-reviewed literature on the subject. It also consulted with other state agencies and experts in the fields of public health, mental health, substance use disorders, public safety, transportation, and economics to help come up with a comprehensive review.

Last week, the Health Department released its report. Here is its bottom line:

“The positive effects of a regulated marijuana market in NYS outweigh the potential negative impacts. Areas that may be a cause for concern can be mitigated with regulation and proper use of public education that is tailored to address key populations. Incorporating proper metrics and indicators will ensure rigorous and ongoing evaluation.”

In other words: Just legalize it.

So, how did the Health Department support this conclusion? The report's executive summary lays out its findings in the realms of health, the criminal justice system, economic impact, and the impact of legalization in nearby states. (Click on the summary for a full explanation of the logic behind the bullet points below.)

Health

  • Regulating marijuana reduces risk and improves quality control and consumer protection.

  • Marijuana may reduce opioid deaths and opioid prescribing.

  • Marijuana has intrinsic health benefits and risks.

  • Marijuana can have effects on mental health.

  • Regulation leads to little or no increase in adult use, and there is little evidence that regulation leads to an increase in use by youth.

  • Regulating marijuana may lead to a reduction in the use of synthetic cannabinoids/novel psychoactive substances.

Criminal Justice

  • Marijuana prohibition results in disproportionate criminalization of racial and ethnic minority groups.

  • Incarceration has a negative impact on families and communities.

  • Research is varied on the impact of regulated marijuana on motor vehicle traffic crashes.

Economics

  • Regulating marijuana will create jobs.

  • Market size and potential State revenues. The department estimated annual state marijuana sales revenues at between $1.7 billion and $3.5 billion, with estimated state and local tax revenues at somewhere between $248 million and $677 million, depending on sales and tax rates.

  • Marijuana regulation could generate long-term cost savings.

Impact of Legalization in Surrounding Jurisdictions

  • Consumers are likely to cross borders to obtain marijuana, committing a federal felony in the process.

  • Legalization of marijuana causes a sharp increase in marijuana possession arrests in border counties of neighboring states.

  • Legalization in neighboring jurisdictions raises the likelihood of revenue flowing from New York into those jurisdictions.

In its conclusion, the report called for harm reduction principles to be an integral part of legalization and pointed out that legalization would allow regulation (which prohibition prevents) for "quality control and consumer protection." It also emphasized that tax revenues could "support community reinvestment" and that legalization would "reduce disproportionate criminalization and incarceration of racial and ethnic minority communities."

That last point is a fundamental justice issue. As the report notes, in the past 20 years, more than 800,000 people have been arrested just for pot possession in the state, the vast majority of them young people of color.

The Drug Policy Alliance (DPA), which has been advocating for marijuana legalization in the state (and elsewhere) for years, pronounced itself pleased with the report's conclusions and urged Albany to get moving. A legalization bill, the Marihuana Regulation and Taxation Act (S.3040), is currently under consideration by the legislature and should be acted on, the group said.

"We are pleased that the governor and the State Department of Health have fully studied the existing evidence and accurately concluded that legalizing marijuana for adult use is the right choice for New York. Marijuana prohibition has devastated our communities, saddled hundreds of thousands with criminal records, acted as an easily accessible tool for racially biased policing, and stunted the opportunities for entire generations of mostly New Yorkers of color," said DPA policy coordinator Chris Alexander.

"Now that the report has been released and its conclusions presented, we are hopeful that the Governor and the Legislature can fully shift to examining the 'how' and move on from the 'if.' Any movement to legalize marijuana must also include broad record clearing provisions, must create a diverse and inclusive industry, and guarantee significant community reinvestment to repair the harm that has been done. We look forward to engaging with the governor’s office and the legislature on the ways to best move New York forward."

Will Albany act to make New York the next state to free the weed? It wouldn't take an act of political courage: Some 62 percent of New Yorkers support making marijuana use legal for adults over 21, and more than 60 percent support taxing and regulating marijuana as a way to address the state’s looming budget deficit.

This article was produced by Drug Reporter, a project of the Independent Media Institute.


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Medical Marijuana Update

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Michigan's Court of Appeals issues a strange ruling and the fight over what Oklahoma's medical marijuana program will look like continues.

[image:1 align:left]Michigan

Michigan Appeals Court Rules Freshly Harvested Marijuana is Illegal Under State Medical Marijuana Law. In a bizarre ruling, the state Court of Appeals held Tuesday that marijuana harvested but not yet fully dried is not "usable" and thus not covered by the state's medical marijuana law. That means a person can be arrested for having it even if he or she is a licensed grower.

Oklahoma

Oklahoma Health Board to Reconsider Restrictive Rules on Medical Marijuana. The state Board of Health said last Wednesday it will meet "as soon as possible" to reconsider restrictive rules it imposed on the state's new voter-approved medical marijuana law. The move comes after a storm of opposition arose in response to its rules requiring pharmacists to be present at dispensaries and banning the sale of smokeable marijuana at dispensaries. "The Board of Health will call a special meeting to consider these changes as soon as possible," board president Jim Starkey said in a news release. "The Oklahoma State Health Department staff has done an incredible job to prepare for implementation of this program and we want to make sure they have clear direction to meet the deadlines outlined in the state question and administer this new program."

Oklahoma Legislature Forms Bipartisan Group to Work on Medical Marijuana Implementation. Senate Pro Tempore-designate Greg Treat and House Speaker Charles McCall announced last Thursday they would form the committee after the State Board of Health added two controversial amendments to the rules regulating marijuana."Oklahoma voters made their choice, and the Senate will work to ensure State Question 788 is implemented efficiently, effectively and safely in accordance with the voters' choice." Treat said.

Oklahoma Medical Marijuana Advocates Rally Against Emergency Rules. Medical marijuana supporters rallied Saturday at the state capitol amid frustration over emergency rules promulgated by the state Board of Health and said they would be back again Tuesday. The board on July 10 approved emergency rules that would, among other things, ban the sale of smokable marijuana products and require a pharmacist to be on site at dispensaries. Last week, Attorney General Mike Hunter (R) said the board overstepped its authority, and the board now says it will meet again soon to reevaluate the proposed rules.

Oklahoma Lawmakers to Begin Working on Medical Marijuana Rules Wednesday. A bipartisan group of 13 legislators is set to begin working on recommendations for medical marijuana regulations on Wednesday. The group was formed after the state Health Board created an uproar by adding two controversial rules, one barring the sale of smokeable medical marijuana and the other requiring the presence of a pharmacist at dispensaries

Oklahoma Marijuana Trade Group Releases Proposed Regulatory Framework for New Medical Marijuana Law. With parts of the state's new medical marijuana law set to take effect this weekend, an industry group has released its own proposed regulatory framework for implementing the new law. New Health Solutions Oklahoma says its intent is to provide a resource for a legislative panel reviewing restrictive recommendations made by the state Board of Health. That panel was set to meet Wednesday.

 [For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]


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Chronicle AM: NJ AG Suspends Pot Prosecutions, Denver Magic Mushroom Init Stalled, More... (7/25/18)

Monday, 23 July 2018

Chronicle AM: No Marijuana "Gifting" for Vermont Businesses, Duterte Vows More Drug War, More... (7/23/18)

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Attorneys General in New Jersey and Vermont lay down the law on pot, Oklahomans rally against restrictive medical marijuana rules, Filipino President Duterte vows more drug war, and more.

[image:1 align:left caption:true]Marijuana Policy

New Jersey Attorney General Says Jersey City Can't Decriminalize. State Attorney General Gurbir Grewal said last Friday that Jersey City doesn't have the power to decriminalize marijuana. The move came a day after the city decriminalized possession by decree. Grewal wrote that his office "takes no position" on marijuana legalization or decriminalization, "rather, I write to advise that, as a municipal prosecutor, you do not have the legal authority to decriminalize marijuana or otherwise refuse to criminally prosecute all marijuana-related offenses in the municipal courts of Jersey City," Grewal writes. "Accordingly, I am instructing you that your memorandum is void and has no effect."

Vermont Attorney General Rules That Businesses Can't "Give" Marijuana in Connection with Other Purchases. State Attorney General T.J. Donovan provided guidance Monday to clarify that trying to get around the state's no marijuana sales legalization law by providing pot as a "gift" when purchasing some other item remains illegal. The move came after some Burlington businesses began a delivery service that "gifted" marijuana with the purchase of a courier service. They had argued that they were operating under a loophole in the law, but Donovan disagreed.

Medical Marijuana

Oklahoma Medical Marijuana Advocates Rally Against Emergency Rules. Medical marijuana supporters rallied Saturday at the state capitol amid frustration over emergency rules promulgated by the state Board of Health and said they would be back again Tuesday. The board on July 10 approved emergency rules that would, among other things, ban the sale of smokable marijuana products and require a pharmacist to be on site at dispensaries. Last week, Attorney General Mike Hunter (R) said the board overstepped its authority, and the board now says it will meet again soon to reevaluate the proposed rules.

International

British Poll Finds First Majority for Marijuana Legalization. For the first time, a public opinion in the United Kingdom shows a majority in favor of marijuana legalization. A new BMG Research poll had 22% strongly supporting legalization and another 29% somewhat supporting legalization, bringing total support to 51%. Some 35% were opposed, and 14% had no opinion. A second question regarding decriminalization yielded a similar 52% approval.

Mexican Opium Growers Ask AMLO to Legalize Cultivation. A group of community leaders from the poppy-producing region of Guerrero state has appealed to president-elect Andres Manuel Lopez Obrador (AMLO) to legalize the cultivation of opium poppies for use in the manufacture of legal pharmaceutical drugs. "As a priority, we are seeking the legalization of the cultivation of poppies for medicinal purposes so that farmers in the Sierra are no longer criminalized," Arturo López Torres, a member of a local union that advocates for economic and social development, told the newspaper El Universal. The growers also want AMLO to clarify whether poppy farmers who have been jailed for growing the crop would qualify under the government's proposed amnesty law.

Philippines' Duterte Vows to Continue "Relentless and Chilling" Drug War. Philippine President Rodrigo Duterte on Monday vowed to continue his bloody war on drugs, telling a joint session of Congress the fight would be as "relentless and chilling" as it has been during his first two years in power, which have seen thousands of people killed. He also took a swipe at critics, saying "your concern is human rights, mine is human lives." But not, apparently, the lives of accused drug users or sellers.


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Friday, 20 July 2018

Chronicle AM: OK Health Board Retreats on MedMJ, UK ACMD Supports MedMJ, More... (7/20/18)

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The battle over Oklahoma's new medical marijuana law continues, the British Advisory Committee on the Misuse of Drugs calls for medical marijuana legalization, the Pennsylvania auditor calls for marijuana legalization, and more.

[image:1 align:right caption:true]Marijuana Policy

Pennsylvania Auditor, Pittsburgh Mayor Call for Legalization. Auditor General Eugene DePasquale on Thursday released a report saying marijuana could be a $1.7 billion industry in the state, generating more than $500 million in tax revenues. Joining DePasquale was Pittsburgh Mayor Bill Peduto. "This issue not only has a revenue side to it, but it also has a personal side to it -- people whose lives are thrown out of balance because of the penalization of cannabis not being legal, people who are not able to have access to housing or access to jobs or access to an opportunity in life," Peduto said.

Jersey City Decriminalizes Possession. The city becomes the first in the state to decriminalize small-time pot possession. A decriminalization ordinance went into effect Thursday. Under the ordinance, the city's assistant prosecutors will have discretion in which cases to pursue.

Medical Marijuana

Oklahoma Health Board to Reconsider Restrictive Rules on Medical Marijuana. The state Board of Health said Wednesday it will meet "as soon as possible" to reconsider restrictive rules it imposed on the state's new voter-approved medical marijuana law. The move comes after a storm of opposition arose in response to its rules requiring pharmacists to be present at dispensaries and banning the sale of smokeable marijuana at dispensaries. "The Board of Health will call a special meeting to consider these changes as soon as possible," board president Jim Starkey said in a news release. "The Oklahoma State Health Department staff has done an incredible job to prepare for implementation of this program and we want to make sure they have clear direction to meet the deadlines outlined in the state question and administer this new program."

Oklahoma Legislature Forms Bipartisan Group to Work on Medical Marijuana Implementation. Senate Pro Tempore-designate Greg Treat and House Speaker Charles McCall announced Thursday they would form the committee after the State Board of Health added two controversial amendments to the rules regulating marijuana."Oklahoma voters made their choice, and the Senate will work to ensure State Question 788 is implemented efficiently, effectively and safely in accordance with the voters' choice." Treat said.

International

British Drug Advisory Committee Calls for Legal Medical Marijuana. The Advisory Committee on the Misuse of Drugs (ACMD) has called for the legalization of medical marijuana. In a "short-term advice," the group said the plant had medicinal benefits and doctors should be able to prescribe it. The ACMD also called for marijuana to be down-scheduled in the country's drug classification scheme.


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Thursday, 19 July 2018

Chronicle AM: Warren Slams Trump on Opioids, White House Says No Drug Legalization, More... (6/19/18)

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A leading Democratic senator scolds the White House on the opioid crisis, the White House rejects drug legalization, the Lebanese consider legalizing marijuana cultivation for medicine, and more.

[image:1 align:left caption:true]Marijuana Policy

Alaska Marijuana Festival Investigated for Allowing Marijuana Consumption. The Alaska Hempfest held last month allowed attendees who wanted to indulge on-site to smoke marijuana in a tent on the festival grounds, and that now has the festival in hot water with the state Alcohol and Marijuana Control Office. State law and industry regulations prohibit public consumption of marijuana. Festival organizers have been notified that an investigation is underway and that they will likely face a fine of several thousand dollars.

Heroin and Prescription Opioids

Elizabeth Warren Slams Trump on Lame Response to Opioid Crisis. Sen. Elizabeth Warren (D-MA) has ripped into President Trump over his lack of effective responses to the opioid crisis. In a letter released Thursday, Warren wrote: "Experts and observers have concluded that your efforts to address the crisis are 'pathetic' and 'ambiguous promises' that are falling far short of what is needed and not… addressing the epidemic with the urgency it demands. I agree and urge to move quickly to address these problems."

Drug Policy

White House Rejects Drug Legalization. In response to a question about Mexico's incoming president's openness to discussing drug legalization as an alternative to the bloody status quo south of the border, White House press secretary Sarah Huckabee Sanders made clear Wednesday that the Trump administration wasn't interested in anything like that. "I don't have a specific policy announcement on that front," Sanders said at the daily White House press briefing. "However, I can say that we would not support the legalization of all drugs anywhere and certainly wouldn't want to do anything that would allow more drugs to come into this country."

International

Lebanon's Parliament Will Take Up Legalizing Marijuana Cultivation for Medical Purposes. Parliament Speaker Nabih Berri said Wednesday the parliament is considering legalizing marijuana cultivation for medical purposes in a bid to boost the economy. "The Lebanese Parliament is preparing to study and adopt the legislation necessary to legislate the cultivation of cannabis and its manufacture for medical uses in the manner of many European countries and some US states," Berri's office said, reporting on comments made in a meeting with the US ambassador in Beirut.


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Bulldozed to Death for Growing Ten Marijuana Plants

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Getting caught growing a few pot plants in Pennsylvania could lead to a criminal charge and a likely sentence of probation, but for a Lehigh Valley man, it was a death sentence. This past Monday, 51-year-old Gregory A. Longenecker was found dead under a bulldozer operated by a state Game Commission worker and carrying a state trooper hunting for two men spotted near a freshly-discovered marijuana grow.

[image:1 align:right]According to the Pennsylvania State Police, the Game Commission bulldozer operator was using the machine to improve access to fields on game lands when he spotted a car well off the road in the brush and called police. Officers from nearby Bernville Borough were first on the scene and quickly found a plot containing ten growing marijuana plants.

The cops saw two men emerge from the underbrush and take off running, said Trooper David Boehm, a state police spokesman. "They were back there doing whatever they have to do to their plants," he said. "It was kind of carved out of the underbrush, which I've never seen underbrush that thick ever. It was crazy how thick it was."

The two men were Longenecker and his long-time friend David Brook Light, 54. Light was quickly taken into custody by the Bernville chief of police, but Longenecker eluded immediate capture. The state police arrived on the scene and ordered one of their helicopters to join the search. The chopper pilot spotted Longenecker in the brush but then lost him. Meanwhile, a state trooper and the bulldozer operator were roaring through the brush looking for him.

"An attempt to hail the other male was unsuccessful," Beohm said in a news release. "The helicopter lost sight of the male and was giving directions to the bulldozer of his last location. The Game Commission employee and a Trooper were on the bulldozer driving through the thick underbrush. The bulldozer stopped in the underbrush. The second male was located under the rear of the bulldozer deceased."

That's right: Confronted with a small-scale illicit marijuana grow on public land, the State Police deployed a helicopter and the on-scene bulldozer and managed to kill their target. But that's not how the cops tried to spin it.

First, Trooper Boehm denied that Longenecker died as a result of a police pursuit. "They were just trying to locate this guy with use of a helicopter," he explained.

Then he suggested that Longenecker may have died of natural causes. "The reason it's unclear if Longenecker was struck and killed by the bulldozer is that Longenecker, because of his age, could have had a heart attack while fleeing through the dense thicket," Boehm said.

But that attempted diversion was foiled on Tuesday when the preliminary autopsy report came out. That report found that Longenecker died of traumatic injuries after being run over by the bulldozer. A final ruling on the cause of death awaits toxicology tests, but it is clear that he died after being run over by the bulldozer.

The case has aroused the ire of the National Organization for the Reform of Marijuana Laws (NORML), which has denounced what it calls the excessive use of force by state law enforcement.

"This awful event could have and should have been prevented," said national NORML executive director Erik Altieri. "This tragedy is a direct result of our nation's draconic and failed criminalization of marijuana. Not only was the use of resources in this matter excessive and the tactics highly questionable, but more importantly a man lost his life over the act of growing a plant that is now legally regulated in a majority of US states. No matter your opinion on marijuana legalization, the penalty for growing cannabis should never be an extrajudicial death sentence."

"As a former prosecutor and practicing criminal defense attorney, it is inconceivable to me that a man lost his life during an investigation of a very small grow," said Pittsburgh NORML executive director Patrick Nightengale. "Had he been arrested, prosecuted and convicted, Pennsylvania's sentencing guidelines would have provided for a sentence of probation. The heavy-handed tactics employed cannot be justified by the seizure of ten plants. I do not understand why law enforcement couldn't simply wait. A vehicle was on scene and another individual was taken into custody. Rip the plants, run the plate and ask the arrestee what his friend's name is. How difficult is that?"

Medical marijuana is already legal in 31 states, including Pennsylvania, and legal marijuana for adults is already permitted in nine states and Washington, DC. A bill to legalize marijuana in the state failed to advance this year, even though 59% of state residents support freeing the weed.

"As an activist and cannabis lobbyist in Pennsylvania, I always use decorum and process to my advantage. There would seem to have been a total lack of both by law enforcement this past Monday outside of Bernville. By all accounts the death of an illicit marijuana grower being chased by a state bulldozer, under the direction of Pennsylvania State Troopers, was an unnecessary and reckless use of resources," said Jeff Riedy, executive director of Lehigh Valley NORML. "These horrible events only fuel the need for marijuana reform, including the right for personal use and home cultivation in our state, and across this country. Endless pursuit at all costs, leading to the death of a suspect, over a few marijuana plants is excessive, to say the least."

This article was produced by Drug Reporter, a project of the Independent Media Institute.


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How to Prevent Opioid Overdoses? Provide Hard-Core Addicts Free Pharmaceutical Heroin

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With Ohio beset by a massive public health crisis around opioid use and overdoses -- more than 4,000 Ohioans died of opioid overdoses in 2016 -- the Cleveland Plain Dealer sent travel editor Susan Glaser to Amsterdam in search of innovative approaches to the problem. While there, she rediscovered Holland's longstanding, radical, and highly-effective response to heroin addiction and properly asked whether it might be applied to good effect here.

[image:1 align:left]The difference in drug-related death rates between the two countries is staggering. In the US, the drug overdose death rate is 245 per million, nearly twice the rate of its nearest competitor, Sweden, which came in second with 124 per million. But in Holland, the number is a vanishingly small 11 per million. In other words, Americans are more than 20 times more likely to die of drug overdoses than Dutch.

For Plain Dealer readers, the figures that really hit home are the number of state overdose deaths compared to Holland. Ohio, with just under 12 million people, saw 4,050 drug overdose deaths in 2016; the Netherlands, with 17 million people, saw only 235.

What's the difference? The Dutch government provides free heroin to several score hardcore heroin addicts and has been doing so for the past 20 years. Public health experts there say that in addition to lowering crime rates and improving the quality of life for users, the program is one reason overdose death rates there are so low. And the model could be applied here, said Amsterdam heroin clinic operator Ellen van den Hoogen.

"It's been an enormous success. I think it would work elsewhere," she told Glaser.

It already has. The Dutch program was modeled on a similar effort in Switzerland, which has also proven successful. Germany and Canada are among the several other countries with similar programs.

The Dutch approach is an example of the country's policy of gedogen (pragmatic tolerance), the same principle that led the Dutch to pioneer quasi-legal access to marijuana in the 1980s. It is also rooted in the notion that, for some, drug addiction is a chronic disorder, not a condition to be "cured," and one that can be treated with supervised drug use under clinical supervision. And the complete cessation of drug use need not be the ultimate goal; rather, the Dutch look for reductions in criminal activity and increases in the health and well-being of the drug users.

"It's not a program that is meant to help you stop," acknowledged van den Hoogen. "It keeps you addicted."

That's not a sentiment sits well with American moralizers, such as George W. Bush's drug czar, John Walters, whom Glaser consulted for the story. He suggested that providing addicts with drugs was immoral and not "real treatment," but he also resorted to lies about what the Dutch are doing.

He claimed the Dutch are "keeping people addicted for the purpose of controlling them" and that the Dutch have created "a colony of state-supported, locked-up addicts."

Actually, the Dutch are dealing with older, hardcore addicts who have repeatedly failed to quit after repeated stints in treatment, including methadone maintenance therapy, and they are neither "controlling them" or locking them up. Instead, the people in the program show up at the clinic twice a day, get their fix, then go about their business. This heroin-assisted treatment (HAT) allows those hardcore users to live less chaotic and more productive lives.

And heroin-assisted treatment is "real treatment," said Peter Blanken, a senior researcher with the Parnassia Addiction Research Centre in Rotterdam. He pointed out that one-quarter of program participants make a "complete recovery," including better health and quitting illegal drugs and excessive drinking. Many others continue to use heroin, but do so with better outcomes, he said.

There is also a real safety benefit to using state-supplied pharmaceutical heroin. It's potent, but it's a known quantity. Users face no risk of adulteration with more dangerous drugs, such as fentanyl, which is deeply implicated in the current US overdose crisis.

In the current political atmosphere in the United States, providing heroin to hardcore addicts is a hard sell indeed. Other, lesser, harm reduction interventions, such as needle exchanges remain controversial, and the country has yet to see its first officially sanctioned safe injection site. And drug decriminalization, which has led to a dramatic reduction in heroin addiction and overdose deaths in Portugal, remains off the table here, too. But with an annual drug overdose death toll of more than 50,000 people a year, it may time to start asking how many more Americans we are willing to sacrifice on the altar of moralistic drug prohibition.


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Wednesday, 18 July 2018

This Week's Corrupt Cops Stories

Medical Marijuana Update

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A medical marijuana battle royale is raging in Oklahoma, New York will allow medical marijuana as an opioid replacement, and more.

[image:1 align:left]Hawaii

Hawaii Governor Vetoes Bill Allowing Medical Marijuana for Opioid Addiction. Gov. David Ige (D) has vetoed a bill that would have allowed medical marijuana treatment for opioid and substance abuse disorders. Senate Bill 2407 passed the legislature with large majorities in May, but Gov. Ige announced in June he planned to veto it. Now he has.

New York

New York Enacts Emergency Rules Allowing Medical Marijuana as Opioid Replacement. State regulators have moved to allow patients who would normally be prescribed opioids to use medical marijuana instead. "Medical marijuana has been shown to be an effective treatment for pain that may also reduce the chance of opioid dependence," New York State Health Commissioner Dr. Howard said. "Adding opioid replacement as a qualifying condition for medical marijuana offers providers another treatment option, which is a critical step in combatting the deadly opioid epidemic affecting people across the state."

Ohio

Ohio Medical Marijuana Patient Registry Delayed. The patient registry has been put on hold as regulators try to figure out when medical marijuana when actually be available to patients. The registry was supposed to go online last week. The state Department of Commerce has yet to set a date when it expects medical marijuana to be available. 

Oklahoma

Oklahoma Governor Signs Strict Medical Marijuana Rules. Gov. Mary Fallin (R) on Wednesday signed rules regulating medical marijuana that include banning the sale of smokable marijuana at dispensaries and requiring a pharmacist at dispensaries. "These rules are the best place to start in developing a proper regulatory framework for medical marijuana, with the highest priority given to the health and safety of Oklahomans. They are also the quickest and most cost-efficient way to get the process actually started as required by the law passed by the people. I expect modifications could occur in the future. I know some citizens are not pleased with these actions," Fallon said in a statement.

DEA Says Oklahoma Pharmacists Dispensing Marijuana Would Violate Federal Law. Although Gov. Mary Fallin (R) on Wednesday signed into law regulations requiring that a pharmacist be present at medical marijuana dispensaries, the DEA's Special Agent in Charge in Oklahoma, Rich Salter, warned that the medical marijuana program as a whole violates federal law. Any pharmacist who dispensed an illegal drug would be at risk of losing his or her license, he added.

Oklahoma Medical Marijuana Groups Vow To Take Action In Last-Minute Regulation Changes. The Oklahoma Cannabis Trade Association and the Oklahomans for Health, the group that spearheaded the successful medical marijuana initiative, held a news conference Wednesday to decry regulations imposed by the state Board of Health and signed into law by Gov. Mary Fallin (R). "Those are not reasonable," said medical marijuana advocate Nora Sapp. "We the people spoke on July 26th. We didn't ask permission. We told them what we are going to do." The two groups said they would fight the regulations.

Oklahoma Advocates File Lawsuits Over Medical Marijuana Rules. Green the Vote, the people behind the successful June medical marijuana initiative, filed two lawsuits Friday against the state over its restrictive rules and regulations. "The lawsuit filed today is our endeavor to undo the wrongful acts of the Oklahoma Department of Health in adopting amendments to the regulations implementing State Initiative 788. It is our hope that this lawsuit will quickly resolve the improper regulations and allow Oklahoma citizens to exercise their rights to manage their own health care," the group announced in a news release.

Oklahoma Pressure Mounts for Special Session on Medical Marijuana. Amid growing outrage over the Board of Health's imposition of restrictive and controversial changes to State Question 788, approved last month by voters, legislators and others are demanding Gov. Mary Fallin (R) call a special session of the legislature to ensure the will of the voters is upheld. Among other changes, the Board banned the sale of smokeable marijuana and required pharmacists to be present at dispensaries. "This is not what the voters voted for," said state Rep. Jason Lowe (D-Oklahoma City). "We must adhere to the will of the people. The governor’s signing of the emergency rules adopted by the Oklahoma State Health Department is an affront to democracy, an insult to the law-abiding citizens that showed up to vote for this initiative."

Oklahoma Attorney General Advises Health Board to Change Restrictive Rules on Medical Marijuana. The office of the state attorney general is advising the Board of Health to revisit its restrictive rules for the state's new voter-approved medical marijuana law. On Monday, Attorney General Mike Hunter said his office would review legal challenges to the rules, and on Wednesday, the office announced it was calling on the board to convene a special meeting to amend the rules it passed last week. "The current rules contain provisions that are inconsistent with the plain language of State Question 788 and the State Board of Health acted outside of its authority when it voted to implement them," Attorney General Hunter said. "Although I didn’t support State Question 788, the people of the state have spoken and I have a legal duty to honor the decision made by the electorate. My advice today is made pursuant to that responsibility as attorney general. Moving forward, I encourage all stakeholders to engage with the legislative working group looking at medical marijuana to ensure they have their concerns and recommendations heard and addressed by the legislature." 

 [For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]


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Chronicle AM: MX Minister Talks Legalizing Drugs, BC Nurses in Canada Decrim Call, More... (7/18/18)

How to Prevent Opioid Overdoses? Provide Hard-Core Addicts Free Pharmaceutical Heroin

Bulldozed to Death for Growing 10 Marijuana Plants

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Getting caught growing a few pot plants in Pennsylvania could lead to a criminal charge and a likely sentence of probation, but for a Lehigh Valley man, it was a death sentence. This past Monday, 51-year-old Gregory A. Longenecker was found dead under a bulldozer operated by a state Game Commission worker and carrying a state trooper hunting for two men spotted near a freshly-discovered marijuana grow.

[image:1 align:left]According to the Pennsylvania State Police, the Game Commission bulldozer operator was using the machine to improve access to fields on game lands when he spotted a car well off the road in the brush and called police. Officers from nearby Bernville Borough were first on the scene and quickly found a plot containing 10 growing pot plants.

The cops saw two men emerge from the underbrush and take off running, said Trooper David Boehm, a state police spokesman. "They were back there doing whatever they have to do to their plants," he said. "It was kind of carved out of the underbrush, which I've never seen underbrush that thick ever. It was crazy how thick it was."

The two men were Longenecker and his long-time friend David Brook Light, 54. Light was quickly taken into custody by the Bernville chief of police, but Longenecker eluded immediate capture. The state police arrived on the scene and ordered one of their helicopters to join the search. The chopper pilot spotted Longenecker in the brush but then lost him. Meanwhile, a state trooper and the bulldozer operator were roaring through the brush looking for him.

"An attempt to hail the other male was unsuccessful," Beohm said in a news release. "The helicopter lost sight of the male and was giving directions to the bulldozer of his last location. The Game Commission employee and a Trooper were on the bulldozer driving through the thick underbrush. The bulldozer stopped in the underbrush. The second male was located under the rear of the bulldozer deceased."

That's right: Confronted with a small-scale illicit marijuana grow on public land, the State Police deployed a helicopter and the on-scene bulldozer and managed to kill their target. But that's not how the cops tried to spin it.

First, Trooper Boehm denied that Longenecker died as a result of a police pursuit. "They were just trying to locate this guy with use of a helicopter," he explained.

Then he suggested that Longenecker may have died of natural causes. "The reason it’s unclear if Longenecker was struck and killed by the bulldozer is that Longenecker, because of his age, could have had a heart attack while fleeing through the dense thicket," Boehm said.

But that attempted diversion was foiled on Tuesday when the preliminary autopsy report came out. That report found that Longenecker died of traumatic injuries after being run over by the bulldozer. A final ruling on the cause of death awaits toxicology tests, but it is clear that he died after being run over by the bulldozer.  

The case has aroused the ire of the National Organization for the Reform of Marijuana Laws (NORML), which has denounced what it calls the excessive use of force by state law enforcement.

"This awful event could have and should have been prevented," said national NORML executive director Erik Altieri. "This tragedy is a direct result of our nation’s draconic and failed criminalization of marijuana. Not only was the use of resources in this matter excessive and the tactics highly questionable, but more importantly a man lost his life over the act of growing a plant that is now legally regulated in a majority of US states. No matter your opinion on marijuana legalization, the penalty for growing cannabis should never be an extrajudicial death sentence."

"As a former prosecutor and practicing criminal defense attorney, it is inconceivable to me that a man lost his life during an investigation of a very small grow," said Pittsburgh NORML executive director Patrick Nightengale. "Had he been arrested, prosecuted and convicted, Pennsylvania’s sentencing guidelines would have provided for a sentence of probation. The heavy-handed tactics employed cannot be justified by the seizure of ten plants. I do not understand why law enforcement couldn’t simply wait. A vehicle was on scene and another individual was taken into custody. Rip the plants, run the plate and ask the arrestee what his friend’s name is. How difficult is that?"

Medical marijuana is already legal in 31 states, including Pennsylvania, and legal marijuana for adults is already permitted in nine states and Washington, D.C. A bill to legalize marijuana in the state failed to advance this year, even though 59% of state residents support freeing the weed.

"As an activist and cannabis lobbyist in Pennsylvania, I always use decorum and process to my advantage. There would seem to have been a total lack of both by law enforcement this past Monday outside of Bernville. By all accounts the death of an illicit marijuana grower being chased by a state bulldozer, under the direction of Pennsylvania State Troopers, was an unnecessary and reckless use of resources," said Jeff Riedy, executive director of Lehigh Valley NORML. "These horrible events only fuel the need for marijuana reform, including the right for personal use and home cultivation in our state, and across this country. Endless pursuit at all costs, leading to the death of a suspect, over a few marijuana plants is excessive, to say the least."

This article was produced by Drug Reporter, a project of the Independent Media Institute.


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Tuesday, 17 July 2018

Chronicle AM: OK Medical Marijuana Muddle, Toronto Health Board Says Decriminalize, More... (7/17/18)

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The uproar in Oklahoma grows louder after the state health board messed with the medical marijuana initiative, Toronto's health board endorses drug decriminalization, and more.

[image:1 align:left caption:true]Medical Marijuana

Oklahoma Pressure Mounts for Special Session on Medical Marijuana. Amid growing outrage over the Board of Health's imposition of restrictive and controversial changes to State Question 788, approved last month by voters, legislators and others are demanding Gov. Mary Fallin (R) call a special session of the legislature to ensure the will of the voters is upheld. Among other changes, the Board banned the sale of smokeable marijuana and required pharmacists to be present at dispensaries. "This is not what the voters voted for," said state Rep. Jason Lowe (D-Oklahoma City). "We must adhere to the will of the people. The governor’s signing of the emergency rules adopted by the Oklahoma State Health Department is an affront to democracy, an insult to the law-abiding citizens that showed up to vote for this initiative."

Drug Testing

Massachusetts High Court Holds Judges Can Require Drug Users to Remain Drug-Free. The state's Supreme Judicial Court ruled Monday that a judge can require a drug user to stay drug-free as a condition of probation. The case involved Julie Eldred, who was on probation for a larceny charge when she was jailed for failing a drug test. Her attorney argued that her relapse was a symptom of her disease of addiction and that it was unconstitutional to punish someone for a medical condition. But the court disagreed: "In appropriate circumstances, a judge may order a defendant who is addicted to drugs to remain drug-free as a condition of probation, and that a defendant may be found to be in violation of his or her probation by subsequently testing positive for an illegal drug."

International

Toronto Public Health Board Calls for Drug Decriminalization. The health board in Canada's largest city has called on the federal government to decriminalize all drugs. Saving lives is more important than. The board voted unanimously Monday to endorse the recommendation from the city's top health officer, Dr. Eileen de Villa. "The potential harms associated with any of these drugs is worsened when people are pushed into a position where they have to produce, obtain and consume those drugs illegally, so that’s what we’re trying to address," de Villa said, with a call for a "public health approach" focused on treatment and harm minimization rather police, courts and jail. Officials in Vancouver have also called for drug decriminalization, but the federal government of Prime Minister Justin Trudeau hasn't shown any appetite for it. 


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Monday, 16 July 2018

Chronicle AM: CA Legal Pot Draft Rules Unveiled, Opioid Crackdown Hurts Pain Patients, More... (7/16/18)

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California regulators issue proposed draft regulations for the legal pot market, British police are "in effect" decriminalizing marijuana, the opioid crackdown is impacting chronic pain patients, and more.

[image:1 align:right]Marijuana Policy

California Legal Marijuana Draft Regulations Unveiled. State regulators last Friday unveiled their much-anticipated draft of permanent regulations for the state's legal marijuana industry. Under the proposed regulations, pot shops would be able to deliver marijuana anywhere in the state, medical marijuana patients will likely be able to buy edibles more potent than currently permitted, but rules for advertising pot products could become more strict. The public now has 45 days to weigh in on the draft rules, either in writing or at one of 10 hearings to be held throughout the state.

Heroin and Prescription Opioids

Crackdown on Opioid Prescriptions Risks Leaving Pain Patients Out of Luck. With the country in the midst of a battle against opioid addiction and overdoses, policies to curtail the use of opioids are impacting chronic pain patients and making their lives more difficult. New prescribing guidelines from the Centers for Disease Control, new state laws, state medical board sanctions, and policy changes by managed-care and prescription plans have all contributed to what pain patients call "changes have ignored the treatment of their pain and have made it harder for many to find care."

Drug Testing

Minnesota Appeals Court Rules That People With Drug Convictions Can't Be Subjected to Drug Tests Forever to Receive Welfare Benefits. The state Court of Appeals ruled Monday that people with previous drug convictions cannot be permanently required to undergo drug testing as a condition of receiving welfare benefits. The ruling came in the case convicted of drug possession in 1997 who refused to take a drug test in 2016 and lost her benefits. Under a 1997 state law, people convicted of drug offenses are ineligible for benefits for five years after their sentences are over (unless they've completed drug treatment) and are subject to random drug tests in perpetuity. "Granting effect to the [Department of Human Services'] current interpretation of the statute would require persons receiving MSA or general-assistance benefits to undergo chemical testing indefinitely, even if decades have passed since the completion of a court-ordered sentence," Judge Roger Klaphake wrote on his opinion overturning a denial of benefits to the woman. "Those who, like appellant, have long since completed their court-ordered sentences and five-year period of ineligibility are not ‘[p]ersons subject to the limitations of this subdivision’ and are not required to undergo chemical testing for receipt of benefits under chapter 256D,"he wrote on behalf of a divided three-judge panel.

International 

Brazil Marijuana Legalization Bill Filed. The opposition Workers' Party has filed a bill that would legalize marijuana in South America's largest and most populous country. The move comes a year after Supreme Court Justice Roberto Barroso called on lawmakers to legalize marijuana as a means of reducing gang violence. But given that the Workers' Party is the minority, this bill is unlikely to move this year. 

British Police "In Effect" Decriminalizing Marijuana. British police are effectively decriminalizing marijuana by not bothering to arrest pot smokers, British arrest statistics show. Marijuana arrests have dropped 19% since 2015 and so have warnings, which declined 34% in the same period. "The fall in prosecutions and cautions for cannabis possession is a welcome trend and a victory for common sense," said Liberal Democrat MP David Lamb. "The ‘war on cannabis’ unfairly stigmatizes and criminalizes young people who are doing no harm to others, while tying up police resources which should be better used tackling harmful crimes. However, this issue should not be left to individual police forces. We cannot tolerate a postcode lottery where cannabis users may or may not be prosecuted depending on where they live. The government must bring forward proposals for a regulated cannabis market in the interests of public health, with strict controls on price and potency, and give parliament a free vote."


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Thursday, 12 July 2018

Chronicle AM: OK Medical Marijuana Kerfluffle, UK Gov Won't Block Festival Pill Testing, More... (7/12/18)

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Oklahoma voters approved a medical marijuana initiative last month, but now a new battle is brewing; the British government says it will not block pill testing at clubs and festivals, and more.

[image:1 align:left caption:true]Marijuana Policy 

Massachusetts US Attorney Says Enforcement of Federal Pot Laws Will Be Limited. US Attorney Andrew Lelling warned that he won't "immunize" state residents from federal law enforcement, but that he will focus on overproduction, targeted sales to minors, and organized crime. Lelling also said that fighting opioid addiction remains his highest priority. 

Medical Marijuana 

Oklahoma Governor Signs Strict Medical Marijuana Rules. Gov. Mary Fallin (R) on Wednesday signed rules regulating medical marijuana that include banning the sale of smokable marijuana at dispensaries and requiring a pharmacist at dispensaries. "These rules are the best place to start in developing a proper regulatory framework for medical marijuana, with the highest priority given to the health and safety of Oklahomans. They are also the quickest and most cost-efficient way to get the process actually started as required by the law passed by the people. I expect modifications could occur in the future. I know some citizens are not pleased with these actions," Fallon said in a statement. 

DEA Says Oklahoma Pharmacists Dispensing Marijuana Would Violate Federal Law. Although Gov. Mary Fallin (R) on Wednesday signed into law regulations requiring that a pharmacist be present at medical marijuana dispensaries, the DEA's Special Agent in Charge in Oklahoma, Rich Salter, warned that the medical marijuana program as a whole violates federal law. Any pharmacist who dispensed an illegal drug would be at risk of losing his or her license, he added.

Oklahoma Medical Marijuana Groups Vow To Take Action In Last-Minute Regulation Changes. The Oklahoma Cannabis Trade Association and the Oklahomans for Health, the group that spearheaded the successful medical marijuana initiative, held a news conference Wednesday to decry regulations imposed by the state Board of Health and signed into law by Gov. Mary Fallin (R). "Those are not reasonable," said medical marijuana advocated Nora Sapp. "We the people spoke on July 26th. We didn't ask permission. We told them what we are going to do." The two groups said they would fight the regulations.

International

British Government Says It Won't Block Pill Testing at Festivals. The British government has said it "would not stand in the way" of pill testing at music festivals and clubs. Policing minister Nick Hurd said that the Home Office would defer to the judgment of local officials in allowing festivals and live music venues to allow illicit drugs to be evaluated for safety. "The fact that chief constables in Avon, Cumbria, Somerset, and Hampshire have stepped forward and said … we do want to cooperate with this, sends a strong signal." 


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Wednesday, 11 July 2018

Advocates Claim "Overdose Prevention" Bill Would Drive People Out of Treatment and Increase Overdoses [FEATURE]

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A bill ostensibly aimed at reducing opioid overdoses passed the House last month, but rather than cheering it on, drug treatment and recovery advocates are lining up to block it in the Senate. That's because instead of being aimed at reducing overdoses, the bill is actually a means of removing patient privacy protections from some of the most vulnerable people with opioid problems, including people using methadone-assisted therapy to control their addictions.

[image:1 align:left caption:true]And that, advocates say, is likely to increase -- not decrease -- opioid overdoses by pushing users away from drug treatment out of fear the information they reveal could be used against them. The fear is real: Unlike other medical conditions, drug addiction leaves patients open to criminal prosecution, as well as stigmatization and other negative social consequences if their status as drug treatment or maintenance patients is revealed.

This bill, H.R. 6082, the Overdose Prevention and Patient Safety Act, would remove drug treatment patients' ability to control the disclosure of information to health plans, health care providers, and other entities, leaving them with only the lesser privacy protections afforded to all patients under the Health Insurance Portability and Accountability Act (HIPAA) of 1996.

"The confidentiality law is often the only shield between an individual in recovery and the many forms of discrimination that could irreparably damage their lives and future," said Paul Samuels, President/Director of the Legal Action Center. "Unfortunately, there is a very real danger of serious negative consequences for people whose history of substance use disorder is disclosed without their explicit consent."

The Legal Action Center is spearheading the effort to block this bill with the Campaign to Protect Patients' Privacy Rights, which counts more than a hundred organizations, including the American Association for the Treatment of Opioid Dependence, AIDS United, Community Catalyst, Faces and Voices of Recovery, Facing Addiction, Harm Reduction Coalition, National Advocates for Pregnant Women, National Alliance for Medication Assisted Recovery and the, National Council on Alcoholism and Drug Dependence.

The current patient privacy protections, known as 42 C.F.R. Part 2 ("Part 2"), were established more than 40 years ago to ensure that people with a substance use disorder are not made more vulnerable to discriminatory practices and legal consequences as a result of seeking treatment. The rules prevent treatment providers from disclosing information about a patient's substance use treatment without patient consent in most circumstances. The bill's plan to replace Part 2's confidentiality requirements with HIPAA's more relaxed standards would not sufficiently protect people seeking and receiving SUD treatment and could expose patients to great harm, the advocates charge.

"They should call this the Taking Away Protections Act," said Jocelyn Woods, head of the National Alliance for Medication-Assisted Recovery. "People will be afraid to go into treatment. I'm getting emails from people who want to leave treatment before this happens. If I were going into a program and they can't tell me my information will be safe, I would think about turning around and walking out," she said.

"Many of us would not have gone to treatment or accepted services if we thought that our information would have been shared with other entities without our permission. We would not have put our careers, reputation or families at risk of stigma and discrimination if we were not assured that information about our substance use disorder was safe and would only be shared with our consent," added Patty McCarthy Metcalf, executive director of Faces and Voices of Recovery.

The push for the bill is being led by health information software companies and behavioral health providers, such as Hazelden and the Betty Ford Center, and it prioritizes convenience over patient privacy.

[image:2 align:right]"This is because the behavioral health people see complying with the privacy requirements as a pain in the ass," said Woods. "They're going to have to fix their computer systems to block out any treatment program licensed by the federal government -- not just methadone programs -- and they don't want to do that. One of the software companies, Netsmart, complained that they don't want to mess with their programming," she said.

"We need Part 2," Woods continued. "It keeps police out of the program. Without it, police can walk right in. They already sit outside methadone clinics and bust people for DUI on the way out. If this passes, they will walk right in. If the police see anyone they think has a warrant or committed a crime, they're gone."

While the bill has made its way through the House, advocates are hopeful it will stall in the Senate.

"The House pushed this through because they wanted to look like they were doing something and because the behavioral health people were pushing for it," Woods said, "but my sense is that it's moving slowly in the Senate. We have this crazy president, and there's immigration, and the congressional break, and then campaign season. My hope is we can push this past the elections and a blue wave in November will give us a fighting chance."

But the campaign isn't taking any chances and is mobilized to fight on the Hill in the next few months to block the bill. As Mark Parrino, President of the American Association for the Treatment of Opioid Dependence warned: "In the midst of the worst opioid epidemic in our nation's history, we cannot afford to have patients fearful of seeking treatment because they do not have faith that their confidentiality will be protected."


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Medical Marijuana Update

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Arkansas finally issued some cultivation licenses, Maine legislators override a gubernatorial veto to expand medical marijuana, Michigan adds more qualifying conditions, and more.

[image:1 align:left]Arkansas

Arkansas Issues Cultivator Licenses. The state Medical Marijuana Commission has awarded cultivation licenses to five medical marijuana businesses. The move comes after an injunction blocking the move was lifted. Another 90 potential medical marijuana businesses were out of luck, but the commission will keep their applications on hand in case one of the five awarded licenses is revoked or if the commission decides to award the three additional licenses it could issue.

Maine

Maine Governor Vetoes Medical Marijuana Expansion Bill. Gov. Paul LePage last Friday vetoed a bill that would have allowed doctors to certify medical marijuana for patients for any reason, as well as revamping the caregiver system and removing some obstacles to obtaining patient cards. The bill will now go back to the legislature for a possible effort to override the veto.

Maine Lawmakers Override Governor's Veto of Medical Marijuana Expansion. The legislature has overwhelmingly overridden Gov. Paul LePage's (R) veto of a bill, L.D. 1539. allowing patients to use marijuana if a doctor deems it medically beneficial, grant six new medical dispensary licenses, permit caregivers to expand their business operations and give the state and municipalities more power to regulate them.

Michigan

Michigan Adds More Qualifying Conditions. The state on Monday added 11 medical conditions, including autism, chronic pain, Parkinson's disease and Tourette's syndrome, to the list of ailments that could qualify a person for a medical marijuana card. That brings the number of qualifying conditions to 22.

Oklahoma

Oklahoma Losers Now Want to "Fix" Medical Marijuana Initiative. Opponents of State Question 788, the medical marijuana initiative approved by voters last month, are now demanding changes in the measure. At a Monday press conference, a coalition of medical groups called for three changes to the initiative: requiring dispensaries to have pharmacists on staff, limiting the number of dispensary licenses, and banning the sale of smokable forms of weed. The state Health Department was meeting Tuesday to vote on proposed rules, but it does not appear the department is going to consider the proposals from the medical coalition.

Oklahoma Approves Emergency Rules for Medical Marijuana, Bans Sale of Smokable Medicine. The state Board of Health on Tuesday approved a proposed draft of emergency rules for the state's new medical marijuana program, but also voted to prohibit the sale of smokable marijuana at dispensaries. Licensed medical marijuana patients could still smoke it if they grew their own.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]


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Chronicle AM: Oklahoma Legalization Init, New DEA Opioid Regs, Sri Lanka to Hang Drug Dealers, More... (7/11/18)

'Overdose Prevention’ Bill Would Actually Increase Overdoses by Driving People Out of Treatment [FEATURE]

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A bill ostensibly aimed at reducing opioid overdoses passed the House last month, but rather than cheering it on, drug treatment and recovery advocates are lining up to block it in the Senate. That's because instead of being aimed at reducing overdoses, the bill is actually a means of removing patient privacy protections from some of the most vulnerable people with opioid problems, including people using methadone-assisted therapy to control their addictions.

[image:1 align:left caption:true]And that, advocates say, is likely to increase—not decrease—opioid overdoses by pushing users away from drug treatment out of fear the information they reveal could be used against them. The fear is real: Unlike other medical conditions, drug addiction leaves patients open to criminal prosecution, as well as stigmatization and other negative social consequences if their status as drug treatment or maintenance patients is revealed.

This bill, H.R. 6082, the Overdose Prevention and Patient Safety Act, would remove drug treatment patients' ability to control the disclosure of information to health plans, health care providers, and other entities, leaving them with only the lesser privacy protections afforded to all patients under the Health Insurance Portability and Accountability Act (HIPAA) of 1996.

"The confidentiality law is often the only shield between an individual in recovery and the many forms of discrimination that could irreparably damage their lives and future," said Paul Samuels, President/Director of the Legal Action Center. "Unfortunately, there is a very real danger of serious negative consequences for people whose history of substance use disorder is disclosed without their explicit consent."

The Legal Action Center is spearheading the effort to block this bill with the Campaign to Protect Patients' Privacy Rights, which counts more than a hundred organizations, including  the American Association for the Treatment of Opioid DependenceAIDS UnitedCommunity CatalystFaces and Voices of RecoveryFacing AddictionHarm Reduction CoalitionNational Advocates for Pregnant Women, National Alliance for Medication Assisted Recovery and the, National Council on Alcoholism and Drug Dependence.

The current patient privacy protections, known as 42 C.F.R. Part 2 ("Part 2"), were established more than 40 years ago to ensure that people with a substance use disorder are not made more vulnerable to discriminatory practices and legal consequences as a result of seeking treatment. The rules prevent treatment providers from disclosing information about a patient’s substance use treatment without patient consent in most circumstances. The bill's plan to replace Part 2’s confidentiality requirements with HIPAA’s more relaxed standards would not sufficiently protect people seeking and receiving SUD treatment and could expose patients to great harm, the advocates charge.

"They should call this the Taking Away Protections Act," said Jocelyn Woods, head of the National Alliance for Medication-Assisted Recovery. "People will be afraid to go into treatment. I'm getting emails from people who want to leave treatment before this happens. If I were going into a program and they can't tell me my information will be safe, I would think about turning around and walking out," she told AlterNet.

"Many of us would not have gone to treatment or accepted services if we thought that our information would have been shared with other entities without our permission. We would not have put our careers, reputation or families at risk of stigma and discrimination if we were not assured that information about our substance use disorder was safe and would only be shared with our consent," added Patty McCarthy Metcalf, executive director of Faces and Voices of Recovery.

The push for the bill is being led by health information software companies and behavioral health providers, such as Hazelden and the Betty Ford Center, and it prioritizes convenience over patient privacy.

[image:2 align:right]"This is because the behavioral health people see complying with the privacy requirements as a pain in the ass," said Woods. "They're going to have to fix their computer systems to block out any treatment program licensed by the federal government—not just methadone programs—and they don't want to do that. One of the software companies, Netsmart, complained that they don't want to mess with their programming," she said.

"We need Part 2," Woods continued. "It keeps police out of the program. Without it, police can walk right in. They already sit outside methadone clinics and bust people for DUI on the way out. If this passes, they will walk right in. If the police see anyone they think has a warrant or committed a crime, they're gone.

While the bill has made its way through the House, advocates are hopeful it will stall in the Senate.  

"The House pushed this through because they wanted to look like they were doing something and because the behavioral health people were pushing for it," Woods said, "but my sense is that it's moving slowly in the Senate. We have this crazy president, and there's immigration, and the congressional break, and then campaign season. My hope is we can push this past the elections and a blue wave in November will give us a fighting chance."

But the campaign isn't taking any chances and is mobilized to fight on the Hill in the next few months to block the bill. As Mark Parrino, President of the American Association for the Treatment of Opioid Dependence warned: "In the midst of the worst opioid epidemic in our nation’s history, we cannot afford to have patients fearful of seeking treatment because they do not have faith that their confidentiality will be protected." 


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