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Drug War Chronicle, Issue #609 -(urls+ editorial)- 11/20/09

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Nov 20, 2009, 12:44:27 PM11/20/09
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Drug War Chronicle, Issue #609 -- 11/20/09
Phillip S. Smith, Editor, psm...@drcnet.org
http://stopthedrugwar.org/chronicle/609

A Publication of Stop the Drug War (DRCNet)
David Borden, Executive Director, bor...@drcnet.org
"Raising Awareness of the Consequences of Drug Prohibition"

Action Alert: One Last Step Needed to Free Will Foster -- Act
Now!
http://stopthedrugwar.org/chronicle_blog/2009/nov/17/will_foster_is_almost_free

Table of Contents:

1. FEATURE: MEDICAL MARIJUANA IN STATE LEGISLATURES -- THE GOOD,
THE BAD, AND THE UGLY
Getting medical marijuana bills passed in state legislatures is
a long, hard slog. So far this year, only one bill has passed
into law, the Rhode Island dispensary bill, which builds on an
existing medical marijuana law. Two states' legislatures,
Minnesota and New Hampshire, passed bills, only to have them
vetoed. But there's still hope in a few places. Here's a rundown
of medical marijuana at the statehouse this year.
http://stopthedrugwar.org/chronicle/609/medical_marijuana_state_legislatures

2. FEATURE: FIRED UP IN ALBUQUERQUE -- THE 2009 INTERNATIONAL
DRUG POLICY REFORM CONFERENCE
The Drug Policy Alliance's 2009 International Drug Policy Reform
Conference took place in Albuquerque last weekend. It was quite
a show. Here's a scene report.
http://stopthedrugwar.org/chronicle/609/2009_international_drug_policy_reform_conference_albuquerque

3. FEEDBACK: DO YOU READ DRUG WAR CHRONICLE?
Do you read Drug War Chronicle? If so, we need your feedback to
evaluate our work and make the case for Drug War Chronicle to
funders. We need donations too.
http://stopthedrugwar.org/chronicle/609/do_you_read_drug_war_chronicle

4. LATIN AMERICA: MEXICO DRUG WAR UPDATE
The Mexico Drug War Update took a break last week, but the
violence didn't. Here's the latest rundown and body count.
http://stopthedrugwar.org/chronicle/609/mexico_drug_war_update

5. LAW ENFORCEMENT: THIS WEEK'S CORRUPT COPS STORIES
One New Jersey prison guard gets indicted and another gets
sentenced. There's also another Customs officer lured by lucre,
a meth-slinging Indiana cop, and a Colorado cop turned pill
provider.
http://stopthedrugwar.org/chronicle/609/police_drug_corruption

6. LATIN AMERICA: FORMER MEXICAN FOREIGNER MINISTER ACCUSES ARMY
OF EXTRA-JUDICIAL EXECUTIONS IN DRUG WAR
At a conference last week, former Mexican Foreign Minister Jorge
Castaneda bluntly accused the Mexican military of murdering
members of the so-called drug cartels to avenge its own losses
in the country's bloody wave of prohibition-related violence.
http://stopthedrugwar.org/chronicle/609/mexico_former_foreign_minister_castaneda_army_killing_drug_gang_members

7. EUROPE: FIRED BRITISH DRUG ADVISOR CALLS FOR ROYAL COMMISSION
ON MARIJUANA DECRIMINALIZATION
If the British government thought it could shut up David Nutt,
the head of the Advisory Council on the Misuse of Drugs, by
firing him, it thought wrong. Now, the newly liberated drug
expert is calling for a Royal Commission to examine
decriminalizing marijuana.
http://stopthedrugwar.org/chronicle/609/david_nutt_ACMD_decriminalize_marijuana

8. MEDICAL MARIJUANA: BATTLE OVER REGULATING LOS ANGELES
DISPENSARIES DRAGS ON, BUT COUNCIL REJECTS PROSECUTOR'S ADVICE
Los Angeles has been trying to regulate its mushrooming medical
marijuana dispensaries for four years. It could be coming down
to the wire next week, but storm clouds loom as city and county
prosecutors argue that any medical marijuana sales are illegal.
http://stopthedrugwar.org/chronicle/609/los_angeles_city_council_medical_marijuana_dispenary_ordinance

9. SENTENCING: ERA OF MANDATORY MINIMUMS FOR DRUGS COMES TO AN
END IN RHODE ISLAND
The era of mandatory minimum sentences for drug offenses has
come to an end in Rhode Island. But that's just a start -- you
can still get up to 50 years for 10 pounds of pot.
http://stopthedrugwar.org/chronicle/609/rhode_island_mandatory_minimum_drug_sentences

10. BUDGET CRUNCH: TENNESSEE COULD FREE 4,000 PRISONERS IN BID
TO CUT COSTS
Like other states, Tennessee is feeling the effects of the bad
economy, and so is the state's budget. Now, the governor is
seeking a 9% across-the-board budget cut, and that could mean --
God forbid! -- that the state might have to let some nonviolent
prisoners get out a few months early.
http://stopthedrugwar.org/chronicle/609/tennessee_prison_budget

11. PROHIBITION: KANSAS POLITICIAN HEARS OF NEW DRUG, RESPONDS
WITH PLAN TO BAN IT
Some legislators never met a psychoactive substance they didn't
want to prohibit. Kansas state Sen. Peggy Mast (R) is one of
them. Now, she wants to do to K-2 what she's already done to
salvia divinorum and jimson weed.
http://stopthedrugwar.org/chronicle/609/k-2_synthetic_marijuana_kansas_peggy_mast

12. WEEKLY: THIS WEEK IN HISTORY
Events and quotes of note from this week's drug policy events of
years past.
http://stopthedrugwar.org/chronicle/609/drug_war_history

13. WEEKLY: BLOGGING @ THE SPEAKEASY
"Tommy Chong's Prosecutor Says He Should Have Gotten More Jail
Time," "Cheech and Chong vs. Bill O'Reilly: Worst Interview
Ever," "'Buy American Pot!' Says American Marijuana Growers
Association," "Drug Czar's Website Still Wrong About AMA's
Medical Marijuana Stance," "DEA Website STILL Wrong About AMA's
Medical Marijuana Stance," "Colorado Announces Plan to Tax
Medical Marijuana," "As Long as the Drug War Continues, So Will
the Corruption," "Marijuana is Practically Legal (But Only for
Aging White People Who Live in the Suburbs)," "If You Care About
Ending the Drug War, Watch This," "Will Foster is Almost Free.
You Can Help Open That Prison Door By Acting Now," "Nice People
Take Drugs."
http://stopthedrugwar.org/chronicle/609/blogging_at_the_speakeasy

(Not subscribed? Visit http://stopthedrugwar.org to sign up
today!)

================

1. Feature: Medical Marijuana in State Legislatures -- The Good,
the Bad, and the Ugly
http://stopthedrugwar.org/chronicle/609/medical_marijuana_state_legislatures

Medical marijuana has gone mainstream. It routinely receives
above 70% in public opinion polls, it has been legalized in 13
states, and this year 18 more stores either tried or are still
trying to pass medical marijuana laws. It was also the subject
of legislative activity in four states that already have medical
marijuana laws.

But just because it's mainstream doesn't mean it's easy. The
legislative process is notoriously slow, arduous, and fickle. At
the beginning of the year, movement leaders thought we would see
perhaps four or five states pass medical marijuana laws this
year. That hasn't happened. This year, no state that didn't have
a medical marijuana law has managed to get one passed, and in a
pair of medical marijuana states that did pass additional
legislation, recalcitrant governors proved to be obstacles.

Nevertheless, progress has been made, with prospects for more,
whether this year or later. As 2009 enters its final weeks,
here's where we stand:

PASSED BUT VETOED:

Minnesota: In May, the Minnesota legislature approved a
restrictive medical marijuana bill, SF 97
(https://www.revisor.mn.gov/bin/bldbill.php?bill=S0097.5.html&session=ls86).
The House version of the bill won on a 70-64 vote. The Senate,
which had approved its version of the bill a month earlier,
accepted the House version, passing it on a 38-28 vote. The vote
was largely along party lines, with most Republicans opposing
and most Democratic Farm Labor (DFL) members supporting the
bill. In neither chamber was the margin of victory large enough
to overcome a veto. Gov. Tim Pawlenty (R) quickly vetoed the
bill. Blocked by a recalcitrant governor, Minnesota medical
marijuana proponents are considering an end run around him next
year. Under Minnesota law, the legislature can bypass the
governor by voting for a constitutional amendment to allow
medical marijuana use. If such a measure passes the legislature,
it would then go directly to a popular vote. With support for
medical marijuana at high levels in Minnesota, proponents
believe the measure would pass.

New Hampshire: The legislature passed HB 648
(http://www.gencourt.state.nh.us/legislation/2009/HB0648.html),
which would have created three nonprofit medical marijuana
dispensaries for patients, but Gov. John Lynch (D) vetoed it. In
October, the House voted to override the veto on a vote of
240-115, but the Senate fell two votes short on a 14-10 vote.

DEAD OR DORMANT:

Alabama: The Alabama medical marijuana bill, HB 434
(http://alisondb.legislature.state.al.us/acas/searchableinstruments/2009rs/bills/hb434.htm),
sponsored by Rep. Patricia Todd (D-Birmingham) was referred to
the House Judiciary Committee and died there without a vote when
the session adjourned in May.

Connecticut: Two medical marijuana bills were introduced this
year, HB 6156
(http://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=6156&which_year=2009),
introduced by Rep. Penny Bacchiochi (R-Sommers), and HB 5175
(http://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=5175&which_year=2009),
introduced by Rep. Mary Mushinsky (D-Wallingford). Neither bill
received a public hearing. No medical marijuana legislation is
likely to move in Connecticut until Gov. Jodi Rell (R) is gone.
In 2007, medical marijuana bills passed both the House and the
Senate, only to be vetoed by Rell.

Iowa: Sen. Joe Bolkcom (D-Iowa City) introduced a medical
marijuana bill, SF 293
(http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=BillInfo&Service=Billbook&ga=83&hbill=SF293),
in March. That same month it got a hearing before the Senate
Human Resources Subcommittee, but has had no action since.

Maryland: Maryland enacted an affirmative defense law for
medical marijuana patients in 2003, but that doesn't protect
them from arrest. HB 1339
(http://www.mlis.state.md.us/2009rs/bills/hb/hb1339f.pdf),
sponsored by Delegate Henry Heller (D-Montgomery County),
introduced this year, would have created a task force to make
recommendations about changing the state's medical marijuana
law. The bill received a hearing in the House Judiciary
Committee, but died when committee Chairman Joseph Vallario
(D-Calvert County) refused to schedule a vote on it.

Massachusetts: A medical marijuana bill, HB 2160
(http://www.mass.gov/legis/bills/house/186/ht02/ht02160.htm),
was filed in January and referred to the Joint Committee on
Public Health, which held a hearing in May. Since then, no
action.

Missouri: For the third year in a row, a medical marijuana bill
was filed, but went nowhere. HB 277
(http://www.house.mo.gov/billtracking/bills091/biltxt/intro/HB0277I.HTM),
introduced by Rep. Kate Meiners, was stalled by the House
leadership and assigned to the Health Care Policy Committee too
late to be scheduled for a hearing this year.

North Carolina: The North Carolina medical marijuana bill, HB
1380
(http://www.ncga.state.nc.us/gascripts/BillLookUp/BillLookUp.pl?Session=2009&BillID=hb+1380&submitButton=Go)
was introduced in April by Rep. Earl Jones (D-Guilford). It got
a public hearing before the House Health Committee in June, but
has not moved since.

South Dakota: A South Dakota medical marijuana bill, HB 1127
(http://legis.state.sd.us/sessions/2009/Bill.aspx?Bill=1127),
sponsored by Rep. Gerald Lange (D-Madison), managed to survive
three restrictive amendments in the House Health and Human
Services Committee before the committee voted to kill it on a
9-4 vote in February. The legislature will have one more chance
to pass a medical marijuana bill early next year. If it doesn't,
medical marijuana backers will place an initiative on the
November 2010 ballot.
HB 1128
(http://legis.state.sd.us/sessions/2009/Bill.aspx?Bill=1128),
also sponsored by Lang, would have provided a medical necessity
defense for medical marijuana patients. In February, the House
Judiciary Committee unanimously killed it by referring it "to
the 41st day." The session only has 40 days.

Tennessee: The Tennessee Medical Marijuana Act of 2009
(http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB0209),
SB 209, sponsored by Sen. Beverly Marrero (D-Memphis), and its
companion measure, HB 368, sponsored by Rep. Jeanne Richardson
(D-Memphis) were assigned to their respective Health and Human
Services Committees, where they were ignored and died a quiet
death.

Texas: A Texas medical marijuana bill, HB 164
(http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB164),
introduced by Rep. Elliot Naishtat (D-Austin) was introduced in
November 2008 and referred to the House Public Health Committee
in February. No action has occurred since then.

STILL ALIVE:

Delaware: A medical marijuana bill, SB 94
(http://legis.delaware.gov/LIS/LIS145.nsf/vwLegislation/SB+94?Opendocument),
sponsored by Sen. Margaret Rose Henley (D-Wilmington) passed the
Senate Health and Social Services on a 4-0 vote in June. It
awaits a Senate floor vote when the legislature reconvenes for
the second year of its two-year session in January.

Illinois: The Compassionate Use of Cannabis Pilot Program Act
(http://www.ilga.gov/legislation/BillStatus.asp?DocNum=1381&GAID=10&DocTypeID=SB&LegId=42617&SessionID=76&GA=96),
SB 1381, passed the state Senate by a 30-28 vote in May. It
passed the House Human Services Committee on a 4-3 vote the next
day, but has had no further action in the House. The bill may
move when the House returns for the second half of its session
in January. Gov. Pat Quinn (D) will give "serious consideration"
to a medical marijuana bill that reaches his desk.

New Jersey: The New Jersey Compassionate Use Medical Marijuana
Act (http://www.njleg.state.nj.us/2008/Bills/A1000/804_U1.PDF),
which had already passed the Senate, was approved by the
Assembly Health Committee on a 7-1 vote, but only after making
it dramatically different from and more restrictive than the
Senate version. At the behest of committee chair Herb Conaway
(D-Burlington), who was responding to criticism that the bill's
distribution and oversight provisions weren't tight enough, the
bill was amended so that only "alternative treatment centers"
could grow, process, and distribute medical marijuana. In the
version passed by the Senate, patients could also grow their own
or have caretakers grow it for them. In this latest version,
there is no role for caretakers, because it also provides that
only patients may pick up medical marijuana at a dispensary, or
have a courier deliver it to them.The bill now heads for a floor
vote in the Assembly. It also must go back to the Senate, which
must approve the amended version.

New York: In New York, a medical marijuana bill, S4041, passed
the Senate Health Committee in May, marking the first time a
medical marijuana had ever passed the previously GOP-controlled
state Senate. It must now pass the Senate Codes Committee before
proceeding to a Senate floor vote. The identical House version
of the bill, A7542 (http://assembly.state.ny.us/leg/?bn=A9016),
has been passed from the House Health Committee to the House
Codes Committee. The bills are sponsored by Assembly Health
Committee Chair Richard Gottfried (D-Manhattan) and Senate
Health Committee Chair Tom Duane (D-Manhattan) and would create
state-registered dispensaries for patients. Patients could not
grow their own. The legislature is expected to return for a
special session later this year, and proponents are pushing for
a vote.

Pennsylvania: For the first time in memory, Pennsylvania
legislators have a medical marijuana bill, HB 1393
(http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=PDF&sessYr=2009&sessInd=0&billBody=H&billTyp=B&billNbr=1393&pn=1714)
before them. Introduced in April by Rep. Mark Cohen
(D-Philadelphia), the bill has been in the Assembly Health and
Human Services Committee ever since. Just last week, however,
the committee chair, Rep. Frank Oliver (D-Philadelphia),
scheduled a December 2 hearing on the bill.

Wisconsin: The Wisconsin medical marijuana bill, SB 368
(http://www.legis.state.wi.us/2009/data/SB-368.pdf) was
introduced late last month. Gov. Jim Doyle supports it. The bill
is set for a December 15 hearing and could move quickly after
that.

VOTES IN MEDICAL MARIJUANA STATES:

Hawaii: In July, the Hawaii legislature overrode Gov. Linda
Lingle's (R) veto of SB 1058, which establishes a task force to
examine problems and critical issues surrounding the state's
medical marijuana law. The vote was 25-0 in the Senate and 38-9
in the House. Gov. Lingle has since refused to fund the task
force, forcing interested legislators to create the informal
Medical Cannabis Working Group to hear testimony.

Maine: In April, when faced with a citizen petition to amend the
state's medical marijuana law, the Maine legislature punted
(http://stopthedrugwar.org/chronicle/582/maine_medical_marijuana_bill_november_vote),
taking no action and leaving it to the voters in this month's
election. The voters approved the measure allowing for the
creation of dispensaries.

Montana: Montana already has a medical marijuana law, but
several bills seeking to change it -- for better or worse -- saw
action this year. SB 326
(http://data.opi.mt.gov/bills/2009/billhtml/SB0326.htm),
sponsored by Sen. Ron Erickson would have increased allowable
amounts, added several illnesses to the list of qualifying
conditions, and added child custody protections for patients. It
passed the Senate 28-22, but failed on a tie vote to get out of
the House Human Services Committee. Sponsors then tried a House
floor vote to get the bill out of committee, but they needed 60
votes and only got 47. Similarly, HB 73
(http://data.opi.mt.gov/bills/2009/billhtml/HB0073.htm), which
would have allowed nurse practitioners and physician assistants
to recommend marijuana to patients, died in the House Human
Services Committee on a tie vote.

Two bad bills also died. HB 473
(http://data.opi.mt.gov/bills/2009/billhtml/HB0473.htm),
sponsored by Rep. Tom Berry (R-Roundup) would have barred anyone
with a drug felony from ever becoming a registered patient. It
died on a tie vote in the House Judiciary Committee. And SB 212
(http://data.opi.mt.gov/bills/2009/billhtml/SB0212.htm),
introduced by Sen. Verdell Jackson (R-Kalispell), attempted to
force patients with more than a specific amount of THC in their
system to prove their innocence if accused of driving under the
influence. It was killed by a unanimous vote of the Senate
Judiciary Committee.

Rhode Island: In the only medical marijuana victory at the
statehouse so far this year, the Rhode Island legislature in
June overrode Gov. Donald Carcieri's veto of a bill to create a
system of state-licensed medical marijuana dispensaries. The
override vote was a unanimous 68-0 in the House and a punishing
35-3 in the Senate. Rhode Island thus became the first state to
expand an existing medical marijuana program to allow for
state-licensed dispensaries.

Statehouse legislation is only one measure of progress in the
drive to fully legalize medical marijuana use. Initiative
victories, such as Maine's mentioned above, is another, as is
the expansion of the dispensary supply infrastructure to states
like Colorado or Montana is another. Increased mainstream
support, such as last week's bombshell from the American Medical
Association
(http://stopthedrugwar.org/chronicle/608/american_medical_association_AMA_medical_marijuana_policy)
certainly bodes well for the future, as does the Obama
administration's formalized policy of not targeting medical
marijuana providers that are obeying their states' laws. But
statehouses make state law -- for better or for worse -- and
they are a place where reforms need to be taken, as well as an
opportunity for them. By that measure 2009 has been a slower
year than hoped -- but not a bad one.

================...


___________________

It's time to correct the mistake:
truth:the Anti-drugwar
<http://www.briancbennett.com>

Cops say legalize drugs--find out why:
<http://www.leap.cc>

Stoners are people too:
<http://www.cannabisconsumers.org>
___________________


later
bliss -- Cacoa Powered... (at sfo dot com)

--
bobbie sellers - a retired nurse in San Francisco

"It is by will alone I set my mind in motion.
It is by the beans of cacoa that the thoughts acquire speed,
the thighs acquire girth, the girth become a warning.
It is by theobromine alone I set my mind in motion."
--from Someone else's Dune spoof ripped to my taste.


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