Drug War Chronicle

comprehensive coverage of the War on Drugs since 1997

Chronicle AM: DOJ Reviewing MJ Policy, DEA Subpoenaed Over Snitch Program, More... (4/6/17)

A Justice Department review of marijuana policy is underway, congressional overseers subpoena the DEA over its snitch program, California's governor moves to reconicle the state's legal and medical marijuana programs, and more.

The DEA is in the hot seat with congressional investigators over its confidential informant program.
Marijuana Policy

DOJ Task Force is Reviewing Marijuana Policy. Attorney General Sessions issued a memo Wednesday saying that a task force on crime and public safety is reviewing federal marijuana policy and is charged with making initial recommendations by July 27. The task is reviewing ways to reduce violent crime and illegal immigration and is reviewing marijuana policy under that rubric.

California Governor Proposes Means of Melding Legal and Medical Marijuana Systems. Gov. Jerry Brown (D) on Tuesday released proposed legislation aimed at uniting the state's legal and medical marijuana regulatory systems. The draft language generally favors the less restrictive language of Prop 64, the state's successful marijuana legalization initiative. The Drug Policy Alliance, the California Cannabis Industry Association, the UFCW Western States Council, and the California Cannabis Manufacturers Association are all backing the draft language.

Alaska Regulators Punt (Again) on Onsite Consumption. The Marijuana Control Board was supposed to take up the thorny issue of permitting onsite consumption of marijuana Wednesday, but instead the board spent its meeting going through a backlog of license applications for production facilities and pot shops. "They really wanted to focus on approved applications at this meeting so people could get started with their businesses as we move into summer," said Erika McConnell, director of the Alcohol and Marijuana Control Board. "On site consumption was kind of the big time consuming issue that they pushed until the end and then we ran out of time." Onsite consumption decisions will now be pushed back until at least the May 15 meeting, she said.

Connecticut Legalization Bill Dead -- At Least for Now. A bill that would legalize marijuana, Senate Bill 11, appears dead in the water after it failed to make the agenda for a Friday meeting of the Senate Judiciary Committee. Reports are the bill, sponsored by Senate President Martin Looney (D-New Haven), was pulled because it didn't have enough votes to pass the committee. Legalization is not quite dead yet, though: The Looney bill or one of several other legalization proposals could still be attached as an amendment to another bill.

Virginia Commission to Study Decriminalization. The State Crime Commission decided on Wednesday that it will study marijuana decriminalization. The decision was made by the commission's executive committee.

Medical Marijuana

North Carolina Medical Marijuana Bill Filed. State Sens. Teresa Van Duyn (D) and Valerie Jean Fousher (D) filed Senate Bill 648 on Tuesday. Under the bill, patients could possess up to 24 ounces of marijuana and grow up to 250 square feet of their own medicine. The bill would also establish a system of licensed cultivation centers and dispensaries. It has been referred to the Committee on Rules and Operations.

Hemp

West Virginia Legislature Approves Industrial Hemp Bill. The Senate voted unanimously Wednesday to approve House Bill 2453, which would allow for the licensing of qualified producers and state institutions to grow hemp for industrial purposes. The bill passed the House last month and now heads to the desk of Gov. Jim Justice (D).

Asset Forfeiture

Arizona Asset Forfeiture Reform Bill Awaits Governor's Signature. Gov. Doug Ducey (R) is in a tight spot, caught between the wishes of legislators, who approved the asset forfeiture reform measure House Bill 2477, and county prosecutors, who are urging him to veto it. The measure would change Arizona's civil asset forfeiture laws to require prosecutors to prove property was involved in a crime by "clear and convicting" evidence, a step above the current standard. Gov. Ducey has said he thinks this is an area of law that needs reform, but hasn't said whether he would sign the bill into law.

Law Enforcement

DEA Gets Hit With Congressional Subpoenas Over Its Informant Program. Rep. Jason Chaffetz (R-UT), head of the House Oversight Committee, has subpoenaed the DEA for documents related to its confidential informant program. Congress members have been seeking copies of the guidelines since last year, when a Justice Department report detailed how DEA spent more than $200 million on informants with little oversight, but DEA has only allowed members to view the guidelines on-site. "Congress has a right to have this material," Chaffetz said, during an Oversight Committee hearing that he chaired on Tuesday morning. "It is unbelievable to me that you think we shouldn't have a copy of it," he told Deputy DEA Administrator Robert Patterson. Chaffetz then went next door to the House Judiciary Committee, where DEA Administrator Chuck Rosenberg was testifying, and issued a subpoena. "We are issuing a subpoena, and so I see no choice," he then told DEA chief Rosenberg. "The Department of Justice just doesn't get to hide things from the United States Congress," Chaffetz said, adding that there is evidence of "massive problems" in the program.

This Week's Corrupt Cops Stories

It's jail and prison guards gone wild, plus a Wisconsin Department of Veterans Affairs cop gets in trouble for sticky-fingers. Let's get to it:

In Dover, New Hampshire, a Strafford County jail guard was arrested last Wednesday for allegedly attempting to take heroin into the jail. Guard Bryant Shipman, 25, went down after a joint investigation by local and federal officials. He is charged with one count of delivery of contraband.

In Goshen, New York, a state prison guard was arrested last Thursday after police seized 43 bags of heroin from his home. Guard Michael Leake, 24, went down after an investigation by the town of Deerpark and city of Port Jarvis Crime Suppression Unit. He is charged with criminal possession of a controlled substance in the third degree and criminally using paraphernalia in the second degree. Although the charges don't reflect it, local authorities said the dope, a scale, and other seized materials were "commonly used by drug traffickers."

In Sterling, Pennsylvania, a Wayne County jail guard was arrested Monday for selling morphine pills from his home. Howard Hums, 44, went down after an informant for the Wayne County DA's Drug Task Force bought pills from him on two occasions in February and March. He now faces two counts each of possession of a controlled substance and delivery of a controlled substance.

In Madison, Wisconsin, a state Department of Veterans Affairs Police officer was sentenced last Tuesday to two years' probation for stealing prescription opioids from the department's evidence room and replacing them with similar-looking pills. David Walters, 37, also stole pills from the VA's drug drop-off receptacle. He pleaded guilty to possession of a controlled substance in January.

Medical Marijuana Update

Arkansas' governor signs a package of medical marijuana regulation bills, a West Virginia medical marijuana bill is just a vote away from final passage, and more.

Arkansas

On Monday, the governor signed into law a dozen medical marijuana-related bills. Gov. Asa Hutchinson has signed into law a dozen bills aimed at regulating the state's voter-approved medical marijuana law. Bills that actually modified the law required a two-thirds majority in both houses of the legislature. For a complete list of the bills and what they do, click on the link.

Maryland

Last Wednesday, legislators proposed using marijuana to treat opioid addition. A House of Delegates committee has added "opioid use disorder" to the list of qualifying conditions for medical marijuana use. The bill was set to be heard by the House Friday.

On Tuesday, a bill to allow more license and increase diversity passed the House. The House of Delegates voted to approve House Bill 1443, which would allow five more licenses to grow and process medical marijuana. The bill is aimed at increasing minority participation in the developing industry, which the state's medical marijuana law explicitly calls for. "Passing this bill will show the country that this is not an issue that we're going lock African Americans and other minorities from participating in this business venture," bill cosponsor Del. Cheryl Glenn said before the House vote. "Less than 1% of the licenses held in the entire country are held by African Americans and other minorities. I'm very proud at the state of Maryland that we are passing this legislation. Nothing is perfect, but this is really moving us along the path of having a fair system in the state of Maryland."

West Virginia

Last Thursday, the House fast-tracked a medical marijuana bill. Less than a day after the Senate approved a full-fledged medical marijuana bill, Senate Bill 386, the House has put it on path to quick consideration. The bill passed the Senate Wednesday, and on Thursday, the House voted to allow the bill to skip consideration by committees there and proceed directly to House floor debate. The move came in response to constituent pressure. "Like every member of this body, I can't count the number of emails and phone calls I received on this subject today," said Del. Mike Pushkin, D-Kanawha.

On Monday, the House amended the medical marijuana bill. The state House on Monday amended the medical marijuana bill, Senate Bill 386, to bar its use in leaf form. Medicines from marijuana would have to be in patch, pill, or potion form. Opponents of the amendment said it drastically changed the nature of the bill already approved in the Senate and worried that the Senate would not accept the changes, leaving patients in the lurch for another year. The bill must now have a final House floor vote, and then any differences will have to either be approved by the Senate or settled in a joint conference committee.

On Tuesday, the House approved the amended medical marijuana bill. The House voted to approve Senate Bill 386, which would establish a medical marijuana system in the state. The Senate passed the measure last week, but since it was amended in the House, reconciliation or a conference committee agreement must occur before it can head to the governor's desk.

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

Chronicle AM: Kansas City Decriminalizes, WV MedMJ Bill Nears Final Stage, More... (4/5/17)

Kansas City votes to decriminalizes, a Maryland bill to expand medical marijuana business opportunities advances, so does a package of Maryland bills aimed at the state's opioid crisis, and more.

Kudos to KC NORML for leading the charge on decriminalization.
Marijuana Policy

Alaska Regulators Again Taking Up Onsite Marijuana Consumption. The state Marijuana Control Board will today resume its debate over whether to permit businesses to allow onsite consumption of marijuana. The board had decided in February to kill the idea, citing uncertainty over the Trump administration, but now it has reopened the process, inviting members to submit proposed new regulations. One proposal would impose a two-year moratorium on onsite consumption, while two others would allow for it, but one of those would not allow smoking or vaping.

Kansas City Votes to Decriminalize. Kansas City, Missouri, residents voted overwhelmingly Tuesday to decriminalize the possession of small amounts of marijuana. Unofficial vote counts had the measure winning with 71% of the vote. The measure will amend local laws regarding the possession of up to 35 grams of marijuana for adults age 21 and older from a criminal misdemeanor, previously punishable by up to six months in jail and a $1,000 fine, to a civil offense punishable by a $25 fine -- with no arrest made or criminal record imposed.

Medical Marijuana

Maryland Bill to Allow More Licenses, Increase Diversity Passes House. The House of Delegates voted Tuesday to approve House Bill 1443, which would allow five more licenses to grow and process medical marijuana. The bill is aimed at increasing minority participation in the developing industry, which the state's medical marijuana law explicitly calls for. "Passing this bill will show the country that this is not an issue that we're going lock African Americans and other minorities from participating in this business venture," bill cosponsor Del. Cheryl Glenn said before the House vote. "Less than 1% of the licenses held in the entire country are held by African Americans and other minorities. I'm very proud at the state of Maryland that we are passing this legislation. Nothing is perfect, but this is really moving us along the path of having a fair system in the state of Maryland."

West Virginia House Votes for Medical Marijuana. The House voted Tuesday to approve Senate Bill 386, which would establish a medical marijuana system in the state. The Senate passed the measure last week, but since it was amended in the House, reconciliation or a conference committee agreement must occur before it can head to the governor's desk.

Heroin and Prescription Opioids

Maryland General Assembly Adopts Bills to Combat Opioid Epidemic. The House of Delegates voted Tuesday to approve a package of bills aimed at increasing access to drug treatment and crisis services, education, and public awareness around opioids. The bills are House Bill 869, which will require the state to compile a list of accredited recovery residences, House Bill 1082, which will require public schools to provide drug education and train personnel to respond to an opioid overdose; and House Bill 1329, which establishes a Health Crisis Hotline and network of crisis treatment centers. Because the bills were adopted with minor differences in the House and Senate, the House must vote one more time to approve the measures before they head to the governor's desk.

Drug Testing

Florida Welfare Drug Test Bill Moving. A bill to require welfare applicants with drug convictions to submit to mandatory drug testing has been approved by two subcommittees and now sits before the House Health and Human Services Committee. The measure, House Bill 1147, passed out of the Health Care Appropriations Subcommittee Tuesday. Under the bill, applicants who test positive for drugs would lose benefits for a year, but could reapply after six months if they've completed a drug treatment program at their own expense.

Indiana Bill Criminalizing Use of Synthetic Urine Passes Legislature. The state Senate on Tuesday unanimously approved House Bill 1104, which would make it a misdemeanor to use synthetic or another person's urine for a drug test. The bill now heads to the governor's desk.

Chronicle AM:MJ State Govs Ask Feds to Stay Out, AZ Forfeiture Reform, More... (4/4/17):

The governors of the first four states to legalize marijuana have written to Washington asking to be left alone, decrim advances in Texas, asset forfeiture reform advances in Arizona, and more.

Marijuana Policy

Governors from Four Legal Marijuana States Ask to Be Left Alone. The governors of the first four states to legalize marijuana -- Alaska, Colorado, Oregon, and Washington -- sent a letter Monday to Attorney General Jeff Sessions and Treasury Secretary Steve Mnuchin asking them not to interfere in state-level legalization. The governors said legal weed could be safely regulated and that a federal crackdown "would divert existing marijuana product to the black market." They also asked the Treasury Department not to make it even more difficult to marijuana businesses to deal with banks than it already is.

Texas Decriminalization Bill Advances. The House Criminal Jurisprudence Committee voted 4-2 on Monday to advance House Bill 81, which would decriminalize the possession of up to an ounce of marijuana. The bill now heads to the House floor.

Medical Marijuana

West Virginia House Amends Medical Marijuana Bill. The state House on Monday amended the medical marijuana bill, Senate Bill 386, to bar its use in leaf form. Medicines from marijuana would have to be in patch, pill, or potion form. Opponents of the amendment said it drastically changed the nature of the bill already approved in the Senate and worried that the Senate would not accept the changes, leaving patients in the lurch for another year. The bill must now have a final House floor vote, and then any differences will have to either be approved by the Senate or settled in a joint conference committee.

Asset Forfeiture

Arizona Senate Passes Bill Taking on State, Federal Asset Forfeiture. The state Senate on Monday unanimously approved a bill to reform the state's civil asset forfeiture law, House Bill 2477. The bill raises the evidentiary standard for forfeiture from "a preponderance of the evidence" to "clear and convincing evidence," establishes stringent forfeiture reporting requirements, and bars prosecutors from handing cases off to the feds to get around state law. The bill now goes back to the House for a concurrence vote on Senate amendments and, if passed, then heads for the governor's desk.

Drug Testing

Maine Tests Few Welfare Recipients Under New Law. Since 2015, only 23 people have set off enough drug screening alarms to be tested under the state's welfare drug testing law. That's about 0.01% of welfare recipients in the state. Of those, 11 lost temporary cash assistance benefits after testing positive, while four more lost benefits for refusing to undergo the test. The Le Page administration blames Democrats, saying they limited drug screenings to people drug felonies, and is behind bills this year to expand drug screenings of cash assistance applicants, prohibiting food stamps for repeat drug offenders, and requiring treatment for first-time drug offenders.

Chronicle AM: Trump Signs Unemployment Drug Test Bill, WVA MedMJ Bill House Vote, More... (4/3/17)

President Trump signs a bill that will expand the drug testing of people seeking unemployment benefits, the West Virginia House is taking up medical marijuana, Colorado legislators have crafted a plan to deal with any federal attack on recreational marijuana, and more.

President Trump has signed a bill undoing Obama administration rules limiting unemployment drug testing. (Wikimedia)
Marijuana Policy

Colorado Bill Seeks to Avoid Thwart Possible Fed Crackdown by Classifying Legal Marijuana as Medical. In what the Associated Press called "the boldest attempt yet by a US marijuana state to avoid federal intervention in its weed market," the legislature is considering Senate Bill 17-192. The bill would allow retail marijuana licenses to be transferred into medical marijuana licenses. The measure has already passed out of the Senate Business, Labor, and Technology Committee and the Senate Finance committee and has a hearing before the Senate Appropriations Committee on Thursday.

Michigan Hash Bash Draws 10,000+. Ann Arbor's annual celebration of marijuana drew the largest crowd in years this past weekend, with more than 10,000 people showing up to light up and voice support for marijuana legalization. Michigan nearly became the first Midwest state to put legalization to a vote last year -- coming up just short on signature gathering -- and activists there are vowing to try again in 2018.

Kansas City Voters to Decide on Decriminalization Tomorrow. Residents of Kansas City, Missouri, will vote Tuesday on whether to approve the Question 5 decriminalization ordinance. Under the proposal, people 21 and over caught with less than an ounce would face no more than a $25 ticket.

Wichita Pot Defelonilization Initiative Campaign Getting Underway. Wichita activists hope the second time is the charm. A successful 2015 defelonization initiative was stuck down by the state Supreme Court on a technical issue. Now, the activists say they are preparing a new campaign to put the issue on the August municipal ballot. Under their proposal, small-time pot possessors would face a misdemeanor charge and a maximum $50 fine.

Medical Marijuana

Arkansas Governor Signs a Dozen Medical Marijuana Bills. Gov. Asa Hutchinson has signed into law a dozen bills aimed at regulating the state's voter-approved medical marijuana law. Bills that actually modified the law required a two-thirds majority in both houses of the legislature. For a complete list of the bills and what they do, click on the link.

West Virginia Medical Marijuana Bill Gets House Hearing Today. After a delay over the weekend at the request of House Judiciary Committee Chairman John Shott, the House is taking up the medical marijuana bill, Senate Bill 386, today. Shott was expected to introduce an amendment during today's hearing before a vote is taken.

Drug Testing

Trump Signs Unemployment Drug Testing Bill Into Law. President Trump last Friday signed into law a bill sponsored by Sen. Ted Cruz (R-TX) that will allow states to expand the pool of unemployment benefits applicants who can be drug tested. The bill undid an Obama administration rule that limited unemployment drug testing to professions where drug screenings are the norm. The bill passed Congress with no Democratic support in the Senate and only four Democrats in the House.

Harm Reduction

JAPA Issue Focuses on Naloxone. The March-April issue of the Journal of the American Pharmacists Association is devoted to the opioid overdose reversal drug naloxone. It contains nearly 30 letters, research reports and research notes on issues related to pharmacists and naloxone. The articles appear to be all open access, too. Click on the link to check 'em out.

Chronicle AM: DE Legalization Bill Filed, WV MedMJ Bill Fast Tracked, More... (3/31/17)

A marijuana legalization bill gets filed in Delaware, a medical marijuana bill gets fast tracked in West Virginia, a South African court rules to free the weed, the Argentine Senate okays CBD cannabis oil, and more.

It looks like West Virginia is about to hop on the medical marijuana bandwagon. (Creative Commons/Wikimedia)
Marijuana Policy

Delaware Lawmakers Filed Legalization Bill. State Rep. Helene Keeley (D-Dover) and cosponsors filed House Bill 110 on Thursday. The bill would legalize the possession of up to an ounce by adults 21 and over and to purchase it from state-regulated stores. The bill does not allow people to grow their own. It imposes a $50 an ounce tax on buds and a $15 an ounce tax on other parts of the plant. It now heads to the House Finance and Revenue Committee, which must hold a hearing within 12 days.

Medical Marijuana

Maryland Legislators Propose Using Marijuana to Treat Opioid Addiction. A House of Delegates committee has added "opioid use disorder" to the list of qualifying conditions for medical marijuana use. The bill was set to be heard by the House Friday.

West Virginia House Fast Tracks Medical Marijuana Bill. Less than a day after the Senate approved a full-fledged medical marijuana bill, Senate Bill 386, the House has put it on path to quick consideration. The bill passed the Senate Wednesday, and on Thursday, the House voted to allow the bill to skip consideration by committees there and proceed directly to House floor debate. The move came in response to constituent pressure. "Like every member of this body, I can't count the number of emails and phone calls I received on this subject today," said Del. Mike Pushkin, D-Kanawha.

New Psychoactive Substances

Federal Bill Would Add New "Designer Drugs" to CSA's Schedule I. US Rep. Charles Dent (R-PA) has filed House Resolution 1732, the Synthetic Drug Control Act of 2017. It adds dozens of substances to Schedule I of the Controlled Substance Act, including phenylalkylamines, cannabimimetic agents, arylcyclohexamines, tryptamines, benzodiazepines, benzylpiperidines, piperazines, and opioids and opioid-like substances. The bill has been referred to the House Judiciary and House Energy and Commerce committees.

Law Enforcement

Federal Bill Would Create Program to Divert Low-Level Drug Offenders. US Rep. Sean Maloney (D-NY has filed House Resolution 1763, the Keeping Communities Safe Through Treatment Act of 2017. The bill directs the Justice Department to create a pilot program to provide grants to localities to divert people with low-level drug offenses into treatment programs before they are booked. It has been referred to the House Judiciary Committee.

International

Argentine Senate Approves CBD Cannabis Oil Bill. The Senate on Wednesday gave final legislative approval to a bill allowing the use of CBD cannabis oil for medical reasons and setting up a regulatory framework for state-run cultivation, processing, and distribution. Until the state-run system is up and running, CBD imports will be allowed.

South Africa High Court Rules Adults Can Possess Marijuana at Home. The Western Cape High Court ruled on Friday that it's legal for adults to use, possess, and grow marijuana at home. The court also ruled that sections of the Drug Trafficking act and the Medicines Control Act must be amended to comply with the decision. The decision isn't final yet, though -- it must be confirmed by the Constitutional Court.

Human Rights Challenge: Responding to Extrajudicial Killings in the Drug War

On Thursday March 16th our international drug policy work took a new turn, when we presented "Human Rights Challenge: Responding to Extrajudicial Killings in the Drug War," a side event at the UN Commission on Narcotic Drugs meeting in Vienna. The event addressed the situation in the Philippines, in which the new president of the country, former Davao Mayor Rodrigo Duterte, entered office last summer promising to slaughter large numbers of purported drug suspects. More than 7,000 people have been killed in the Philippines at the time of this writing, by police or vigilantes.

Speakers Chito Gascon, Alison Smith and Marco Perduca (photo by Joey Tranchina)
Our session unexpectedly drew high-level political interest, and Vice President Leni Robredo of the Philippines, opposition leader and a critic of the killings, recorded a video to be presented there. The video and event were covered by TIME as part of being made public (one article featuring the video then another interviewing Robredo), and the news wire services Reuters and Agence France Press published articles, as did numerous outlets in the Philippines. At the time of this writing the video has garnered over 167,000 views.

Other speakers at the event included the Chairperson of the Commission on Human Rights of the Philippines, Chito Gascon; former prime minister of Thailand Abhisit Vejjajiva (also by video), the Chair of our partner group the Council of Asian Liberals & Democrats; and experts on international criminal justice.

Unfortunately, allies of Pres. Duterte as well as other rivals of Vice President Robredo seized on the video to attack her politically, claiming that the video constituted a "betrayal of the public trust" that she should be impeached for. Political figures including the Speaker of the Philippine House of Representatives and the president's spokesperson claimed falsely the video's release was timed to coincide with the filing by a member of Congress of an impeachment complaint against the president.

On the same day as the session, the European Parliament passed a resolution calling for an end to the killings and for the release of Sen. Leila de Lima, another prominent critic of the killings who has been jailed on charges that are widely viewed as unsupported. The critics of the vice president, which include Ferdinand Marcos Jr., son of the late dictator who lost by a narrow margin to Robredo in the vice-presidential election and is challenging it in court, have charged that Robredo was behind all three events and is engaged in a "destabilization campaign" against the Duterte government to make herself president.

By the time the actual session took place, it was already controversial, and the heated political conflict the video prompted has raged in the Philippine media during weeks since then, only now possibly slowing down. A Google News search on "Robredo" turns up dozens of articles about it, most of them mentioning the video and our UN event. We've been able to play a helpful role at times -- the Philippine Daily Inquirer published an article this week which primarily featured an interview with our executive director (Group Say Duterte, Not Robredo, Upsetting Int'l Community), shared over 7,600 times according to the newspaper's web site, and several outlets including CNN Philippines published a statement we issued clarifying that the video's release was not related to the impeachment complaint against the president.

We have full footage from the event prepared, which we are shopping around to major media outlets before posting, but which we hope to make public by next week. We hope that seeing footage from the actual event will help to turn the discussion in the Philippines back to what's important: the extrajudicial killings and other abuses in the president's drug war, and the failure of the drug in the Philippines, US and elsewhere.

In the meanwhile, you can help by circulating the vice president's powerful video message on your networks. If you have a web site, you can post an embedded copy of the YouTube video, or you can post it to your social media pages. (When posting to Facebook, we recommend you use this Facebook copy, as we've heard that Facebook deprioritizes YouTube videos.)

Here is the event flyer:

And here is Vice President Robredo's video.

Vienna International Centre
Vienna
Austria

Chronicle AM: Federal Marijuana Reform Bills Filed Today, DEA Scorched on Seizures, More... (3/30/17)

The Congressional Cannabis Caucus is getting down to business, yet another poll shows strong (and increasing) support for marijuana legalization, Trump names an acting drug czar, a California safe injection site bill is moving, and more.

The DOJ's inspector general is not impressed with DEA asset forfeiture practices. (dea.gov)
Marijuana Policy

New General Social Survey Poll Shows Jump in Support for Legalization. Support for marijuana legalization surged last year, according to new data released by the General Social Survey. The poll has support for legalization at 57% in 2016, up five points from 2014.

Package of Federal Marijuana Reform Bills, Including Legalization, Filed Today. The Congressional Cannabis Caucus flexed its muscles Thursday as members of Congress filed a package of bills aimed at creating a "path to marijuana reform" at the federal level and protecting and preserving marijuana laws in states where it is legal. Two Oregon politicians, Sen. Ron Wyden (D) and Rep. Earl Blumenauer (D) led the charge, announcing a bipartisan package of three bills, including a marijuana legalization bill reintroduced by Rep. Jared Polis (D-CO), as well as a pair of bills aimed at cleaning up "collateral issues" such as taxes, regulation, banking, asset forfeiture, descheduling, research, and protection for individuals. Click on the link to read our feature story and see more about the bills.

Vermont Legalization Bill Hits Snag. The effort to legalize marijuana took a detour Tuesday when the House leadership indefinitely postponed a vote on House Bill 170 after it became apparent it didn't have enough votes to pass. The bill isn't dead, but it has now been sent to the House Human Services Committee, where it will sit until the leadership thinks it has come up with enough votes to pass.

Medical Marijuana

Arkansas Senate Approves Medical Marijuana Tax Bill. The Senate voted 31-1 Wednesday to approve House Bill 1580, which would impose a 4% tax on medical marijuana at each transaction. The tax would be levied on growers' sales to dispensaries and again on dispensaries' sales to individuals. The tax would sunset in 2019 after raising an estimated $3.6 million. The bill had already passed the House, but was sent back there for a concurrence vote after amendments were added in the Senate.

Colorado Legislators Vote to Rein In Medical Marijuana Home Grows. The state Senate voted unanimously Wednesday to approve House Bill 17-1220, which would limit the number of medical marijuana plants grown at a single residence to 12. Under current law, up to 99 plants are allowed. The bill now heads to the governor's desk.

West Virginia Senate Approves Medical Marijuana Bill. The state Senate voted Wednesday night to approve Senate Bill 386, which would allow for the use of medical marijuana for specified medical conditions. The bill now heads to the House of Delegates.

Asset Forfeiture

Justice Department Report Scorches DEA Over Asset Forfeitures. The Justice Department inspector general's office has released a report on DEA cash and asset seizure practices that warns the way DEA operates may pose a risk to civil liberties. The report noted that most seizures result from direct observation by DEA agents or local police, leading to concerns about the potential for racial profiling. The report examined a hundred asset forfeiture cases, and found that fewer than half advanced ongoing investigations. "When seizure and administrative forfeitures do not ultimately advance an investigation or prosecution, law enforcement creates the appearance, and risks the reality, that it is more interested in seizing and forfeiting cash than advancing an investigation or prosecution," the report said.

Drug Policy

Trump Nominates Richard Baum as Acting Drug Czar. The president has nominated Office of National Drug Control Policy (ONDCP -- the drug czar's office) veteran and Georgetown University adjunct professor Richard Baum to be acting drug czar. While some of Baum's remarks over the years have drawn controversy, he is generally viewed by insiders as having a public policy approach as opposed to a drug warrior approach.

Harm Reduction

California Bill to Allow Supervised Injection Sites Advances. A bill that would create a five-year exemption from the state's drug laws to allow for the operation of supervised injection facilities advanced in the Assembly last week. The Assembly Health Committee voted 9-4 to approve Assembly Bill 186. The bill now goes to the Assembly Public Safety Committee.

Bills Filed in DC Today Are "Path to Marijuana Reform" [FEATURE]

This article was published in collaboration with AlterNet and first appeared here.

The Congressional Cannabis Caucus flexed its muscles Thursday as members of Congress filed a package of bills aimed at creating a "path to marijuana reform" at the federal level and protecting and preserving marijuana laws in states where it is legal.

Two Oregon politicians, Sen. Ron Wyden (D) and Rep. Earl Blumenauer (D) led the charge, announcing a bipartisan package of three bills, including a marijuana legalization bill reintroduced by Rep. Jared Polis (D-CO), as well as a pair of bills aimed at cleaning up "collateral issues" such as taxes, regulation, banking, asset forfeiture, descheduling, research, and protection for individuals.

"The federal government must respect the decision Oregonians made at the polls and allow law-abiding marijuana businesses to go to the bank just like any other legal business," Wyden said in a statement. "This three-step approach will spur job growth and boost our economy all while ensuring the industry is being held to a fair standard."

The three bills in the package have not yet been assigned bill numbers, but are:

The Marijuana Revenue and Regulation Act (Regulate Marijuana Like Alcohol Act) -- Remove marijuana from the Controlled Substances Act; impose an excise tax regime on marijuana products; allow for the permitting for marijuana businesses; and regulate marijuana in a manner similar to alcohol.

The Small Business Tax Equity Act -- Create an exception to Internal Revenue Code section 280E that would allow businesses compliant with state laws to claim deductions and credits associated with the sale of marijuana. Currently, under 280E, people and businesses cannot claim deductions or credits for the sale of Schedule I or Schedule II substances. Sen. Rand Paul, R-Kentucky, is a cosponsor of Wyden's Senate bill and Rep. Carlos Curbelo, R-Florida, is sponsoring companion legislation in the House.

Responsibly Addressing the Marijuana Policy Gap Act -- Remove federal penalties and civil asset forfeiture for individuals and businesses complying with state law; ensure access to banking, bankruptcy protection, research and advertising; expunge the criminal records for certain marijuana-related offenses; end requirement for residents of marijuana-legal states to take a marijuana drug test for positions in the federal civil service; and ease barriers for medical marijuana research.

Congressional Cannabis Caucus member Rep. Earl Blumenauer (D-OR) (wikimedia)
The three-bill package is just the latest pot law reform effort in Congress this year. At least five other bills have already been filed, and lawmakers are also planning to reintroduce the Rohrabacher-Blumenauer amendment, which blocked the Justice Department from funding enforcement efforts against state-legal medical marijuana programs, and the McClintock-Polis amendment, which would similarly block enforcement against state-legal adult use programs. That later amendment came up just eight votes short last year.

The moves come against a backdrop of increasing acceptance of marijuana and marijuana legalization. Twenty-nine states now allow marijuana for qualified patients and eight states and the District of Columbia have legalized adult use. Public opinion polls now consistently show pot legalization with majority support; the latest came this week when the General Social Survey pegged support for legalization at 57% in 2016, up five points from just two years earlier.

Groups supporting marijuana legalization pronounced themselves pleased.

"The first time introduction of this particular piece of legislation in the US Senate is another sign that the growing public support for ending our failed war on cannabis consumers nationwide is continuing to translate into political support amongst federal officials," said NORML Executive Director Erik Altieri, "With marijuana legalization being supported by 60% of all Americans while Congress' approval rating is in the low teens, ending our country's disastrous prohibition against marijuana would not just be good policy, but good politics."

Congressional Cannabis Caucus member Rep. Jared Polis (D-CO)
"This is commonsense legislation that will eliminate the growing tension between federal and state marijuana laws," Robert Capecchi, director of federal policies for the Marijuana Policy Project, said in a statement. "Voters and legislatures are rolling back antiquated state marijuana prohibition policies, and it's time for Congress to step up at the federal level. States are adopting laws designed to improve public safety by replacing the illegal marijuana market with a tightly regulated system of production and sales. The federal government should be working to facilitate that transition, not hinder it."

"If we are truly going to move our nation towards sensible marijuana policies, the removal of marijuana from the Controlled Substances Act is paramount. Annually, 600,000 Americans are arrested for nothing more than the possession of small amounts of marijuana and now is the time for Congress to once and for all end put an end to the national embarrassment that is cannabis prohibition," said Justin Strekal, NORML Political Director. "Passing this legislation would end the current conflict between state and federal laws and allow the states to implement more sensible and humane marijuana policies, free from the threat of federal incursion."

Not everybody was happy. Former White House drug policy advisor Kevin Sabet, who now heads the anti-legalization Smart Approaches to Marijuana, told The Cannabist that more marijuana legalization would have negative consequences.

"While we don't want to see folks locked up or given criminal records for smoking pot, we support federal laws against marijuana," Sabet wrote in an e-mail. "We need to end, not expand the special interest big marijuana lobby. We can't ignore the fact that today's legalized marijuana -- and the accompanying industry -- is damaging to public health. States that have legalized marijuana continue to see a black market for the drug, increased rates of youth drug use, continued high rates of alcohol sales and interstate trafficking."

But Sabet's is an increasingly lonely voice in the wilderness.

One Simple Way to Reduce Deadly Heroin and Pain Pill Overdoses

The United States is in the grips of the worst drug overdose crisis ever, with prescription opioids and illicit opiates like heroin killing tens of thousands of people each year, but many of those people aren't dying from opioids alone. Another class of prescription drugs is too often involved.

Those drugs are the benzodiazepines -- with brand names like Valium and Xanax -- and are prescribed by the millions to treat anxiety, They can be deadly on their own, with federal data showing nearly 9,000 fatal benzo ODs in 2015. But here's the kicker: Nearly half of all fatal benzo ODs involve both them and opioids.

And a new study published in the British Medical Journal provides further evidence of the risks of doing benzos and opioids together. That study drew on a sample of more than 300,000 patients continuously enrolled in private health insurance plans between 2001 and 2013, and researchers looked at emergency room visits for drug overdoses among those prescribed only opioids versus those prescribed both opioids and benzos.

The results were dramatic: People prescribed both types of drugs had nearly double the risk of an ER or inpatient visit for a drug overdose. Based on the results, researchers estimated that cutting benzo prescriptions for opioid users reduced the risk of ER visits by 15%. If that figure holds true for overdose deaths, some 2,630 opioid-related overdose deaths could have been prevented in 2015 alone.

The policy implications are clear, said study coauthor and Stanford University drug policy expert Keith Humphreys: Don't prescribe benzos to people being prescribed opioids.

"Even if we didn't change opioid prescribing at all, the data here suggest that we could cut overdoses dramatically just by getting prescribers to not put people on a benzodiazepine at the same time," Humphreys said.

That would require a real shift in prescribing practices. The number of patients in the study being prescribed both benzos and opioids nearly doubled between 2001 and 2013, from 9% to 17%.

Reducing co-prescriptions could be problematic for some patients. If they are suffering both pain and anxiety, they and their doctors will have to work together to decide which issue is most serious and which could be treated with alternatives. But making such tough choices could lead to a reduced risk of fatal overdose.

The BMJ study has its limits. It looked only at legally prescribed benzos and opioids, missing the effects of concurrent use of illicit drugs, and it looked only at ER and inpatient visits, not fatal overdoses. And it only demonstrated correlation, not causation. It's possible some factor other than co-prescribing was driving up overdose rates among study patients, but given that the overdose risks of mixing benzos and opioids are well established, suggesting that co-prescribing them results in increased overdoses is not exactly controversial.

Doctors can do their part to reduce the number of overdose deaths by reducing benzo and opioid co-prescribing, but since much benzo and opioid use occurs outside legal medical channels, users in non-medically supervised settings are also going to have to be keenly aware of the dangers of mixing those drugs. If they are, the evidence suggests they can save some lives.

Medical Marijuana Update

A new study suggests that medical marijuana can reduce opioid abuse, Arkansas and Florida continue to grapple with addressing voter-approved medical marijuana laws, and more.

National

On Monday a new study found that legalized medical marijuana could help curb opiod abuse. A new study reported in the journal Drug and Alcohol Dependence finds that in states with medical marijuana, hospitalization rates for opioid pain pill dependence and abuse dropped by nearly a quarter (23%), while opioid overdose rates dropped by 13%. Researchers had expected to see an increase in marijuana-related visits. "Instead, medical marijuana laws may have reduced hospitalizations related to opioid pain relievers," said study author Yuyan Shi, a public health professor at the University of California, San Diego.

Arkansas

Last Thursday the Senate passed two medical marijuana "fix" bills. The state Senate approved two bills aimed at modifying the state's voter-approved medical marijuana law. The Senate approved House Bill 1400, which would ban the smoking of marijuana anywhere tobacco smoking is banned. That bill now goes to the governor's desk. The Senate also approved Senate Bill 721, which would require dispensaries to appoint a pharmacist director who would be available for consultations with patients during hours the dispensary is open. That bill now heads to the House.

Colorado

Last Wednesday the patient plant limit rose to 24 as a bill limiting home grows advanced. A bill aimed at limiting marijuana home grows has been amended -- again -- in the House Judiciary Committee. In a Wednesday vote, the committee approved raising the plant limit under House Bill 1220 to 24 plants. The bill had originally set the number at 12, but lawmakers then upped the count to 16, and now 24 -- if patients register with the state. The bill now heads for a House floor vote.

Florida

On Tuesday a restrictive medical marijuana bill advanced. While a half-dozen competing measures aim to address the state's voter-approved medical marijuana system, the most restrictive measure advanced in the House on Tuesday. House Bill 1397 would limit growers to the seven currently permitted and bans smoking, vaping, and edibles. It moved out of the Health Quality Subcommittee on a 14-1 vote, but faces two more committee votes before heading for the House floor. None of the five Senate bills addressing medical marijuana have yet had a hearing.

Georgia

On Tuesday a CBD cannabis oil expansion bill passed the House. The House voted 167-4 Tuesday to approve Senate Bill 16, which would add six new qualifying conditions for the use of cannabis oil, including autism, AIDS, Tourette's Syndrome, and Alzheimer's. The state Senate approved the bill last month.

Maine

On Monday Ma bill to make medical marijuana users eligible for organ transplans got a hearing. Legislators heard powerful testimony from patients removed from life-saving organ transplant lists because they used marijuana as they considered Legislative Document 764. The bill would targets the Maine Medical Center, the only transplant center in the state, whose transplant policy states that "use of prescribed or recreational marijuana by any route of administration is absolutely prohibited." No vote was taken, and the bill is scheduled for more hearings next month.

Oklahoma

On Monday the state Supreme Court ruled the former attorney general wrongly changed initiative ballot question wording. Former state Attorney General Scott Pruitt (R), now head of the federal Environmental Protection Agency, changed the ballot title for a medical marijuana initiative in a way that would mislead voters. The original ballot question read: "A yes vote legalizes the licensed use, sale, and growth of marijuana in Oklahoma for medicinal purposes," but Pruitt changed that to: "This measure legalizes the licensed use, sale, and growth of marijuana in Oklahoma. There are no qualifying medical conditions identified." Now, the original language for the 2018 initiative has been restored.

West Virginia

Last Friday a medical marijuana bill advanced. The Senate Health and Human Resources Committee voted to approve Senate Bill 386, the West Virginia Medical Cannabis Act. The bill would create a system of regulated cultivation sites and dispensaries and allow the use of medical marijuana by persons suffering from a list of qualifying conditions. The bill now heads to the Senate Judiciary Committee.

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

Chronicle AM: GA CBD Bill Advances, SD MedMJ & Legalization Inits Pass Hurdle, More... (3/29/17)

South Dakota activists hope the third time's the charm when it comes to medical marijuana initiatives, a Georgia CBD expansion bill advances, the Oklahoma Supreme Court slaps down former Attorney General (now EPA head) Scott Pruitt over medical marijuana ballot language, and more.

Will South Dakota ever approve medical marijuana? Voters could have another chance in 2018. (Flickr)
Marijuana Policy

South Dakota Marijuana Legalization, Medical Marijuana Initiatives Get Attorney General Approval. State Attorney General Marty Jackley (R) has provided required attorney general explanations for two proposed initiatives. A marijuana legalization initiative would allow the possession of up to an ounce and the cultivation of up to five plants, as well as taxed and regulated marijuana commerce, while a medical marijuana initiative would allow patients to possess up to three ounces and grow a minimum of six plants. The initiatives are now ready for signature gathering and both need 13,871 valid voter signatures to qualify for the November 2018 ballot.

Medical Marijuana

Restrictive Florida Medical Marijuana Bill Advances. While a half-dozen competing measures aim to address the state's voter-approved medical marijuana system, the most restrictive measure advanced in the House on Tuesday. House Bill 1397 would limit growers to the seven currently permitted and bans smoking, vaping, and edibles. It moved out of the Health Quality Subcommittee on a 14-1 vote, but faces two more committee votes before heading for the House floor. None of the five Senate bills addressing medical marijuana have yet had a hearing.

Georgia CBD Cannabis Oil Bill Clears House. The House voted 167-4 Tuesday to approve Senate Bill 16, which would add six new qualifying conditions for the use of cannabis oil, including autism, AIDS, Tourette's Syndrome, and Alzheimer's. The state Senate approved the bill last month.

Oklahoma Supreme Court Says Former Attorney General Wrongly Changed Initiative Ballot Question Wording. Former state Attorney General Scott Pruitt (R), now head of the federal Environmental Protection Agency, changed the ballot title for a medical marijuana initiative in a way that would mislead voters. The original ballot question read: "A yes vote legalizes the licensed use, sale, and growth of marijuana in Oklahoma for medicinal purposes," but Pruitt changed that to: "This measure legalizes the licensed use, sale, and growth of marijuana in Oklahoma. There are no qualifying medical conditions identified." Now, the original language for the 2018 initiative has been restored.

Asset Forfeiture

Iowa Senate Approves Civil Asset Forfeiture Reform. The state Senate on Tuesday approved Senate File 446, which would bar the seizure of property valued at less than $5,000 unless there was a prior criminal conviction. The measure also increases the standard of proof required for asset forfeiture from "a preponderance of the evidence" to "clear and convincing evidence." The bill is now in the House, where it must advance by a committee this week to survive.

Law Enforcement

Arizona Senator, Congresswoman File Federal Bill to Increase Penalties for Border "Spotters." US Sen. John McCain (R-AZ) and Rep. Martha McSally (R-AZ) have introduced the "Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act," which would toughen penalties on "spotters" who warn drug and human smugglers about the position of Border Patrol surveillance or officers. The bill would subject such people to up to 10 years in federal prison. The bill is not yet available on the congressional web site.

Chronicle AM: American College of Physicians Says Addiction Not a Moral Failing, More... (3/28/17)

A leading doctors' group comes out for a progressive approach to opioid addiction, new research suggests medical marijuana can reduce opioid-related emergencies and overdoses, the Tennessee legislature slaps down pot decriminalization in Memphis and Nashville, and more.

The ACP sees an opioid crisis and has some progressive approaches. (Creative Commons/Wikimedia)
Marijuana Policy

Tennessee Bill to Block Municipal Decriminalization Passes Legislature. After the state's two largest cities, Memphis and Nashville, passed municipal marijuana decriminalization ordinances, the legislature has struck back. The Senate on Monday approved House Bill 173, which bars cities in the state from crafting marijuana penalties lesser than state law. The measure passed the House last week and now head's for the governor's desk.

Medical Marijuana

Legalized Marijuana Could Help Curb the Opioid Epidemic, Study Finds. A new study reported in the journal Drug and Alcohol Dependence finds that in states with medical marijuana, hospitalization rates for opioid pain pill dependence and abuse dropped by nearly a quarter (23%), while opioid overdose rates dropped by 13%. Researchers had expected to see an increase in marijuana-related visits. "Instead, medical marijuana laws may have reduced hospitalizations related to opioid pain relievers," said study author Yuyan Shi, a public health professor at the University of California, San Diego.

Maine Bill Would Make Medical Marijuana Users Eligible for Organ Transplants. Legislators heard powerful testimony from patients removed from life-saving organ transplant lists because they used marijuana as they considered Legislative Document 764 Monday. The bill would targets the Maine Medical Center, the only transplant center in the state, whose transplant policy states that "use of prescribed or recreational marijuana by any route of administration is absolutely prohibited." No vote was taken, and the bill is scheduled for more hearings next month.

Heroin and Prescription Opioids

American College of Physicians Calls for Opioid Addiction to Be Treated as Chronic Condition, Not Moral Failing. In a position paper in the Annals of Internal Medicine, the American College of Physicians released a comprehensive set of public policy recommendations for the prevention and treatment of substance use disorders that calls for treating addiction as a treatable chronic condition, not a moral failing or criminal activity. The guidelines call for expanded access to the overdose reversal drug naloxone and opioid maintenance therapies, as well as urging physicians to avoid opioids as first-line treatments for most chronic pain and to limit opioids for acute pain to the lowest possible dose for the shortest possible time. And they suggest that it is time to consider drug decriminalization or legalization: "Stakeholders should assess the risks and benefits of removing or reducing criminal penalties for nonviolent offenses involving illicit drugs."

Chronicle AM: Canada Legalization mid-2018?, Christie Named "Drug Commissioner," More... (3/27/17)

Canada says it will legalize marijuana by July 1, 2018; Chris Christie will be named White House "drug commissioner," Illinoisans are ready to legalize weed, and more.

Marijuana Policy

Illinois Poll Has Strong Support for Marijuana Legalization. A new Paul Simon Public Policy Institute poll has support for marijuana legalization at 66% if it is taxed and regulated like alcohol. The poll comes days after legislators filed a marijuana legalization bill, House Bill 2353.

Michigan Legalizers Release 2018 Initiative Draft. Backed by the Marijuana Policy Project, the Michigan Coalition to Regulate Marijuana Like Alcohol has released the latest draft of the cannabis legalization initiative the group hopes to put to voters in November 2018. Under the draft, adults would be able to possess up to 2.5 ounces of pot and grow up to 12 plants, and marijuana commerce would be taxed and regulated. An initiative campaign last year came up just short in signature gathering.

Nevada Bill Would Allow Medical Marijuana Dispensaries to Sell Recreational Weed. State Sen. Tick Segerblom (D-Las Vegas) and Assemblyman Steve Yeager (D-Las Vegas) rolled out Senate Bill 302 last Friday. The bill would allow for an early start to recreational marijuana sales by allowing existing dispensaries to sell to non-patients before the January 1, 2018 deadline set in last fall's voter-approved ballot initiative. The move is aimed at stamping out the black market and allowing the state to get tax revenues. A similar move is afoot at the state Department of Taxation.

Heroin and Prescription Opioids

Maryland Democrats File Pair of Heroin Bills. Some three dozen Democratic General Assembly members gathered last Friday to announce a pair of bills aimed at fighting rising heroin overdoses in the state. Senate Bill 1060, the Start Talking Maryland Act, would require drug education programs to address the high lethality of fentanyl and colleges that teach medical providers to include addiction treatment education. Senate Bill 967, the Heroin and Opiate Prevention Effort (HOPE) and Treatment Act, would require the Department of Health and Mental Hygiene to establish 10 heroin crisis centers around the state, as well as easing access to buprenorphine and naloxone.

Asset Forfeiture

Idaho Legislature Gives Final Approval to Asset Forfeiture Reform Bill. The House last Friday gave final approval to House Bill 172, which would limit civil asset forfeiture to cases involving drug trafficking -- not simple possession -- and would clarify that simply being in possession of large amounts of cash is not evidence drug trafficking. The House had approved the bill earlier, but had to have a final concurrence vote after amendments were added in the Senate. The bill now goes to the governor's desk.

New Mexico Bill That Would Have Directed Seized Funds to Cops Dies. A bill that would have diverted seized assets from the state general fund and given them to law enforcement agencies handling the cases has died in the House, and the cops are unhappy. Senate Bill 202 had passed the Senate unanimously, but couldn't get out of the House Judiciary Committee. "I'm utterly disgusted," said Pecos Valley Drug Task Force Commander James McCormick. "That's just takes away another avenue we have to thwart drug dealing. The money we used to get, we don't have any more."

Drug Policy

Jared Kushner's White House "SWAT Team" Will Include Chris Christie as Drug Commission Chair. The White House "SWAT team" to be led by presidential son-in-law Jared Kushner and aimed at streamlining policy-making will include an official drug commission to be chaired by New Jersey Gov. Chris Christie (R). The commission will emphasis combating opioid abuse, a favorite theme for Trump.

Law Enforcement

New Hampshire Senate Approves Funding More Troopers to Fight Cross-Border Drugs. The state Senate voted overwhelmingly last Thursday to spend nearly $4.5 million over the next two years to hire five new state troopers to wage war on the state's opioid epidemic by targeting traffic from Massachusetts, expand the "Granite Hammer" program counts to local law enforcement, and pay for overtime for specialized enforcement units such as the State Police and Narcotics Investigation Unit. The measure, Senate Bill 131, is now headed for the House, where it is expected to pass.

NYPD Cop Who Killed Ramarley Graham Quits. Graham, 18, was shot and killed in 2012 by Officer Richard Haste after he fled into his own apartment bathroom and was trying to flush a small amount of marijuana down a toilet. Haste avoided criminal charges for the killing, but a departmental trial found him guilty of violating department policies and he was facing firing when he decided to turn in his badge and gun.

International

Canada Will Legalize Marijuana By July 1, 2018. The governing Liberals will announce legislation next month to legalize marijuana, with the new law set to go into effect on Canada Day -- July1 -- next year. The legislation will set 18 as the age limit for legal use and set up a legal, regulated, and taxed system of marijuana commerce. People who want to grow their own will be limited to four plants. [Update: The government's point man on legalization has called this date "highly speculative." Hat tip: Marijuana Moment.]

Legal Marijuana: The Sky is (Probably) Not Falling [FEATURE]

This article was produced in collaboration with AlterNet and first appeared here.

Barrels of ink have been spilled over the prospect that the Trump administration could attempt to turn back the clock when it comes to legal marijuana, but for all the wailing and gnashing of teeth out there, marijuana industry insiders, advocates, and activists don't seem all that worried.

Jeff Sessions loathes marijuana, but is going after it the best use of DOJ resources? (senate.gov)
"I don't think there's any more reason to be scared than to be hopeful at this point," said Mason Tvert, Denver-based communications director for the Marijuana Policy Project. "The administration has not changed its marijuana policy, and there is reason to believe it may maintain the existing policy or adopt a similar one that respects states' laws regulating marijuana."

"Marijuana is one of the least of my concerns with the Trump administration," said Dale Gieringer, coauthor of the pioneering 1996 Prop 215 medical marijuana initiative and long-time head of California NORML. "That's the first time I've been able to say that, but I just don’t see where there's any percentage in them going after marijuana. The polls are on our side, and they can't enforce the law."

The industry, too, seems to think that there's not really that much to fear from the Trump administration.

"We are in a posture of cautious optimism," said Taylor West, communications director for the National Cannabis Industry Association (NCIA). "We're definitely not taking anything for granted -- it's quite clear that Sessions has really strong personal opposition to the industry -- but we are encouraged by the intense pushback, not just from the industry, but from elected officials, regulators, and lawmakers from both sides of the aisle. That is probably the most powerful signal to the Justice Department that dramatic changes to current policy would cause them a lot of problems."

West pointed to the strong reaction from state officials in marijuana-legal and medical marijuana states, as well as support from federal lawmakers and not just Democrats. She cited Nevada US Sen. Dean Heller as an example of a Republican lawmaker siding with the industry over the administration.

"They are speaking up because the industry and individual businesses and consumers have spoken up as their constituents and taught them about the industry and what we stand far and why we deserve respect from the federal government," she said.

And the marijuana money people appear largely unperturbed, too. In a report released Thursday, Arcview Market Research projected that the industry is going to continue to boom regardless of what happens in Washington, with revenues of nearly $7 billion this year and an astounding projected annual growth rate of 27% through 2021.

"While the uncertainty created by the mixed signals coming out of the administration may cause a temporary dip in some valuations of cannabis companies and some more risk-averse institutional investors and multinational companies may continue to stay on the sidelines, it won't impact the growth of the market much at all," said Troy Dayton, CEO of Arcview Market Research. "No matter what the administration does, states will continue to issue cannabis licenses to a long line of applicants and licensed cannabis outlets will continue to have long lines of consumers ready to purchase this product from regulated establishments."

Maintaining the Status Quo

Legal marijuana could be a $7 billion industry by 2021. (Creative Commons/Wikimedia)
Medical marijuana is now legal in more than half the states and adult recreational use is legal in eight, including the entire West Coast. Some early enforcement actions notwithstanding, the Obama administration largely turned a blind eye to state-legal but federally-illegal marijuana. The Obama Justice Department adhered to the Cole memorandum, a 2013 "guidance" to federal prosecutors that essentially limited them to going only after legal marijuana operations that crossed specified lines: selling to minors, diverting product to non-legal states, being involved in violence or other trafficking, and the like.

Medical marijuana states at least are also protected by the Rohrabacher-Farr amendment, which bars the Justice Department from using federal funds to go after state-compliant medical marijuana operations. A similar measure, the McClintock-Hollis amendment, would have extended that same shield to the adult-legal states, but came up just short in the last Congress. Both amendments will be offered again this year.

"Jeff Sessions doesn't like marijuana -- that much is clear -- but that's not the question," MPP's Tvert argued. "The question is whether he believes limited federal resources should be used to interfere in state marijuana laws. As of right now, there's no reason to believe that's the case."

Tvert pointed to Sessions' seeming acceptance of the Cole memo, as well as a memo Sessions sent to federal prosecutors last month telling them to go after "the worst of the worst" and violent crime.

"State licensed and regulate marijuana businesses are by no means violent or the 'worst of the worst,'" Tvert noted. "They want to go after cartels and violent criminals and focus on serious crime, so why force marijuana back into the underground market?"

"President Trump said states should be able to determine own marijuana policies, and he also had strong support for legal access to medical marijuana, and we haven't heard anything new from him on it," said Tvert. "But again, it's not a question of the president's personal views, but of what the federal laws are and the realities of enforcement. Sessions has said on multiple occasions that the federal government cannot effectively enforce federal prohibition in states where it is legal."

The view was not quite as sanguine from Washington, DC, where national NORML has its offices.

"As far as the industry goes, even the threat of a crackdown by the Justice Department has a chilling effect," said Justin Strekal, NORML political director and lobbyist. "While medical marijuana is protected under Farr-Rohrabacher, the adult use economy has no such protections -- at least for now."

"The Cole memo is just a piece of paper," Strekal said, "and there is nothing stopping Sessions from just throwing it away, as the Heritage Foundation has called for him to do. But the Justice Department has no way to force states to recriminalize marijuana in decrim or legal states. The worst case would be that the adult use states are rolled back to a situation where there is no way to have a legal distribution system, but local law enforcement is not going to be enforcing federal marijuana prohibition."

Where apprehension about the direction of Trump administration pot policy is having a real impact right now is in causing politicians to think twice about legalization in states that are considering it, Strekal said.

"We're hearing feedback from legislators in Connecticut and Maryland saying that the attorney general's comments are acting as a road block, while in Georgia, we just saw a defelonization bill defeated. The mere presence of a Reefer Madness-era Jeff Sessions is frightening off potential supporters of ending prohibition."

Still, Bad Things Could Happen

If Congress blocks funding, DEA can't go after legal marijuana (sort of). (justice.gov/dea)
While an oppositional Trump administration may retard the expansion of legal marijuana in the states, the status quo of a fifth of the country living under legalization and more than half with access to medical marijuana appears unlikely to be rolled-back. But that doesn't necessarily mean a free ride for legal weed.

"There could be some sort of federal action against some adult use facility or grower or cultivation company whose product is found to have gone across state lines in quantity, or something like that," CANORML's Gieringer offered. "Like if you have a situation where Nebraska complains, maybe that could stir up pressure in the Justice Department. But that's the most I expect. I could be wrong, though."

"Since Colorado started its licensing program, there's always been a fear that the Justice Department would just bring a lawsuit saying the state is participating in an ongoing conspiracy to distribute a Schedule I drug," Gieringer observed. "They had their chance and they didn't do it. If they tried it now, they will have taken away hundreds of millions of dollars from Colorado and potentially billions from other states and leave anarchy. They can't enforce the marijuana laws anyway; it's a drain on federal resources to even try."

"A federal injection is a potential threat, but it was a potential threat six months ago, too," said MPP's Tvert. "It's still a question of resources. If that were to happen, marijuana would continue to be legal, but the federal government would be preventing states from controlling its production and sale. That would be a real serious problem."

But Tvert warned that the heavy hand of the federal government could still reach out and slap someone down.

"Sean Spicer said they would have greater enforcement, and that could mean anything," he said. "They could be planning to more rigorously enforce the laws against people not in compliance with state laws, there could be more enforcement against illegal actors, they could push states to strengthen their regulations to prevent interstate trafficking. They perhaps could encourage states to increase funding to law enforcement to investigate illegal activity. There is plenty they could do without interfering with the legal market."

The Fightback Against Rollback Will Only Grow Stronger

The advent of a potential hostile Trump administration isn't changing the way NORML does business, Strekal said.

"We're continuing to do what we've always done and act as a grassroots consumer advocacy group," he explained. "We have 150 chapters and we're engaging as an advocacy group at every level of government from city councils to state legislatures to the federal government. At the federal level, we're very encouraged by the formation of the congressional cannabis caucus. We've been working with them to host a few events."

"This moment in time, where there is a lot of uncertainty at the federal level, is the kind of moment the NCIA was created for," said West. "We've been building relationships and allies in DC around industry issues, so when we need those allies, we have them."

Like MPP, the NCIA has a full-time staff lobbyist in Washington. It also works with another DC-based lobbying firm to work the Hill, and with legislators and elected officials.

"You've been able to see, through our work and the work of others, a very strong pushback from people who previously wouldn't have been in favor of the marijuana industry," West said. "The federal government can try to enforce marijuana prohibition in states where it is legal, but it doesn't really have the personnel to do that without the full cooperation of state and local law enforcement. If states are resisting that crackdown, which elected officials have said they would do, it becomes very difficult, if not impossible."

Legal marijuana is on guard, but it's not running away from a fight. The question for the Trump administration becomes whether this is a fight worth fighting.

Chronicle AM: AZ Init Would Legalize All Drugs, DE Legal MJ Bill Coming, More... (3/24/17)

An Arizona initiative would legalize all drugs, Delaware will see a marijuana legalization bill this year, a West Virginia medical marijuana bill advances, and more.

A Spanish court has refused to convict a man of drug trafficking for importing coca leaf. (YouTube)
Marijuana Policy

Arkansas Attorney General Rejects Marijuana Legalization Initiative Proposal. Attorney General Leslie Rutledge has rejected a proposed marijuana legalization initiative, saying the ballot title is ambiguous and that "a number of changes or additions" are needed "to more fully and correctly summarize" the proposal. The initiative came from Larry Morris of West Fork and would allow for the possession, cultivation, production, distribution, and sale of marijuana in the state.

Delaware Legalization Bill Coming. State Sen. Margaret Rose-Henry (D-Wilmington) is preparing a marijuana legalization bill that she says has support from law enforcement. "Law enforcement wants this bill. I'm pleased to tell you that there are police officers who think this is a good thing that we are going to reduce their having to arrest people who don't need to be arrested," said Rose-Henry. She is currently putting the finishing touches on the bill, she said.

Tennessee House Approves Bill to Undo Nashville's Decriminalization. The House on Thursday approved a bill that would take away Nashville's ability to issue civil citations for small amounts of marijuana instead of arresting people for it. House Bill 173 passed the House 65-28 and now goes to the Senate.

Medical Marijuana

Arkansas Senate Passes Two Medical Marijuana "Fix" Bills. The state Senate on Thursday approved two bills aimed at modifying the state's voter-approved medical marijuana law. The Senate approved House Bill 1400, which would ban the smoking of marijuana anywhere tobacco smoking is banned. That bill now goes to the governor's desk. The Senate also approved Senate Bill 721, which would require dispensaries to appoint a pharmacist director who would be available for consultations with patients during hours the dispensary is open. That bill now heads to the House.

Colorado Patient Plant Limit Rises to 24 as Bill Advances. A bill aimed at limiting marijuana home grows has been amended -- again -- in the House Judiciary Committee. In a Wednesday vote, the committee approved raising the plant limit under House Bill 1220 to 24 plants. The bill had originally set the number at 12, but lawmakers then upped the count to 16, and now 24 -- if patients register with the state. The bill now heads for a House floor vote.

West Virginia Medical Marijuana Bill Advances. The Senate Health and Human Resources Committee voted Friday to approve Senate Bill 386, the West Virginia Medical Cannabis Act. The bill would create a system of regulated cultivation sites and dispensaries and allow the use of medical marijuana by persons suffering from a list of qualifying conditions. The bill now heads to the Senate Judiciary Committee.

Industrial Hemp

West Virginia Hemp Bills Head for Floor Votes. Both the House and the Senate sent hemp-related measures to floor votes in their respective chambers Wednesday. The Senate Agriculture Committee advanced Senate Resolution 35, which calls on Congress to distinguish between hemp and marijuana by THC threshold. Meanwhile, the House Judiciary Committee advanced House Bill 2453, which would allow the state agriculture commissioner discretion to issue commercial hemp production licenses.

Drug Policy

Arizona Groups Files Initiatives to Legalize Marijuana, All Drugs. An organization called RAD Final has filed a pair of initiatives relating to drug policy. Initiative I-13-2018 would legalize all drugs and forbid government from taxing or regulating them, while I-14-2018 would legalize marijuana alone. Initiative organizers would have to gather 150,642 valid voter signatures for each initiative by July 2018 to qualify for the 2018 ballot.

Drug Testing

West Virginia Employee Drug Testing Bill Advances. A bill that would let employers require employees to undergo suspicionless drug tests passed the House of Delegates on Thursday. House Bill 2857. The bill now goes to the Senate.

International

Spanish Court Acquits Man of Importing Coca Leaf. The provincial court of Girona has acquitted a Colombian man of drug trafficking charges for importing coca leaf. The decision came after the defense presented evidence and testimony about the historical, cultural, social and medicinal value of the coca leaf.

Chronicle AM: IL Legal MJ Bill Filed, CA Bill Bars Helping Feds Attack Legal MJ, More... (3/23/17)

Illinois lawmakers want to see marijuana legalization; California lawmakers want to protect marijuana legalization, and more.

Marijuana Policy

California Bill Would Block Cops From Aiding Federal Pot Crackdown. Six Democratic legislators have filed Assembly Bill 1578, which would bar state and local law enforcement from cooperating in any federal enforcement activities aimed at state-legal marijuana operations. "Prohibiting our state and local law enforcement agencies from expending resources to assist federal intrusion of California-compliant cannabis activity reinforces… the will of our state's voters who overwhelmingly supported Proposition 64," said Assemblyman Reggie Jones-Sawyer (D-Los Angeles), the lead author of the new bill.

Illinois Lawmakers File Legalization Bill. A group of Chicago Democratic legislators have filed a marijuana legalization bill by amending an existing bill, House Bill 2353. The measure would legalize the possession of up to an ounce by adults (a half-ounce for non-residents), set up a system of legal marijuana manufacture and distribution $50 per 28 grams on all cannabis flowers, and give state regulators 180 days to get a system up and running.

Law Enforcement

Supreme Court Rules Lawsuit From Man Jailed Over Bottle of Vitamins Can Advance. An Illinois man jailed for two months after police claimed the pills in his vitamin bottle were ecstasy despite lab tests that showed they weren't can continue to pursue his federal civil rights claim, the US Supreme Court ruled Tuesday. Elijah Manuel, who is black, said officers pulled over the vehicle in which he was riding, falsely claimed they smelled marijuana, screamed racial slurs, then claimed their field drug test indicated his vitamins were ecstasy. Police continued to hold him in jail even after other tests verified the pills were not ecstasy until prosecutors eventually dropped the case. "No evidence of Manuel's criminality had come to light in between the roadside arrest and the county court proceeding initiating legal process; to the contrary, yet another test of Manuel's pills had come back negative in that period," according to the opinion. "All that the judge had before him were police fabrications about the pills' content. The judge's order holding Manuel for trial therefore lacked any proper basis. And that means Manuel's ensuing pretrial detention, no less than his original arrest, violated his Fourth Amendment rights."

International

Vietnam Sentenced Nine to Death for Drug Trafficking. A court in Hoa Binh province sentenced nine men to death for trafficking more than a thousand pounds of heroin in a trial that ended Tuesday. Vietnam sentences dozens of people to death each year; about a third of them for drug offenses.

This Week's Corrupt Cops Stories

A Cleveland jail guard gets caught trying to smuggle heroin to an accused rapist, a Border Patrol veteran heads to prison for trying to traffic cocaine, and more. Let's get to it:

In Cleveland, a Cuyahoga County jail guard was arrested last Wednesday on charges he was smuggling heroin in to an accused rapist. Corrections Officer Kamara Austin, 43, went down after investigators found heroin and pills in his car. He is charged with second-degree drug trafficking, drug possession, and possession of criminal tools. At last report, he was still behind bars on $250,000 bond.

In Casper, Wyoming, a Converse County detention officer was arrested last Thursday after a snitch told authorities he would be delivering oxycodone. Detention Officer Joe Martinez, 37, went down when he went to meet his buyer -- the snitch -- and was instead met by detectives, who found a pill bottle with 10 oxycodone tablets. He is charged with drug possession with intent to deliver.

In Tucson, Arizona, a former Border Patrol agent was sentenced last Friday to more than 13 years in federal prison for trying to drive what he thought was 110 pounds of cocaine from Tucson to Chicago for $50,000. The "cocaine" wasn't real cocaine, but a dummy substance placed there by an undercover law enforcement officer as part of a sting. Juan Pimentel, 48, was convicted of drug smuggling and accepting a bribe from drug traffickers.

Medical Marijuana Update

Busy, busy. Lawmakers in Arkansas and North Dakota try to "fix" medical marijuana initiatives, New York chronic pain patients can now use medical marijuana, a CBD compromise is reached in Georgia, and more.

Arizona

Last Thursday, the Court of Appeals upheld limits on PTSD recommendations. The state court of appeals ruled that the Department of Health Services was acting legally when it decided that doctors could only recommend medical marijuana for "palliative care" for PTSD. The department argued there was no evidence showing marijuana could actually cure people of PTSD. The department also limited recommendations to people who were already being treated for PTSD. An Arizona medical marijuana nurses group filed suit against the restrictions, but now the court has ruled against them.

Arkansas

Last Wednesday, a bill to ban edibles and public smoking won a committee vote. A bill that would bar medical marijuana patients from consuming edibles or from smoking their medicine in public was approved by the House Rules Committee. But the measure, House Bill 1400, faces an uphill battle to win final approval because any changes to the voter-approved medical marijuana law require a two-thirds vote to pass.

Last Friday, the bill passed the House. The House voted to approve House Bill 1400, which would prohibit the smoking of medical marijuana anywhere tobacco smoking is prohibited. The bill passed 88-0. Under the bill, knowingly smoking medical marijuana in the presence of a pregnant woman would be prohibited. The measure also prohibits those under 21 from smoking medical marijuana. A bill that would have banned smoking medical marijuana at all has already died in the Senate.

On Monday, the House killed a bill banning edibles. The House voted 52-40 to kill House Bill 1991, which would have banned the commercial production of medical marijuana edibles in the state. Bill sponsor Rep. Robin Lundstrum (R-Springdale) argued that patients could make their own and that medical marijuana is medicine, not candy, but her arguments failed to sway her peers.

Georgia

Last Thursday, lawmakers reached a compromise on a CBD cannabis oil bill. Lawmakers appear to have reached an agreement that would add six illnesses and conditions to the state's list of qualifying medical conditions, allow the use of CBD cannabis oil in hospice care, and keep the allowable level of THC in cannabis oil at 5% or less. That means Senate Bill 16 should now be able to pass out of the House Human Services Committee and head for a House floor vote.

Massachusetts

Last Thursday, bills to protect patients' employment rights filed. Even as the state Supreme Court heard a case on employment rights for medical marijuana patients, two bills alive in the state legislature would do just that. Rep. Frank Smizik (D-Brookline) has introduced House Bill 2385, which would explicitlyprotect the rights of a medical marijuana patient to use the drug without facing discrimination in hiring, firing or terms of employment. The bill would also protect medical marijuana patients from discrimination in education, housing and child welfare and custody cases. That bill is currently before the Committee on Marijuana Policy. A similar bill was filed last sessions, but didn't pass. A second bill, House Bill 113, is aimed mostly at updating state law to bring it in line with the Americans With Disabilities Act, but one provision clarifies that employers cannot take adverse employment action against someone for using medical marijuana. That bill is before the Joint Committee on Children, Families, and Persons with Disabilities.

Nebraska

Last Wednesday, a medical marijuana bill got a charged hearing. At a hearing in the Judiciary Committee, law enforcement, the state attorney general's office, and the state's top doctor all came out in opposition to a medical marijuana bill, Legislative Bill 622, but legislators also heard emotional testimony in favor of the bill from Army veterans and others who said they would benefit from access to medical marijuana. Five of the bill's sponsors sit on the eight-member Judiciary Committee, so the bill is likely to make it to a House floor vote, where opposition has killed similar measures in past years.

Last Friday, the bill headed for a floor vote. The legislature's Judiciary Committee voted 6-1to advance Legislative Bill 622, which would bring medical marijuana to the Cornhusker state. The bill would authorize cultivation, manufacture, and distribution of medical marijuana products, but would ban smoking the herb or allowing patients to grow their own. The bill is opposed by Gov. Pete Ricketts (R), as well as the state's law enforcement establishment.

Nevada

On Monday, a bill was filed to let medical marijuana patients carry guns. State Sen. Kevin Atkinson (D-Las Vegas) filed Senate Bill 351. That measure would allow medical marijuana users to possess a firearm and a concealed carry permit. Current state law requires sheriffs to deny such permits for medical marijuana users.

New Hampshire

On Monday, Na Senate committee approved the use of medical marijuana for Ehrlers-Danlos syndrome. The Senate Health, Human Services, and Elderly Committee has approved a bill that would add Ehlers-Danlos syndrome to the state's list of qualifying conditions for medical marijuana. The measure now heads for a Senate floor vote. If it passes there, the House will take it up.

New York

Last Thursday, the Health Department said New Yorkers suffering chronic pain will be able to use medical marijuana starting this week. After announcing in December that it planned to add chronic paid to its list of qualifying conditions for medical marijuana, the Health Department said patients could start getting recommendations for chronic pain beginning Wednesday. The department also announced that physicians' assistants can now recommend medical marijuana. "Improving patient access to medical marijuana continues to be one of our top priorities, as it has been since the launch of the program," Health Commissioner Howard Zucker said in a statement. "These key enhancements further that goal."

North Dakota

On Tuesday, advocates threatened a lawsuit or new initiative in the face of legislative meddling. The head of the committee that ran the state's successful medical marijuana initiative campaign warned legislators that they could face a legal challenge or even another initiative campaign if they don't back away from changes contemplated in Senate Bill 2344, which has already passed the Senate. That measure bars patients and caregivers from growing their own plants and restricts the use of smoked medical marijuana to cases where a physician attests that no other form of marijuana would be effective. The comments came from Rilie Ray Morgan as he testified before the House Human Services Committee.

Tennessee

On Tuesday, a medical marijuana bill was prounounced dead. Rep. Jeremy Faison (R-Crosby) said that his medical marijuana bill, House Bill 495, is dead because senators were afraid to vote for it. "The Senate, bless their heart, are just scared to death of their voters," Faison said Tuesday after the House Health Committee shelved the bill and instead approved a non-binding marijuana-related resolution to study the issue over the summer.

Utah

On Tuesday, advocates announced plans for a 2018 initiative. Medical marijuana advocates are gearing up to try to put an initiative on the state's 2018 ballot. They said they would begin the process of signature gathering next month, and they cite promising polling. The state legislature has so far thwarted efforts to create a robust medical marijuana program.

Virginia

Last Thursday, the governor signed a bill legalizing pharmacy distribution of CBD and THC-A oil. Gov. Terry McAuliffe (D) signed Senate Bill 1027 into law. The bill allows for companies to manufacture and provide CBD cannabis oil and THC-A oil for the treatment of epilepsy and provides for its distribution through pharmacies.

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

Chronicle AM: VT Legalization Bill Advances, ID Senate Approves Forfeiture Reform, More... (3/22/17)

Legalization bills are still alive in Rhode Island and Vermont, Idaho (!) is on the verge of passing civil asset forfeiture reform, North Dakota activists are threatening to strike back if the legislature messes too much with the state's new voter-approved medical marijuana law, and more.

Marijuana legislation is on the move in Montpelier. (Creative Commons/Wikimedia)
Marijuana Policy

Rhode Island Legislators Say They Have Votes to Legalize Marijuana. Two state legislators who have spearheaded the effort to legalize marijuana said on Tuesday they have majority support in both chambers to pass marijuana legalization -- if the legislative leadership allows the bills to get to a vote. Rep. Scott Slater (D-Providence), sponsor of House Bill 5555, and Sen. Joshua Miller (D-Cranston), sponsor of companion measure Senate Bill 420, said at a press conference said the House bill is sponsored by one-third of House members and the Senate bill by 15 of 38 senators, and that others don't want to support the bill publicly, but have pledged their private support. Both bills are currently before their respective judiciary committees.

Vermont Legalization Bill Wins Committee Vote. The House Judiciary Committee approved a marijuana legalization bill on an 8-3 vote Wednesday. House Bill 170 would allow adults to possess and grow small amounts of marijuana, but does not contemplate legal marijuana commerce. The bill now heads for a House floor vote.

Medical Marijuana

North Dakota Advocates Threaten Lawsuit or New Initiative in Face of Legislative Meddling. The head of the committee that ran the state's successful medical marijuana initiative campaign warned legislators Tuesday that they could face a legal challenge or even another initiative campaign if they don't back away from changes contemplated in Senate Bill 2344, which has already passed the Senate. That measure bars patients and caregivers from growing their own plants and restricts the use of smoked medical marijuana to cases where a physician attests that no other form of marijuana would be effective. The comments came from Rilie Ray Morgan as he testified before the House Human Services Committee.

Tennessee Medical Marijuana Bill Dies. Rep. Jeremy Faison (R-Crosby) said Tuesday that his medical marijuana bill, House Bill 495, is dead because senators were afraid to vote for it. "The Senate, bless their heart, are just scared to death of their voters," Faison said Tuesday after the House Health Committee shelved the bill and instead approved a non-binding marijuana-related resolution to study the issue over the summer.

Hemp

Texas Hemp Bill Filed. Rep. Bill Zedler (R-Arlington) has filed House Bill 3587, which would legalize the production and processing of industrial hemp for commercial purposes. The bill would direct the state Agriculture Department to set up a licensing and regulation program for hemp.

Asset Forfeiture

Idaho Senate Approves Civil Asset Forfeiture Reform. The state Senate on Tuesday unanimously approved House Bill 172, which would limit civil asset forfeiture to cases involving drug trafficking -- not simple possession -- and would clarify that simply being in possession of large amounts of cash is not evidence drug trafficking. The bill has already passed the House, but must now go back for a concurrence vote after the Senate amended by heightening reporting requirements, among other things.

Chronicle AM: Pot SWAT Raids Kill More People Than Pot, Aussie Bigwigs Call for Decrim, More... (3/21/17)

The New York Times reports on fatal SWAT drug raids, Australian former premiers and police chiefs call for drug decriminalization, medical marijuana keeps statehouses busy, and more.

Medical marijuana is keeping state legislatures busy. (Creative Commons/Wikimedia)
Marijuana Policy

Colorado Poll Shows Support for Plant Limits. A new Keating Research poll has support for limiting home marijuana grows to 12 plants at 57%, with only 36% opposed. The poll comes as lawmakers consider House Bill 1220, which originally imposed a 12-plant limit, but was amended to up the limit to 16 plants. That bill has already passed the House and is now before the Senate.

Medical Marijuana

Arkansas House Votes to Kill Bill Banning Edibles. The House voted 52-40 Monday to kill House Bill 1991, which would have banned the commercial production of medical marijuana edibles in the state. Bill sponsor Rep. Robin Lundstrum (R-Springdale) argued that patients could make their own and that medical marijuana is medicine, not candy, but her arguments failed to sway her peers.

Nevada Bill Would Let Medical Marijuana Patients Carry Guns. State Sen. Kevin Atkinson (D-Las Vegas) filed Senate Bill 351 Monday. That measure would allow medical marijuana users to possess a firearm and a concealed carry permit. Current state law requires sheriffs to deny such permits for medical marijuana users.

New Hampshire Senate Committee Approves Use of Medical Marijuana for Ehlers-Danlos Syndrome. The Senate Health, Human Services, and Elderly Committee has approved a bill that would add Ehlers-Danlos syndrome to the state's list of qualifying conditions for medical marijuana. The measure now heads for a Senate floor vote. If it passes there, the House will take it up.

Utah 2018 Medical Marijuana Initiative Drive Gearing Up. Medical marijuana advocates are gearing up to try to put an initiative on the state's 2018 ballot. They said they would begin the process of signature gathering next month, and they cite promising polling. The state legislature has so far thwarted efforts to create a robust medical marijuana program.

Law Enforcement

Marijuana Raids Kill More People Than Pot Ever Did. According to data compiled by the New York Times, since 2010, at least 20 SWAT raids involving suspected marijuana dealers have resulted in deaths, including those of four police officers. The toll for all drug SWAT raid deaths is, of course, higher, with 81 people killed, including 13 cops.

International

Australian Police Chiefs, Former Premiers Call for Drug Decriminalization. A group of former premiers, police commissioners, and legal advocates have called for an end to the criminalization of drug users. The call comes in the Australia 21 report, which was released Monday. The report, titled "Can Australia Respond to Drugs More Effectively and Safely," makes 13 recommendations for reducing drug-related harms, such as supervised drug use rooms and other harm reduction measures, but also called for eliminating penalties for possession and drug use.

Chronicle AM: StoptheDrugWar.org in Philippines Controversy, MA Legalization, More... (3/20/17)

StoptheDrugWar.org draws the ire of the Duterte regime in Manila, Vermont's pot legalization bill gets a needed extension, a federal bill to create a National Commission on Criminal Justice is filed, and more.

David Borden's coordination of a video criticizing Philippines Pres. Duterte is making waves in Manila. (YouTube)
Marijuana Policy

Massachusetts Legislature Begins Grappling With Legal Marijuana. The legislature's effort to diddle with voter-approved marijuana legalization began in earnest Monday as the Joint Committee on Marijuana Policy held hearings featuring the state treasurer, gaming commission chairman, representatives of the attorney general's office, and legalization advocates. Some 44 bills have been filed to restrict, delay, or otherwise modify the initiative that passed last November. Further hearings on the general topic are already scheduled, but hearings for the individual bills have not.

Vermont Legalization Bill Misses Deadline, But Gets One-Week Extension. The legalization bill, House Bill 170, missed a Friday deadline for bills to emerge from committee, but House and Senate leaders agreed to give the bill a one-week extension to try to get out of the House Judiciary Committee. The committee had been scheduled to vote on the bill last Wednesday, but abruptly removed the vote from its schedule, suggesting that House leaders weren't confident it would pass out of committee. The bill would legalize the possession of up to an ounce of marijuana by adults, but would not allow for legal marijuana commerce.

Medical Marijuana

Arizona Appeals Court Upholds Limit on PTSD Recommendations. The state court of appeals ruled last Thursday that the Department of Health Services was acting legally when it decided that doctors could only recommend medical marijuana for "palliative care" for PTSD. The department argued there was no evidence showing marijuana could actually cure people of PTSD. The department also limited recommendations to people who were already being treated for PTSD. An Arizona medical marijuana nurses group filed suit against the restrictions, but now the court has ruled against them.

Arkansas Bill to Ban Smoking Medical Marijuana Where Cigarettes Are Banned Passes House. The House voted last Friday to approve House Bill 1400, which would prohibit the smoking of medical marijuana anywhere tobacco smoking is prohibited. The bill passed 88-0. Under the bill, knowingly smoking medical marijuana in the presence of a pregnant woman would be prohibited. The measure also prohibits those under 21 from smoking medical marijuana. A bill that would have banned smoking medical marijuana at all has already died in the Senate.

Nebraska Medical Marijuana Bill Heads for Floor Vote. The legislature's Judiciary Committee voted 6-1 last Friday to advance Legislative Bill 622, which would bring medical marijuana to the Cornhusker state. The bill would authorize cultivation, manufacture, and distribution of medical marijuana products, but would ban smoking the herb or allowing patients to grow their own. The bill is opposed by Gov. Pete Ricketts (R), as well as the state's law enforcement establishment.

Virginia Governor Signs Bill Legalizing Pharmacy Distribution of CBD and THC-A Oil. Gov. Terry McAuliffe (D) signed Senate Bill 1027 into law last Thursday. The bill allows for companies to manufacture and provide CBD cannabis oil and THC-A oil for the treatment of epilepsy and provides for its distribution through pharmacies.

Hemp

Arkansas Industrial Hemp Bill Wins Committee Vote. The House Agriculture, Forestry, and Economic Development unanimously approved a bill to allow the production of hemp. House Bill 1778 now goes to the House floor.

Drug Policy

Federal Bill Would Make All Controlled Substance Analogs Schedule I Controlled Substances. US Sen. John Hoeven (R-ND) last week filed Senate Bill 683, which would "treat all controlled substance analogues, other than chemical substances subject to the Toxic Substances Control Act, as controlled substances in schedule I regardless of whether they are intended for human consumption." The actual bill text is not yet available on the congressional web site.

Drug Testing

Nevada Welfare Drug Testing Bill Filed. State Sen. Michael Roberson (R-Las Vegas) has filed a bill that would require applicants for welfare, food stamps, and other public assistance to undergo a suspicionless saliva drug test. If the saliva test is positive, a follow-up urine test could be used to verify the result. Senate Bill 298 has been referred to the Committee on Health and Human Services.

Law Enforcement

Federal Bill Filed to Create National Criminal Justice Commission. Rep. Ted Deutch (D-FL) has filed House Resolution 1607, which would create a national criminal justice commission. The text of the bill is not yet available on the congressional website.

International

StoptheDrugWar.org Makes Filipino News With Veep's Video Criticizing Duterte's Drug War. StoptheDrugWar.org executive director David Borden is at the center of a controversy in the Philippines over a video message to the UN from Vice President Leni Robredo criticizing President Rodrigo Duterte's bloody drug war, which has led to some 8,000 deaths since Duterte took office last year. Duterte supporters accused Stopthedrugwar.org of timing the video release to bolster an impeachment complaint filed against Duterte last week, but Borden said that was not the case. "The vice president's office did not make any requests of us as to timing or any other matters. We released it a few days before the session as a media strategy to draw attention to Pres. Duterte's atrocities," said Borden.

UN Commission on Narcotic Drugs Adds Fentanyl Precursors to Controlled Substances List. The CND voted last Thursday to add two chemicals used to make fentanyl to the list of internationally controlled substances under UN anti-drug treaties. Putting the chemicals on the list will ensure closer monitoring of fentanyl orders and transactions and would make it more difficult for illicit fentanyl producers to access those chemicals.

Chronicle AM: DEA Says CO Not New Crackdown, Tunisia Easing Cannabis Penalties, More... (3/17/17)

Yesterday's DEA raids in Colorado do not signal a new crackdown, the agency says; Georgia CBD cannabis oil legislation looks set to advance, Rand Paul reintroduces a federal asset forfeiture reform bill, and more.

Marijuana Policy

DEA Raids Targeting Illicit Colorado Pot Distribution Ring Hit 20 Locations. The DEA and state and local law enforcement agencies raided at least 20 sites Thursday in a crackdown aimed at what it called a "large-scale illegal marijuana grow and distribution operation." DEA said the operation was selling exclusively outside of Colorado, which would have put it under DEA scrutiny even under the Obama administration's policy or largely letting states do their own thing. The DEA said Thursday's raids were not part of a new crackdown.

Medical Marijuana

Georgia Lawmakers Reach Compromise on CBD Cannabis Oil Bill. Lawmakers appear to have reached an agreement that would add six illnesses and conditions to the state's list of qualifying medical conditions, allow the use of CBD cannabis oil in hospice care, and keep the allowable level of THC in cannabis oil at 5% or less. That means Senate Bill 16 should now be able to pass out of the House Human Services Committee and head for a House floor vote.

New Yorkers Suffering Chronic Pain Will Be Able to Use Medical Marijuana Starting Next Week. After announcing in December that it planned to add chronic paid to its list of qualifying conditions for medical marijuana, the Health Department said Thursday patients could start getting recommendations for chronic pain beginning next Wednesday. The department also announced that physicians' assistants can now recommend medical marijuana. "Improving patient access to medical marijuana continues to be one of our top priorities, as it has been since the launch of the program," Health Commissioner Howard Zucker said in a statement. "These key enhancements further that goal."

Hemp

Arizona Hemp Bill Advances. The House Land, Agriculture, and Rural Affairs Committee approved Senate Bill 1337 Thursday. The measure would authorize industrial hemp production and explicitly does not require federal approval. The bill has already passed the Senate, but it still faces votes in the House Rules and House Appropriations committees before heading for a House floor vote.

Asset Forfeiture

Rand Paul Files Federal Asset Forfeiture Reform Bill (Again). US Sen. Rand Paul (R-KY) has reintroduced Senate Bill 642, the Fifth Amendment Integrity Restoration (FAIR) Act. The bill would target and limit federal civil asset forfeiture. Paul introduced the same bill last year. A companion measure, House Resolution 1555, has been filed in the House by Rep. Tim Walberg (R-MI).

International

Tunisia to Ease Marijuana Penalties Beginning Monday. For years, anyone caught with any amount of cannabis faced a mandatory minimum jail term, but the National Security Council said Wednesday that beginning next week, first offenders caught with cannabis will be pardoned as soon as judgement is pronounced. The council action comes as legislation that would have pardoned the first two possession offenses remains tied up in parliament.

Chronicle AM: Philippines Prez in Hot Seat Over Drug War, WV Legalization Bill, More... (3/16/17)

The Philippines' bloody-handed president is facing harsh criticism as the UN Commission on Narcotic Drugs meets in Vienna, West Virginia gets a marijuana legalization bill, New York City Mayor Bill de Blasio rolls out a plan to fight opioid addiction and overdoses, and more.

Filipino President Rodrigo Duterte is under attack at home and abroad over drug war abuses. (The Fix)
Marijuana Policy

West Virginia Legalization Bill Filed. Delegate Sean Hornbuckle (D-Cabell County) introduced House Bill 3035 Tuesday. The bill would tax and regulate marijuana like alcohol. It has been sent to the House Health and Human Resource Committee. If it gets through there, it must then go to the House Judiciary Committee before heading for a House floor vote.

Medical Marijuana

Arkansas Bill to Ban Edibles, Public Smoking Wins Committee Vote. A bill that would bar medical marijuana patients from consuming edibles or from smoking their medicine in public was approved Wednesday by the House Rules Committee. But the measure, House Bill 1400, faces an uphill battle to win final approval because any changes to the voter-approved medical marijuana law require a two-thirds vote to pass.

Massachusetts Bills Would Protect Patients' Employment Rights. Even as the state Supreme Court Thursday heard a case on employment rights for medical marijuana patients, two bills alive in the state legislature would do just that. Rep. Frank Smizik (D-Brookline) has introduced House Bill 2385, which would explicitlyprotect the rights of a medical marijuana patient to use the drug without facing discrimination in hiring, firing or terms of employment. The bill would also protect medical marijuana patients from discrimination in education, housing and child welfare and custody cases. That bill is currently before the Committee on Marijuana Policy. A similar bill was filed last sessions, but didn't pass. A second bill, House Bill 113, is aimed mostly at updating state law to bring it in line with the Americans With Disabilities Act, but one provision clarifies that employers cannot take adverse employment action against someone for using medical marijuana. That bill is before the Joint Committee on Children, Families, and Persons with Disabilities.

Nebraska Medical Marijuana Bill Gets Charged Hearing. At a hearing in the Judiciary Committee Wednesday, law enforcement, the state attorney general's office, and the state's top doctor all came out in opposition to a medical marijuana bill, Legislative Bill 622, but legislators also heard emotional testimony in favor of the bill from Army veterans and others who said they would benefit from access to medical marijuana. Five of the bill's sponsors sit on the eight-member Judiciary Committee, so the bill is likely to make it to a House floor vote, where opposition has killed similar measures in past years.

Heroin and Prescription Opioids

New York City Mayor Reveals Plans to Fight Opioid Addiction. Mayor Bill de Blasio said Monday that the city planned to spend as much as $38 million a year on a broad array of measures aimed at reducing opioid addiction and overdoses. Among the measures mentioned were expanded methadone and buprenorphine treatment, the distribution of the overdose reversal drug naloxone to all 23,000 city patrol officers, a focus on city hospitals on dealing with addiction and overdoses, and increased prosecution of opioid dealers. De Blasio mentioned outreach, treatment, and law enforcement, but not harm reduction.

International

Bolivia Says It Does Not Need US or European Help to Fight Drug Trafficking. Bolivian Vice President Alvaro Garcia Lima said Wednesday that his country doesn't need help or advice from the US or Europe on its coca policies or its fight with drug traffickers. "We fight against drug trafficking with Bolivian money, we do not depend on the European Union (EU) to fight against drug trafficking. Before when we depended on the United States, Bolivia received about USD $100 million. We have set aside that aid," he said. Garcia Lima's remarks came in response to European Union criticism of a new Bolivian law nearly doubling legal coca cultivation. The EU suggested that perhaps its aid to Bolivia should be "refocused." Garcia Lima retorted that Bolivia is "not begging money" from the EU.

Philippines Vice-President Condemns Duterte's Drug War. In an interview with Time magazine ahead of a speech set for Thursday at the Commission on Narcotic Drugs in Vienna, Philippine Vice President Leni Robredo condemned President Rodrigo Duterte's bloody drug war and said she was "inspired" by growing opposition to it. She also said she was "encouraged" that the international community is speaking out. "We hope that in the next few months we, together with the international community, can convince the current administration to focus its efforts in ending human-rights violations and extrajudicial killings," she said. "In addition, let us work together to strengthen the existing accountability mechanisms in the Philippines in order for us to have those responsible brought to justice. We hope that we can persuade the administration to concentrate more on the bigger war we are facing -- the war on poverty."

Philippines Lawmaker Files Impeachment Complaint Against Duterte, Cites Drug War Killings. Philippines Rep. Gary Alejano has filed an impeachment complaint against President Rodrigo Duterte, calling for his removal for high crimes, abuses of power, and betrayal of public trust. The complaint lists drug-related murders, the operation of death squads while Duterte was mayor of Davao City, and conflicts of interest among the impeachable offenses. Pro-Duterte lawmakers said the complaint "will not fly," but Alejano was undaunted. "Our goal with this complaint is to be a vehicle for Filipinos to have a voice to oppose and fight against the abuses and crimes of President Duterte," Alejano told a televised news conference. "We know it's an uphill battle... but we believe that many will support this."

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