Drug War Chronicle

comprehensive coverage of the War on Drugs since 1997

Chronicle AM: Ethan Nadelmann Steps Down at DPA, Seattle Approves Safe Injection Sites, More... (1/30/17)

The leader of the nation's largest drug reform group steps down, Maine becomes the eighth legal pot state, Seattle approves safe injection sites -- and isn't asking federal approval -- and more.

Thanks you all you've done, Ethan! (Open Society Institute)
Marijuana Policy

Maine Becomes Eighth State to Eliminate Marijuana Possession Penalties. The personal possession and cultivation provisions of the Question 1 legalization initiative went into effect Monday. Adults may now possess up to 2.5 ounces of marijuana and cultivate up to six plants and keep the harvest without any criminal penalty. Marijuana sales won't come until next year.

Maine Governor Signs Bill Delaying Implementation of Legal Marijuana Commerce. Gov. Paul LePage (R) last Friday signed into law LD 88, which delays the onset of retail pot sales for a year. LePage had threatened to veto the bill unless it included $1.6 million to fund the costs of creating rules and regulations and unless it transferred oversight of the industry from the agriculture department to the Bureau of Alcoholic Beverages and Lottery Operations. The bill did neither of those things, but he signed it anyway.

Maryland Legalization Bill Coming. Lawmakers were set to announce today plans for a pair of bills related to marijuana legalization. One would make it legal for adults and regulate it like alcohol; the other would enact taxes on legal, non-medical marijuana. The state decriminalized pot possession in 2014.

South Dakota Bill Would End "Internal Possession" Charge for Pot. State Rep. David Lust (R-Rapid City) and Sen. Justin Cronin (R-Gettysburg) last week introduced Senate Bill 129, which would no longer make it legal for someone to have marijuana in their system. Under current state law, people who test positive for marijuana can be charged with "unlawful ingestion" or "internal possession," a misdemeanor.

Medical Marijuana

Arkansas Lawmaker Files Bill to Ignore State Voters' Will Until Federal Law Changes. State Sen. Jason Rapert (R-District 18) last week filed a bill that would delay the voter-approved medical marijuana law until marijuana is legal under federal law. The measure is Senate Bill 238, which has been referred to the Senate Committee on Public Health, Welfare, and Labor.

Utah Lawmakers Scale Back Medical Marijuana Plans. Legislators said last Friday they were retreating from plans to expand the state's CBD-only medical marijuana law and will instead call for more research. They also said they wanted to see what the Trump administration was going to do before they moved forward with a broader medical marijuana bill.

Drug Policy

Ethan Nadelmann Steps Down as Head of the Drug Policy Alliance. "The time has come for me to step aside as executive director of the Drug Policy Alliance," Nadelmann wrote in a letter last Friday to DPA staff announcing his resignation. "This is just about the toughest decision I've ever made but it feels like the right time for me personally and also for DPA. It's almost twenty-three years since I started The Lindesmith Center and approaching seventeen years since we merged with the Drug Policy Foundation to create DPA. We've grown from little more than an idea into a remarkable advocacy organization that has built, led and defined a new political and cultural movement." Click on the link to read the whole letter.

Maine Governor Wants to Ban Welfare Benefits for Drug Felons. As part of his budget proposal, Gov. Paul LePage is calling for a ban on food stamps and cash assistance for anyone convicted of a drug felony in the past two decades. He also wants to try again to pass a welfare drug test law. Similar efforts by LePage and the Republicans have failed in the past.

Drug Testing

Montana Woman Faces Felony Charge for Trying to Beat Drug Test. A Helena woman on probation who tried to pass off someone else's urine as her own to beat a drug test is now facing a felony charge of tampering with or fabricating evidence. Jessica McNees said she wouldn't have done it if she knew she faced a felony charge.

Indiana Legislator Files Bill to Criminalize Fake Urine. State Rep. Greg Beumer (R-Modoc) has filed a bill that would make it a misdemeanor crime to distribute, market, sell or transport synthetic urine with the intent to defraud an alcohol, drug or urine screening test. The measure is House Bill 1104.

Harm Reduction

Seattle Approves Nation's First Supervised Injection Facilities. The city of Seattle and surrounding King County have approved setting up "Community Health Engagement Locations," better known as supervised injecting sites, for injection drug users in a bid to reduce the associated harms. The city and county are not seeking prior federal approval and acknowledge that the federal government could intervene, but say they are confident it won't. Two such sites will be set up.

International

Colombian Government and FARC Announce Coca Substitution, Eradication Plans. The government and the leftist rebels of the FARC announced plans eradicate and provide substitute crops for some 125,000 acres of coca plants. President Juan Manuel Santos and the FARC leadership agreed on the plan as part of a peace agreement to end a civil war running since 1964. "The goal is to replace approximately 50,000 hectares of illicit crops during the first year of implementation in more than 40 municipalities in the most affected departments," the government and the rebels said in a joint statement.

Colombia Coca Producers March Against Crop Eradication, Substitution Program. Coca producers have taken to the streets to protest against the new program, undertaken jointly by the Colombian government and the FARC. "The areas with coca cultivations are isolated areas, with simple people, good workers," said Edgar Mora, leader of a coca growers' union. "Rural people haven't found an alternative to cultivating coca because if they cultivate other products they'll lose money and they don't find profitability in the legal products the government talks about."

Chronicle AM: Israel Moves Toward Marijuana Decrim, ND&WY May Lower MJ Penalties, More.. (1/26/17)

It's all weed news today, even from the Middle East. State legislatures are taking up marijuana-related bills, and Israel is moving to decriminalize it.

Marijuana Policy

Maine Legalization "Fix" Bill Passes Legislature. Both the House and the Senate approved LD 88 Wednesday. The bill now goes to the governor's desk. The most significant provision of the bill is a delay on retail operations by three months, into early 2018.

New Mexico Lawmakers Begin Push for Legalization Bills. Democratic lawmakers Wednesday announced a push to win approval of marijuana legalization via House Bill 89 and a yet-to-be-filed Senate companion bill. The bill would regulate marijuana commerce and apply a 15% state sales tax, with localities given the option of adding another 5%. "We create jobs, we create economic activity and we create revenues for the state," said Sen. Gerald Ortiz y Pino (D-Albuquerque) who plans to introduce the Senate version of the bill later this week. "It is one way this state has, and I think one of the most promising ways, to get back on track economically."

North Dakota Bill to Reduce Pot Penalties Filed. State Rep. Rick Becker (R-Bismarck) has filed House Bill 1340, which would reduce, but not eliminate, criminal penalties for using or selling marijuana small amounts of marijuana. Under current law, violators face up to three years in prison and a $3,000 fine. Under the bill, that would drop to one year and a $1,000 fine. The bill would make some marijuana-related offenses infractions instead of misdemeanors.

Vermont Push for Legalization Begins. Supporters of marijuana legalization gathered at the state house Wednesday for a press conference to kick off their effort to legalize it there this year. That's the Vermont Coalition to Regulate Marijuana, including representatives from Vermonters for Criminal Justice Reform, ACLU-VT, and the Marijuana Policy Project. "Massachusetts, Maine, and six other states have made marijuana legal for adult use," said Matt Simon, New England Political Director for the Marijuana Policy Project. "It makes no sense for Vermont to continue punishing adults for using a substance that is safer than alcohol. Lawmakers should move swiftly to eliminate penalties for adult possession and limited home cultivation. They can then work to implement a reasonably regulated system that will take marijuana sales out of the illicit market."

Wyoming Bill to Lessen Marijuana Penalties Filed. A bipartisan group of legislators is sponsoring House Bill 157, which would not decriminalize pot possession, but would make the maximum penalty for possession of less than three ounces a $200 fine. Under current law, violators face up to a year in jail and a $1,000 fine.

Medical Marijuana

New Hampshire Legislators Discuss Adding More Qualifying Conditions. The House Human Services, Health, and Elderly Affairs committee heard testimony on a series of bills that would add chronic pain, opioid addiction, fibromyalgia and post-traumatic stress disorder qualifying conditions to receive medical marijuana. The bills are sponsored by Rep. Joseph Lachance (R-Manchester), a medical marijuana card holder since 2015 who says "cannabis saved my life."

International

Israel Moves to Decriminalize Marijuana Use. Israeli Public Security Minister Gilad Erdan announced Thursday that he supports the decriminalization of marijuana use after the Justice Ministry called for decriminalization. It's not a done deal yet, though; the new policy will require the cabinet's approval. Erdan was head of a panel that recommended decriminalization, and now he has signed on to its conclusions.

This Week's Corrupt Cops Stories

Maybe we should call this "This Week's Corrupt Prison Guards," since we have a trio of those bad boys, and an extremely sticky-fingered Louisiana sheriff's deputy. Let's get to it:

In Crowley, Louisiana, a former deputy's theft of funds was upgraded in an audit Monday. Maxine Trahan had been charged last April with stealing in excess of $25,000 in cash seized in drug busts, but a new audit from the state's Legislative Auditor says she actually stole $194,500. Trahan, who was the sheriff's office's spokesperson, began the pilferage in 2003, but it wasn't detected until last year. Theft and related charges are pending.

In Concord, New Hampshire, a federal prison guard was indicted January 11 for allegedly taking bribes to smuggle drugs and cell phones into the federal prison in Berlin. Latoya Sebree is accused of receiving payments in return for bringing contraband including prescription drugs, synthetic cannabinoids, and suboxone to prisoners. She is charged with bribery of a public official and providing contraband to an inmate in a federal prison.

In Montgomery, Alabama, a state prison guard was arrested Sunday after being caught carrying drugs as he came to work. Antwan Dandre Giles, 27, got nailed carrying over an ounce of meth, marijuana, synthetic cannabinoids, oxycodone, hydrocodone, and buprenorphine, and Xanax. He is charged with possession of marijuana, trafficking in illegal drugs, and five counts of unlawful possession of a controlled substance.

In Columbus, Georgia, a former Stewart County prison guard was sentenced last Thursday to six months in prison for smuggling marijuana to inmates at the county jail. James Royal, 43, smuggled the pot into the jail and then had prisoners' families pay him via Western Union money transfers. It's not clear what the precise charge was.

Medical Marijuana Update

The Illinois treasurer asks Trump for clarity on banking for the medical marijuana industry, North Dakota legislators work to ensure workers' compensation won't pay for medical marijuana for injured employees, and more.

Arkansas

On Monday, Athe legislature approved changes to the state's new medical marijuana law. With the state Senate's approval Monday, House Bill 1058 now goes to the governor. It passed the House last week. The bill removes a requirement that doctors declare the benefits of medical marijuana outweigh the risk to the patient. It also specifies that patient information submitted to qualify for medical marijuana is "confidential," but would not be considered "medical records" subject to the Health Information Privacy Protection Act.

On Tuesday, the governor signed a pair of medical marijuana "fix" bills. Gov. Asa Hutchinson (R) signed into law two bills aimed at modifying the state's new, voter-approved medical marijuana law. House Bill 1026 will extend the deadline for rulemaking from 120 days to 180 days, and House Bill 1058 removes the requirement that doctors certify in writing that the help benefits of marijuana would outweigh the risks to the patient.

Illinois

On Monday, the state treasurer asked Trump for clarity on banking for the medical marijuana industry. State Treasurer Michael Frerichs sent a letter to President Trump urging him to give clear guidance to the banking industry on marijuana. Frerichs said currently federal law makes it difficult for legal businesses to get loans and restricts customers to cash-only transactions.

North Dakota

On Monday, the House approved a bill preventing workers' comp from paying for medical marijuana. The House overwhelmingly approved House Bill 1156. Passed in response to voters' approval of a medical marijuana initiative in November, the bill prevents the state Workforce Safety and Insurance agency from paying for medical marijuana to treat a workplace injury. Legislators said marijuana remains illegal under federal law.

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

Chronicle AM: NFL Players Want Less Punitive MJ Approach, Israel MedMJ Research, More... (1/25/17)

NFL players want the league to ease up on weed, an Oregon bill seeks to declare a kratom "emergency" and study whether to ban it, the Israelis are funding medical marijuana research, and more.

Oregon is the second state this year to see moves toward banning kratom at the statehouse. It's happening in Florida, too.
Marijuana Policy

NFL Players Association Will Propose Less Punitive Approach to Pot. The NFLPA is working on a proposal to change the league's drug policy to take a softer line on marijuana. The association will take the proposal its board of representatives first, and if the board approves it, on to the league. Currently, players are subject to fines or suspensions for using marijuana, whether recreationally or medicinally.

Medical Marijuana

Arkansas Governor Signs Medical Marijuana "Fix" Bills. Gov. Asa Hutchinson (R) signed into law two bills aimed at modifying the state's new, voter-approved medical marijuana law. House Bill 1026 will extend the deadline for rulemaking from 120 days to 180 days, and House Bill 1058 removes the requirement that doctors certify in writing that the help benefits of marijuana would outweigh the risks to the patient.

Kratom

Oregon Bill Would Declare Emergency, Study Whether to Ban Kratom. The state Senate Interim Committee on the Judiciary has filed a measure, Senate Bill 518, which would declare a kratom "emergency" in the state and direct the state Board of Pharmacy to conduct a study to see if the plant and its derivatives should be scheduled as a controlled substance under state law. The DEA is currently weighing a similar move on the federal level, but has run into stiff opposition from users and advocates.

Heroin and Prescription Opioids

Maryland Governor Rolls Out Package to Fight Heroin. Gov. Larry Hogan (R) unveiled a package of proposals to deal with heroin and prescription opioid use in the state. He wants strict limits on doctors' ability to write prescriptions for opioids, stiff penalties for sellers of those drugs, and a new "command center" to coordinate the official response. In other states where such measures have been proposed, doctors have objected loudly to politicians placing legal limits on the care they provide. Democrats in the legislature are working on their own package of measures, but have released no details.

Drug Testing

New York Bill Would Require Drug Testing Children Whose Parents Get Arrested for Drugs. A bill named after an infant who died of a drug overdose would require hair follicle testing of children if their parent or guardian has been arrested on a drug charge. Kayleigh Mae's Law is not yet on the legislative website. Kayleigh Mae Cassell was found to have been given cocaine and heroin by her mother and live-in boyfriend, both of whom have pleaded guilty in her death.

International

Israel Will Fund Research for Medical Marijuana Crops. The Ministry of Agriculture and Rural Development will fund medical marijuana research in what it says is a pioneering step to aid researchers in developing a new generation of medical marijuana products. The ministry and the Health Ministry have allocated $2.1 million US for the project.

Chronicle AM: More State Forfeiture Bills, Colombia Drug Farmers Organizing, More... (1/24/17)

Colorado high court rules cops don't have to give your legal weed back if they seize if, changes in the Arkansas medical marijuana law go to the governor, there's more asset forfeiture activity in the states, Colombia's drug crop growers organize, and more.

Asset forfeiture abuses are leading to corrective efforts in more and more states. (Creative Commons/Wikimedia)
Marijuana Policy

Colorado Supreme Court Says Cops Don't Have to Give Seized Marijuana Back. The state Supreme Court ruled Monday that police cannot be forced to return marijuana to a defendant acquitted of pot crimes, because that would cause them to violate the federal Controlled Substances Act. "The return provision requires law enforcement officers to return, or distribute, marijuana," the decision says. "Thus compliance with the return provision necessarily requires law enforcement officer to violate federal law." Three justices disagreed, however, saying that the CSA "immunizes federal and state officers from civil and criminal liability in the circumstances at issue here." But they lost.

Virginia Bill to End Drivers' License Suspension for Possession Advances. A bill that would undo an existing state law requiring the suspension of drivers' licenses for people convicted of pot possession was approved by the Senate Courts of Justice Committee Monday. The measure, Senate Bill 1091 still need approval from the full chamber.

Texas Judge Recommends No Punishment for Teacher Who Smoked Pot in Colorado. A teacher who admitted legally consuming marijuana while in Texas should not face any legal or professional penalty, an administrative judge has ruled. The Texas Education Agency sought to suspend the teacher's license for two years after she handed in a urine sample that tested positive for marijuana. The judge found that the teacher was not "unworthy to instruct" and that there was no evidence to suggest she was under the influence of marijuana while teaching. The TEA will have to make a final decision.

Medical Marijuana

Arkansas Legislature Approves Changes to Medical Marijuana Law. With the state Senate's approval Monday, House Bill 1058 now goes to the governor. It passed the House last week. The bill removes a requirement that doctors declare the benefits of medical marijuana outweigh the risk to the patient. It also specifies that patient information submitted to qualify for medical marijuana is "confidential," but would not be considered "medical records" subject to the Health Information Privacy Protection Act.

Illinois State Treasurer Asks Trump for Clarity on Banking for Medical Marijuana Industry. State Treasurer Michael Frerichs said Monday he sent a letter to President Trump urging him to give clear guidance to the banking industry on marijuana. Frerichs said currently federal law makes it difficult for legal businesses to get loans and restricts customers to cash-only transactions.

North Dakota House Approves Bill Preventing Worker's Comp from Paying for Medical Marijuana. The House overwhelmingly approved House Bill 1156 Monday. Passed in response to voters' approval of a medical marijuana initiative in November, the bill prevents the state Workforce Safety and Insurance agency from paying for medical marijuana to treat a workplace injury. Legislators said marijuana remains illegal under federal law.

Kratom

Florida Kratom Ban Effort Gets Senate Companion Bill. Rep. Kristin Jacobs' (D) lonely crusade to ban kratom is not quite as lonely today. Democratic state Sen. Darryl Rouson has filed Senate Bill 424, which, like Jacobs' House bill, would add the active ingredients in kratom to the state's list of controlled substances.

Asset Forfeiture

Alaska Civil Asset Forfeiture Reform Bill Filed. State Rep. Tammie Wilson (R-North Pole) has filed House Bill 42, which would end civil asset forfeiture by requiring law enforcement obtain a criminal conviction before property is seized. "This has to do with the belongings that are taken," Wilson said. "They still can seized. But now there will be a process for those who were not involved to be able to get their items back without a lengthy proceeding and have to get an attorney to be able to do that."

Oklahoma Asset Forfeiture Bill Coming Back. State Sen. Kyle Loveless (R-Oklahoma City) will once again file asset forfeit legislation this year. The bill would require convictions before asset forfeiture unless the property is valued at more than $50,000, if the person denies any connection to the property, or is deported or otherwise unavailable. Similar efforts in past years have been blocked by strong law enforcement lobbying efforts.

Wisconsin Asset Forfeiture Bill Filed. A bipartisan group of lawmakers is preparing an asset forfeiture reform bill that would require a criminal conviction before any seizure takes place, that any seizure be proportional to the offense, and that proceeds from forfeitures be directed to state general funds, and not law enforcement. The bill is not yet available on the legislative website.

Drug Testing

North Dakota Welfare Drug Testing Bill Filed. State Sen. Tom Campbell (R-Grafton) has filed Senate Bill 2279, which would require the state Department of Human Services to develop a procedure for testing welfare applicants suspected of illegal drug use. The bill would deny benefits for a year to applicants who refuse a drug assessment, refuse a drug test, or don't participate in a treatment program. Similar legislation has been introduced the last three sessions. The Department of Human Services does not support it.

International

Colombia Coca, Opium, and Marijuana Farmers to Form Association. The growers are planning to found the National Coordinator of Coca, Marijuana, and Opium Growers to try "to forge a common negotiating front with the government to influence any potential agreements on drug control that come as a result of peace talks with the Revolutionary Armed Forces of Colombia (FARC). The organization would have national reach and appears to be an effort to create a political coalition with the aim of directly negotiating with the government. Notably, such a coalition could form a future political support base for an eventual FARC political party. By linking the future of a FARC party to the issue of forceful eradication, which the group would almost assuredly oppose, the pace of eradication in Colombia could end up slowing even further," Stratfor reported.

Chronicle AM: MA Bills Subvert Legalization Init, OR MJ Bill Protects Workers, More... (1/23/17)

A Democratic Massaschusetts state senator is out to seriously undercut the state's new, voter-approved marijuana legalization law, an Oregon bill seeks to protect marijuana users' employment rights, El Chapo gets extradited to the US, and more.

Marijuana Policy

DC Activists Hand Out 8,000 Joints for Trump Inauguration. The same folks who brought you legal marijuana in the District were on hand Friday for the inauguration of the incoming president. DCMJ activists handed out nearly double the promised 4,200 joints they promised. A good time was had by all. "Oh yeah, there's 10,000 people who showed up for free marijuana today, so it's really busy," DCMJ founder Adam Eidinger said. "The goal is really to get Donald Trump talking about marijuana, to show the tremendous support. To show that you can have Trump supporters and non-Trump supporters together in unity."

Arizona Decriminalization, Legalization Bills Filed. State Rep. Mark Cardenas (D-Phoenix) filed a bill to decriminalize pot possession (House Bill 2002) and one to legalize marijuana (House Bill 2003). Previous similar bills have never won even a committee hearing, but the state's felony marijuana possession law may finally be out of step with the times enough to give the decrim bill a hearing.

Hawaii Marijuana Legalization Bill Filed.Speaker of the House Joseph Souki (D-District 8) has filed House Bill 205, which "authorizes persons 21 years of age or older to consume or possess limited amounts of marijuana for personal use. Provides for the licensing of marijuana cultivation facilities, product manufacturing facilities, safety testing facilities, and retail stores" and "applies an excise tax on transactions between marijuana establishments."

Maryland Appeals Court Upholds Search Based on Pot Smell, Despite Decriminalization. Even though the possession of small amounts of pot has been decriminalized in the state, the state's highest court has ruled that it remains a banned substance and thus give police probable cause to search a vehicle if they smell it. "Simply put, decriminalization is not synonymous with legalization, and possession of marijuana remains unlawful," Court of Appeals Judge Shirley M. Watts wrote in a unanimous opinion issued Friday. Defendants had argued that police should be required to cite factors leading them to believe the amount they smelled was greater than the 10 grams decriminalized under state law. But the court didn't buy that argument.

Massaschusetts Bills Would Gut Legalization Law. Hardline marijuana foe state Sen. Jason Lewis (D-Winchester) has filed legislation that would deeply curb the ability of state residents to possess and grow marijuana and threaten the ability of recreational pot shops to begin selling a full range of products next year. Lewis would delay the ability of pot shops, now set to open in July 2018, to sell edibles and concentrates for at least two more years, and he would dramatically increase the ability of local governments to reject marijuana businesses. Under the legalization law, they must go to the voters, but Lewis's legislation would undo that. Groups that led the successful November legalization initiative are vowing a vigorous fightback. His package of 14 bills was filed last Friday, the last day to do so.

Oregon Bill to Prevent Pot Smokers From Getting Fired Filed. State Rep. Ann Lininger (D-Lake Oswego) has filed Senate Bill 301, which would override a state Supreme Court decision saying employers can fire marijuana users even though it is legal in the state. The bill would bar employers from requiring workers or prospective workers to "refrain from using a substance that is lawful to use under the laws of this state during nonworking hours."

Virginia Legislators Punt on Decriminalization Bills. A state Senate committee Monday refused to approve a pair of decriminalization bills, instead opting to delay them while the Virginia State Crime Commission studies decriminalization. The bills were Senate Bill 1269 from Sen. Adam Ebbin (D-Alexandria) and Senate Bill 908 from Sen. Louise Lucas (D-Portsmouth).

Asset Forfeiture

Illinois Bill Would End Civil Asset Forfeiture. State Rep. Al Riley (D-Hazel Crest) has filed House Bill 468, which would prohibit the state from seizing property without a criminal conviction. The measure would also block prosecutors from doing an end run around state law by passing cases off to the feds, who then return 80% of the money to the law enforcement agency involved. The bill has been referred to the House Rules Committee.

Drug Policy

California Bill Would Protect Immigrants from Deportation in Low-Level Drug Cases. Assemblywoman Susan Talamantes Eggman (D-Stockton) Monday filed a bill to shield immigrants from deportation for minor drug offenses -- as long as they seek drug treatment or counseling. The bill would adjust state law so that defendants without prior convictions within the last five years could enroll in drug treatment before entering a guilty plea and have those charges wiped from their record upon successful completion. That would prevent them from being considered drug offenders eligible for deportation under federal law. Gov. Jerry Brown (D) vetoed a similar bill last year. The bill is not yet available on the legislative website.

Drug Testing

Missouri College Appeals to US Supreme Court Over Student Drug Testing. Linn State Technical College has appealed to the Supreme Court to overturn federal appeals court rulings that its program requiring mandatory drug testing of all incoming students is unconstitutional. The college has lost at just about every turn in this case, with a federal district court judge issuing an injunction to block implementation of the program, and the 8th US Circuit Court of Appeals rejecting mass, suspicionless drug testing. The appeals court did allow the college to impose testing on students in five safety-sensitive programs.

International

El Chapo Extradited to the US. Longtime Sinaloa Cartel leader and repeat Mexican prison escapee Joaquin "El Chapo" Guzman was extradited to the US last Thursday to face drug and other charges in New York City. "The government of the republic today delivered Mr. Guzmán to the authorities of the United States of America," the Mexican foreign ministry said in a statement.

German MPs Vote to Approve Medical Marijuana. The lower house of parliament last Thursday approved a measure legalizing the medicinal use of marijuana. The law limits the use of medical marijuana to "very limited exceptional cases" and patients will not be allowed to grow their own. Instead medical marijuana will be imported until state-supervised grow operations are set up in Germany.

North Americans Are Spending Nearly as Much on Weed as They Do on Wine

Move over, Napa Valley, there's a new kid on the block. When it comes to spending on mind-altering substances, Americans and Canadians are shelling out just about as much for marijuana as they do for wine.

The bud of the herb is catching up with the fruit of the vine. (Wikimedia/Creative Commons)
In its executive summary of a yet-to-be-released report, Arcview Marijuana Research pegs the size of the North American marijuana market -- legal and illegal -- at $53.3 billion, which puts it roughly even with the market in wine. According to Statista, US retail wines sales sit at $55.8 billion, and Canadian government figures put sales there at $3.2 billion.

Weed has not yet overtaken wine, but it's damned close. And this is happening in a marijuana market that is still mostly illegal. Yes, Canada will legalize marijuana, but it hasn't done so yet. And yes, more than half the states allow medical marijuana and eight of them have legalized it for adults, but illegal sales still account for 87% of the market, according to Arcview.

For Arcview CEO Troy Dayton, the huge illegal market is not a bane, but a boon.

"The enormous amount of existing, if illicit, consumer spending sets cannabis apart from most other major consumer-market investment opportunities throughout history," he explained. "In contrast to comparable markets with fast growth from zero to tens of billions in recent decades such as organic foods, home video, mobile, or the internet, the cannabis industry doesn’t need to create demand for a new product or innovation -- it just needs to move demand for an already widely-popular product into legal channels."

As the adult use markets in the newest legal US states (California, Maine, Massachusetts, and Nevada) and Canada are established, Arcview predicts the illegal market's share of total sales to decline. The legal market should grow from $6.9 billion last year to $21.6 billion by 2021. But even then, Arcview says, the black market will still account for two-thirds of all sales.

That's because black market operators in states that have not legalized even medical marijuana, not to mention recreational weed, will continue to thrive on an "illegality premium" or "prohibition tax" built into black market prices with no competition from legal operators.

Conversely, state-legalized sales also include an illegality premium due to federal law, and businesses are unable to reap the efficiencies of scale that fully legal businesses are able to. The marijuana prices of tomorrow may be markedly lower than the marijuana prices of today, which could mean a smaller market eventually if measured by dollars spent, even if it is larger in terms of number of customers.

Stil the marijuana market is huge by any meausre, and it's not going away -- despite what happens in Washington, DC. That's something to ponder as you sip your Chablis.

Warning Signs: Trump and Human Rights

The following statement was distributed this morning by Human Rights Watch. One of the issues it touches on is the Philippines drug war killings and the president-elect's troubling conversation with the mass murderer president of the Philippines. (We are doing work related to the Philippines situation that will be announced in the near future. Human Rights Watch was a key partner in our global drug policy sign-on statement prepared for the 2016 UNGASS.)

(Washington, January 20, 2017) -- Donald Trump takes office today having vowed to enact policies that would threaten rights at home and abroad if actually implemented, Human Rights Watch said today. Human rights advocates, elected officials, and members of the public should press the new United States president to abandon those proposals and should call out government actions that violate rights. Congress, the courts, and the people of the United States should demand transparency and hold the administration accountable for policies and actions that threaten rights.

"This inauguration opens up a dangerous and uncertain new era for the United States," said Kenneth Roth, executive director of Human Rights Watch. "Even if President Trump acts only on ten percent of the most problematic of his campaign proposals, it will cause a momentous setback for human rights at home and abroad. The onus is now on elected officials and the public to demand respect for rights that the President-elect seems to have put in his crosshairs."

Both during his presidential campaign and since his election, Trump has embraced policies that would harm the rights of millions of people -- from the immigrants he has vowed to deport in vast numbers, to the women whose reproductive rights he has promised to restrict through his judicial appointments. He has at times publicly embraced torture and the illegal targeted killing of civilians abroad. He said he would halt the release of men from Guantanamo Bay detention facility and "load it up with some bad dudes." Trump's pick for attorney general, Jeff Sessions, has a long track record of hostility and disdain towards the very civil rights enforcement tools the US Justice Department is called on to deploy in defense of rights.

Trump's approach to foreign policy appears to embrace close collaboration with repressive governments on a range of issues, without regard for their troubling human rights records. During his confirmation hearing, Rex Tillerson, Trump's nominee for secretary of state, refused to acknowledge human rights violations by Russia, Saudi Arabia, and the Philippines, despite extensive documentation of the violations by numerous sources, including the US government.

Greatly compounding all of these concerns, there is every reason to worry that the Trump administration will seek to minimize scrutiny of its actions. Trump and his advisers have regularly and very publicly insulted or smeared his critics. Reports indicate his team is considering restricting media access to the White House. And Trump has famously said that he would like to weaken libel laws to facilitate lawsuits against journalists.

"By trampling on the rights of millions of people in the US and abroad, Trump's proposals if enacted would weaken everybody's rights," Roth said. "Elected officials and the public should call out proposals and policies that would weaken rights, and demand a government that protects them."

Medical Marijuana Update

The Hemp Industries Association takes on the DEA over its new coding rule for CBDs, state legislators are busily messing with successful medical marijuana initiatives, and more.

National

Last Friday, the HIA sued the DEA over CBD. The Hemp Industries Association filed a judicial review action against the DEA last Friday over the agency's new rule establishing coding for marijuana derivatives such as CBD cannabis oil. The DEA overstepped its bounds and put at risk a booming cannabis and hemp industry, the suit alleges.

Arkansas

Arkansas House Approves Medical Marijuana Delay. The House voted Tuesday to approve a proposal that would delay implementation of the state's new medical marijuana law. The measure is House Bill 1026. The bill bumps back a 120-deadline from Election Day for the state to issue dispensary and cultivation licenses to 180 days.

Florida

Florida Regulators Issue Draft Medical Marijuana Rules; Initiative Backers Cry Foul. On Tuesday, regulators issued draft medical marijuana rules that had initiative sponsors crying foul. State health officials released draft rules for the state's voter-approved medical marijuana program, but that draft largely leaves current vendors with a stranglehold on the state's industry by applying current laws to the constitutional amendment approved in November, and that isn't sitting well with the people who sponsored the Amendment 2 initiative. "The rule is basically ignoring the text of the constitutional amendment at almost every point of the way," said Ben Pollara, campaign manager of the political committee backing the amendment. The health department will hold public hearings to take input on the rule during the second week of February, with meetings in Jacksonville, Fort Lauderdale, Tampa, Orlando and Tallahassee.

Georgia

Georgia House Forms Medical Marijuana Study Committee. House Speaker David Ralson (R-Blue Ridge) announced Wednesday that a medical marijuana study committee had been formed with Rep. Allen Peake (R-Macon) as its chair. Peake is the author of the state's current limited medical marijuana law and has already announced plans for legislation this year.

North Dakota

North Dakota Senate Approves Medical Marijuana Delay Bill. The state Senate voted 45-0 Tuesday to approve Senate Bill 2154, which would delay some provisions of the state's voter-approved medical marijuana law. Senate leaders said the delay is necessary to develop rules and regulations for the program. The bill now goes to the House.

Wisconsin

As of Monday, Democrats were working on a medical marijuana bill. State Sen. Jon Erpenbach (D) and Rep. Chris Taylor (D) are circulating a medical marijuana after Republican Assembly Speak Robin Vos said he would be open to the idea. Republicans control both houses of the state legislature, and Senate Majority Leader Scott Fitzgerald is not in favor. The Democratic pair have until January 26 to come up with cosponsors and file the bill.

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

This Week's Corrupt Cops Stories

It's been a quiet week on the corrupt cops front, but there's still a bit of nefariousness afoot. A Pennsylvania cop gets nailed for ripping off heroin for his own use, and more. Let's get to it:

In Donora, Pennsylvania, a part-time Donora police officer was arrested last Tuesday for stealing 133 bags of heroin that had been seized as evidence during a search. Officer James B. Johnson, 29, has allegedly confessed to taking the heroin from the evidence room, saying he intended it for his own personal use. He is charged with several drug offenses, theft, obstruction, tampering and misapplication of entrusted property.

In Baltimore, a Baltimore police officer was convicted last Thursday of tipping off suspected drug dealers. Officer Stacy Plater went down after FBI agents showed photos of suspects at a roll call, knowing that Plater knew one of them. Plater took the bait, asking if he could keep the photo, and then calling the drug dealer with a heads up. He was convicted on an official count of misconduct by a jury and faces a February sentencing date.

Chronicle AM: N. Am. Illegal MJ Market $50+ Billion, AR/ND/ MedMJ Delay Bills, More... (1/18/17)

A new report finds illegal weed is a $50 billion business in North America, Denver begins working on its "social use" ordinance, state legislators move to slow the implementation of medical marijuana, and more.

Marijuana Policy

Estimate Puts Size of North American Pot Market at More Than $50 Billion. A new report from the Arcview Market Research group puts the size of the North American legal marijuana market at $6.9 billion, which is overwhelmed by the $46.4 billion dollar illicit market. Black market marijuana is bigger than wine, which comes in at $38 billion.

States' Effort to Undo Colorado Pot Law Revived. A panel of judges from the 10th US Circuit Court of Appeals in Denver heard arguments Tuesday in a case brought by the states of Nebraska and Oklahoma against Colorado's marijuana law. The hearing suggested judges were open to considering RICO charges against dispensary operators and marijuana cultivation operations. Any decision on the case could take months.

Nevada Governor Announces 10% Excise Tax on Recreational Marijuana. In his final budget speech, Gov. Brian Sandoval (R) announced a 10% excise tax on pot to help support his new budget, which is up 10% from last year's. There's already a 15% is already in place for wholesale purchases, and dispensary operators worry that additional taxes could make the black market stronger.

Denver Begins Work on Allowing Pot Use in Clubs, Other Businesses. A working group of Denver business owners, city regulators, and marijuana foes met together Wednesday to begin crafting regulations to implement the city's voter-approved "social use" ordinance, which will allow clubs, coffee shops, yoga studios, and other businesses to allow marijuana consumption on premises. There is no deadline for finalizing the rules, but advocates hope the city will start accepting applications by the summer.

Medical Marijuana

Arkansas House Approves Medical Marijuana Delay. The House voted Tuesday to approve a proposal that would delay implementation of the state's new medical marijuana law. The measure is House Bill 1026. The bill bumps back a 120-deadline from Election Day for the state to issue dispensary and cultivation licenses to 180 days.

Florida Regulators Issue Draft Medical Marijuana Rules; Initiative Backers Cry Foul. State health officials released draft rules Tuesday for the state's voter-approved medical marijuana program, but that draft largely leaves current vendors with a stranglehold on the state's industry by applying current laws to the constitutional amendment approved in November, and that isn't sitting well with the people who sponsored the Amendment 2 initiative. "The rule is basically ignoring the text of the constitutional amendment at almost every point of the way," said Ben Pollara, campaign manager of the political committee backing the amendment. The health department will hold public hearings to take input on the rule during the second week of February, with meetings in Jacksonville, Fort Lauderdale, Tampa, Orlando and Tallahassee.

North Dakota Senate Approves Medical Marijuana Delay Bill. The state Senate voted 45-0 Tuesday to approve Senate Bill 2154, which would delay some provisions of the state's voter-approved medical marijuana law. Senate leaders said the delay is necessary to develop rules and regulations for the program. The bill now goes to the House.

Law Enforcement

LEAP Changes Its Name, But Not Its Acronym. The drug reform police group Law Enforcement Against Prohibition (LEAP) has now changed its name to the Law Enforcement Action Partnership. "For more than a year, our board and staff have been hard at work to expand into the broader field of criminal justice reform while maintaining a keen focus on our drug policy work. Not only will this expanded scope be a natural fit for our speakers' criminal justice expertise, but it will also help us to become even more effective at moving the drug policy reform conversation forward. And, when you care about something, you want it to be the best it can be. With the right criminal justice reforms, we can do better, for ourselves and for our communities. Our new name reflects the core of our organization," the group said.

New Mexico Bill Would Expand DUI to Include Drugs. Rep. William Rehm (R-Albuquerque) has filed a bill that would target "drugged driving" by setting blood concentration levels similar to those for alcohol for five drugs: marijuana, cocaine, heroin, amphetamine, and methamphetamine. The measure is House Bill 22. But the Drug Policy Alliance, which has opposed similar bills in the past, is raising concerns about this one as well, saying it puts tens of thousands of medical marijuana patients at risk of arrest by setting THC limits unsupported by scientific research.

Book Review: "Marijuana: A Short History" by John Hudak

Marijuana: A Short History by John Hudak (2016, Brookings Institution Press, 217 pp., $14.95 PB)

Marijuana is going mainstream, as evidenced by the spread of medical marijuana and now outright legalization, not to mention its pervasive and increasingly favorable position in popular culture. In the past 20 years, support for legalization has grown from a distinct minority position to a majority one, and now, after November's elections, more than half the states have approved medical marijuana and nearly one out of six Americans lives in a state where it is legal.

Marijuana is now also big business, with industry watchers estimating the size of the legal market at around $20 billion by 2020. There's one problem with such rosy scenarios, though: Pot remains illegal under federal law.

That's a big problem for John Hudak, a senior fellow in governance studies at the Brookings Institution with a keen professional interest in public policy implementation, legislative-executive relations, and marijuana policy. In Marijuana: A Short History, Hudak takes marijuana legalization as pretty much a given -- provided it isn't screwed up too badly in implementation -- and sees federal marijuana prohibition largely as an obstacle to getting pot policy right.

He sketches out the strange place we now find ourselves, with a booming industry enriching state tax coffers at the same time it remains federally illegal, and a federal government largely turning a blind eye to the violations of federal law -- at least for now -- while at the same time refusing to allow that industry the banking privileges and tax breaks provided to legal businesses. Meanwhile, marijuana sellers become Chamber of Commerce members in some states and prison inmates in others.

Hudak describes the growing tension between legalization in the states and federal prohibition as challenging federal authority while also hampering the efficient functioning of the marijuana industry. In his view, we're now in a sort of "worst of both worlds" status quo:

"The resulting situation in the United States may be worse than either national legalization or national prohibition. Legal realities are loosely defined by executive branch guidance and suggestions from the administration. This guidance fails to answer important questions and oftentimes creates new ones. States are constantly asking the federal government how to deal with many of the problems they face; the answers are almost always insufficient. Members of Congress have proposed solutions to some of the biggest challenges facing states, industry actors, and consumers, but that legislation is not acted on."

"The reality is that the state of American law at the start of 2016 is absolutely untenable and is inconsistent with American principles of fairness and equal treatment. Federal officials must commit themselves to coherent, comprehensive, and sensible marijuana policy. Until they do, the system will be arbitrary and unjust, and policy will be ineffective."

Now, at the start of 2017, the tensions Hudak highlights are even more acute, and the November elections brought them to the fore. At the same time the legal recreational market quintupled in size with victories in California, Maine, Massachusetts, and Nevada, the nation elected Donald Trump, whose attorney general pick, Alabama Sen. Jeff Sessions, is an avowed foe of legalization and drug law reform in general.

Trump himself has said he favors letting the states experiment, but the billion-dollar question is whether Trump is going to set pot policy or leave it to his minions. If it's the latter, legal marijuana may be in for a bumpy ride, but even if it's the latter, that's just the political status quo.

That isn't enough for Hudak. He wants things settled at the federal level through congressional action, not left to the administrative whim of some officeholder. Whether the next few years is going to bring us any closer to Hudak's prescription for pot policy perfection is an open question, and it's sure to be contested political terrain.

Hudak raises the right questions about marijuana's future, but make no mistake, Marijuana: A Short History is by no mean all wonkery. After all, Hudak is writing a history, and he does just that in a concise and lively manner, concentrating on the 20th Century in the US, a period that saw the long arc of marijuana prohibition peak before the decline it now faces in the early years of the 21st Century. Of special interest is his section on the rise of a successfully reform movement, as he zeroes in on the people and strategies that made it happen.

Okay, Marijuana: A Short History is pretty wonky. It's serious stuff with a serious purpose: getting us down the path to a sane and effective marijuana policy nationwide. People with an interest in marijuana and marijuana legalization need to be thinking about these things, and Hudak is going to reward a serious reader. And he isn't going to make you slog through 400 pages of academic prose along the way. Read it; it'll make you think.

Kratom Krazed: One Florida Lawmaker's Lonely, Wacky Crusade to Ban the Herb [FEATURE]

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

Florida state Rep. Kristin Jacobs (D-Coconut Creek) is a woman on a mission, albeit a strange and misinformed one. For the last three years, Jacobs has waged a lonely crusade in Tallahassee to ban kratom, the herb derived from a Southeast Asian tree and widely used for pain relief, withdrawal from opiates, and as a less harmful alternative to opiates.

She's at it again this year, having just introduced a measure, House Bill 183, that would add mitragynine and hydroxymitragynine, the active constituents of kratom, to the state's controlled substances list. And she's invoking the specter of Hitler as she does so.

Saying the kratom ban was a "fall on the sword issue" for her, Jacobs railed against the people who have opposed her prohibitionist efforts, accusing them of Goebbels-like propaganda.

"They have a story," she told the St. Peters Blog. "Just like Hitler believed if you tell a lie over and over again, it becomes the truth."

Portraying herself as a bravely challenging a "lie machine… a powerful lobby with lots of money," Jacobs warned against "Big Kratom." "It's not just what they're doing here," she said. "They're doing the same thing around the country."

"They" would be the American Kratom Association and the Botanical Education Alliance. The former was founded by Susan Ash, a 46-year-old who began taking kratom while being treated for dependence on prescription pain relievers and now takes a small dose daily to ease chronic pain and depression. She was so impressed with the results, she founded the group in 2015 to represent kratom consumers. The group now has more than 2,000 members and lobbies against efforts to ban the drug.

The latter is a small nonprofit organization "dedicated to educating consumers, lawmakers, law enforcement, and the media aboutstyl safe and therapeutic natural supplements including Mitragyna speciosa, also known as Kratom," the group says on its web page. "Our mission is to increase understanding in order to influence public policy and protect natural supplements. Our vision is to create a society where every adult has the right to access safe and effective natural supplements."

According to the American Kratom Association, "Kratom is not a drug. Kratom is not an opiate. Kratom is not a synthetic substance. Naturally occurring Kratom is a safe herbal supplement that's more akin to tea and coffee than any other substances. Kratom behaves as a partial mu-opioid receptor agonist and is used for pain management, energy, even depression and anxiety that are so common among Americans. Kratom contains no opiates, but it does bind to the same receptor sites in the brain. Chocolate, coffee, exercise and even human breast milk hit these receptor sites in a similar fashion."

Unsurprisingly, Jacobs disagrees. She calls the herb a "scourge on society" and says it "is an opiate," breezily lumping it in with heroin and pain pill mills.

In Jacobs' dystopian vision, she foresees babies born with withdrawal symptoms, emergency room doctors treating strung-out kratom junkies in the throes of withdrawal, and "addicts with glassy eyes and shaky hands" lurking about until the dreaded kratom overdose gets them. "How many more are going to die?" she asks.

Singlehandedly waging a Florida war on kratom: Rep. Kristin Davis (Wikipedia/Creative Commons)
Well, not many, actually. Like opiates, kratom relieves pain, slows bowel activity, produces euphoric feelings, and creates physical addiction and a withdrawal syndrome. But unlike opiates, it causes a pleasant, caffeine-type buzz in small doses and, more significantly, it is apparently very difficult -- if not impossible -- to overdose on it. The few deaths where kratom is implicated include poly-drug use, or as in a case reported by the New York Times, suicide by a young kratom user who was also being treated for depression.

"Direct kratom overdoses from the life-threatening respiratory depression that usually occurs with opioid overdoses have not been reported," says Oliver Grundmann, clinical associate professor of medicinal chemistry at the University of Florida, told journalist Maia Szalavitz at Vice. Grundmann should know; he just reviewed the research on kratom for the International Journal of Legal Medicine.

Szalavitz also consulted Mark Swogger, an assistant professor of psychiatry at the University of Rochester Medical Center, who with his colleagues analyzed 161 "experience reports" posted by kratom users on the drug information site Erowid.org for a recent study in the Journal of Psychoactive Drugs.

"I think it's pretty safe to say that kratom has at least some addiction potential. The data is fairly strong on that and our study also found that people are reporting addiction," but "overall, we found that it's really mild compared to opioid addiction and it didn't seem to last as long."

Jacobs' inflammatory and ill-founded comments generated a quick and strong reaction from kratom advocates. Kendra Jowers, who sits on the advisory board of the Botanical Education Alliance, didn't mince any words.

"It's difficult to know how to respond to what Representative Jacobs said, because what she said was borderline lunatic," Jowers told the Florida Report. "And I think any sane, rational person could recognize it as such -- whether they have personal ties to kratom or not," she said.

"When Representative Jacobs feels the need to compare an advocacy organization like the Botanical Education Alliance to the Third Reich, she's already lost the argument. She's already shown that she has no winning hand; that's why she resorts to such absurd and outrageously dishonest appeals to emotion and irrationality. We are a group of professionals from across the country who have volunteered our time to fight for people's right to use a natural supplement to curtail their pain and wean off of addiction to opioids and alcohol. To liken us to Hitler is reprehensible and entirely unprofessional," Jowers continued. "That is not to mention how abhorrent and obscene it was for her to trivialize one of the worst atrocities in human history."

Kratom is often prepared as a tea. (Wikimedia/Creative Commons)
Jowers wasn't done. She also took umbrage at Jacobs' portrayal of kratom users as glassy-eyed addicts.

"She may not have named names, but those were personal attacks. Because when she characterizes kratom users this way -- glassy-eyed, shaking, helpless addicts who aren't competent to understand what they're fighting for here -- she is personally attacking the tens of thousands of Floridians who use kratom to responsibly manage their health conditions," Jowers noted.

"Kratom users are mothers, grandmothers, brothers, sisters, and notably, veterans suffering from PTSD, pain, and addiction that may have resulted from what they've endured in the course of their service to this country. I guarantee, you encounter kratom users all the time, and you would have no idea that they are using it unless they were to tell you -- contrary to Representative Jacobs' histrionic and inaccurate characterization," Jowers added.

The American Kratom Association and the Botanical Education Alliance have led the charge against the DEA's move to federally ban kratom -- a pushback that resulted in the agency's unprecedented decision to delay or possibly even undo the proposed ban. And now they are leading the charge to push back against Rep. Jacobs and her war on the herb.

Chronicle AM: Obama Commutes More Drug Sentences, Iran Hangs More Drug Prisoners, More... (1/17/17)

As his term winds down, President Obama continues to free more drug prisoners; New Jersey Dems plan a legalization bill, Wisconsin Dems plan a medical marijuana bill, and more.

Obama meets with prisoners at the El Reno, Oklahoma, federal detention facility. (whitehouse.gov)
Marijuana Policy

New York Times Editorial Board Calls on Feds to Remove Barriers to Marijuana Research. In a Tuesday editorial, the Times cited last week's report from the National Academy of Sciences as it called on the federal government to reschedule marijuana out of Schedule I or, at least, remove regulatory barriers to further research on it. Marijuana "does not belong with LSD and heroin on Schedule I," the Times declared, but "even if Mr. Trump and Congress are unwilling to reclassify marijuana, they could remove the regulatory barriers to research and let scientists get to work."

New Jersey Democrats Prepare Legalization Bill, Despite Christie's Opposition. State Sen. Nicholas Scutari (D) said Monday that he and other Democrats will introduced a legalization bill in February, despite the opposition of Gov. Chris Christie (R). But Christie will be gone after the next election, and the legalization bill will still be there.

Medical Marijuana

Wisconsin Democrats to File Medical Marijuana Bill. State Sen. Jon Erpenbach (D) and Rep. Chris Taylor (D) are circulating a medical marijuana after Republican Assembly Speak Robin Vos said he would be open to the idea. Republicans control both houses of the state legislature, and Senate Majority Leader Scott Fitzgerald is not in favor. The Democratic pair have until January 26 to come up with cosponsors and file the bill.

Sentencing

Obama Commutes Sentences for Another 200+ Drug Offenders, and Chelsea Manning, Too. President Obama Tuesday announced he has commuted the sentences of 209 federal prisoners, nearly all drug offenders, as well as imprisoned leaker Chelsea Manning. Tuesday's actions bring to 1,385 the number of sentences commuted under Obama, far exceeding the number of commutations granted by any modern president.

International

Iran Hangs 14 More Drug Prisoners. At least 14 people were hanged at Karaj Central Prison on drug-related charges in the past week, Iran Human Rights reported Tuesday. The group named 10 of the executed: Mohammad Soleimani, Ali Ebadi, Ali Reza Moradi, Majid Badarloo, Omid Garshasebi, Ali Yousefi, Seyed Ali Sorouri, Ebrahim Jafari, Ali Mohammad Lorestani, and Mohsen Jelokhani. The continuing executions come even as the Iranian parliament considers ending the death penalty for drug offenses.

Brazil Approves First Marijuana-Based Medicine. Brazil's National Health Surveillance Agency (Anvisa)has issued a license for Metavyl, a drug containing 27 milligrams of THC and 25 milligrams of CBD per milliliter. The drug will be available as an oral spray. But Anvisa has designated Metavyl a "black label" drug, meaning it can only be used by patients who have not responded to conventional medicines.

Chronicle AM: More Obama Commutations Coming, HIA Sues DEA Over CBD, More... (1/16/17)

President Obama will commute more drug sentences before he leaves office this week, the hemp industry sues the DEA over its new CBD rule, New York's governor wants to fix his state's decriminalization law, and more.

Obama is about to free hundreds more nonviolent drug offenders. (whitehouse.gov)
Marijuana Policy

New York Governor to Propose Clarifications to State's Decriminalization Law. Gov. Andrew Cuomo (D) has announced plans to remove a loophole in the state's decades-old decriminalization law that lets police charge people with a criminal offense for possession in "public view." That loophole has been applied mainly against racial minorities. Governor Cuomo pushed heavily for closing that loophole in 2014 but was blocked by Senate Republicans who opposed a measure that would have standardized the penalty for all low-level possession as a violation, which would have resulted in a fine instead of arrest.

Medical Marijuana

HIA Sues DEA Over CBD. The Hemp Industries Association filed a judicial review action against the DEA last Friday over the agency's new rule establishing coding for marijuana derivatives such as CBD cannabis oil. The DEA overstepped its bounds and put at risk a booming cannabis and hemp industry, the suit alleges.

North Dakota Bill Would Delay Medical Marijuana Implementation. State Senate Majority Leader Rich Wardner (R-Dickinson) has introduced a bill, Senate Bill 2154, that would suspend implementation of parts of the state's new voter-approved medical marijuana law until the legislature could write a comprehensive law to govern medical marijuana in the state.

Sentencing

Obama Set to Commute Sentences for Hundreds More This Week. As the clock ticks down on his term, President Obama is set to keep on granting clemency to drug offenders up until the last minute. Justice Department officials say he will grant hundreds more commutations this week. He has already cut the sentences of more than 1,100 nonviolent drug offenders, more than any president in modern history.

Chronicle AM: Abuse-Resistant Oxycontin Tied to Heroin ODs, S. America Coca News, More... (1/13/17)

A new study from the Rand Corporation links the introduction of abuse-resistant Oxycontin in 2010 to the rise in heroin overdose deaths, Bolivia and Colombia take different approaches to coca, a Georgian political party office gets raided, and more.

Georgian police seized pot plants in paper cups from the Girchi Party offices in Tbilisi Wednesday. (DF News)
Marijuana Policy

New Mexico Legalization Bill Filed. State Rep. Bill McCamley (D-Las Cruces) has filed House Bill 89, the Cannabis Revenue and Freedom Act. It would allow the possession of up to two ounces by adults at home and one ounce outside the household, the cultivation of up to six plants (or 12 per household) and the possession of a harvest up to eight ounces. The measure would revamp the state's existing medical marijuana system and allow for marijuana sales beginning in 2019.

Medical Marijuana

Georgia House Forms Medical Marijuana Study Committee. House Speaker David Ralson (R-Blue Ridge) announced Wednesday that a medical marijuana study committee had been formed with Rep. Allen Peake (R-Macon) as its chair. Peake is the author of the state's current limited medical marijuana law and has already announced plans for legislation this year.

Heroin and Prescription Opioids

RAND: Introduction of Abuse-Deterrent Oxycontin Led to Rise in Heroin Overdose Deaths. In a new working paper released this week, the RAND Corporation looked at supply-side attempts to limit access to opioids and found unintended consequences. Focusing on the 2010 introduction of abuse-resistant Oxycontin, the RAND analysts found "large differential increases in heroin deaths immediately after reformulation in states with the highest initial rates of OxyContin misuse" and concluded that "a substantial share of the dramatic increase in heroin deaths since 2010 can be attributed to the reformulation of OxyContin."

Asset Forfeiture

North Dakota Civil Asset Forfeiture Reform Bill Filed. Eight state legislators jointly filed House Bill 1170 last week. The bill would prohibit the seizure of property without a criminal conviction in most cases. The measure would also require that most proceeds from forfeitures go into the state's general fund; currently, law enforcement agencies can keep up to 100% of the proceeds. The bill would also ban passing busts off to the feds in a bid to evade state restrictions.

International

Bolivia Government Files Bill to Expand Coca Production. The bill would expand legal coca production from 30,000 acres to 50,000 acres. But not all coca growers are happy because some regions are getting more expansion than others.

Colombia Starts Spraying Glyphosate on Coca Crops Again. Colombia recommenced the controversial program on January 2, but this time, it's not using airplanes. Instead, the spraying is being conducted by hand. The aerial spraying campaign had been ended in 2015 over health and environmental concerns, but faced with an increasing amount of coca under cultivation, the government is now resorting once more to the herbicide.

Republic of Georgia Police Raid Party Office, Seize Pot Plants. Georgian police raided the office of the Girchi Party Wednesday, seizing 84 marijuana seedlings that had been planted New Year's Day in a bid to gain publicity for drug decriminalization. Police had threatened party activists with up to 12 years in prison for drug cultivation, but so far have only seized the plants. "This is the price of the action, that something like this would have consequences. Let's see what level this absurdity will reach. I worry about the plants. I am not sure if they will take proper care on them," Iago Khvichia, a member of the party's political council said.

Stingray: Privacy, Surveillance, the War on Drugs, and Your Phone [FEATURE]

special to Drug War Chronicle by independent investigative journalist Clarence Walker, cwalkerinvestigate@gmail.com

Raymond Lambis is a free man -- at least for now.

He was looking at 10 years to life on federal drug charges, but the case was built on a controversial technology -- "Stingray" -- and in a precedent-setting 2016 decision widely celebrated by legal experts and privacy advocates, a federal judge ruled that use of the device without a search warrant violated the Fourth Amendment's proscription against unreasonable search and seizure.

The decision -- and the technology -- has implications that go far beyond the shadowy world of drug dealers and DEA agents. Stingray is a generic term for a cell-site simulator, a device that can mimic cell towers as a means of tracking down cell phones. Law enforcement can use Stingray to pick up phone calls, voicemail messages, and text messages, and to pinpoint the physical location of a targeted phone to within a few feet.

In the Lambis case, federal prosecutors argued that they didn't need a warrant to use the wide-ranging Stingray, but federal district court Judge William H. Pauley shot them down.

"Absent a search warrant," Judge Pauley held in his 14-page opinion, "the government may not turn a citizen's cell phone into a tracking device."

But that's exactly what DEA agents did to build their case against Lambis. They used Stingray to locate his cell phone inside his family residence, then conducted a warrantless search of his bedroom and uncovered a large amount of cocaine.

Federal prosecutors had a fallback argument -- that even if a warrant were necessary to track Lambis' phone, once his father gave agents at his door permission to enter and Lambis then "consented" to a search, the search should be allowed -- but Pauley wasn't having that, either.

"The procurement of a 'voluntary' consent to search based upon a prior illegal search taints that consent," he held.

US District Court Judge William H. Pauley
But if federal prosecutors have their way, the DEA and other federal agents will be able to do it again. In September, prosecutors from the US Attorneys Office for the Southern District of New York filed an appeal of Pauley's decision with the US 2nd Circuit Court of Appeals.

"We're obviously disappointed about that," Lambis' attorney Alan Seidler told Drug War Chronicle.

So is the Electronic Frontier Foundation. Rebecca Jeschke, a digital rights analyst for the group, told the Chronicle that if the government wins on appeal, everyone's privacy will be eroded.

"As we use cell phones more and more, a successful appeal will touch nearly every American," she said.

A successful appeal would be salt in the wounds of legal scholars and privacy advocates who hailed Pauley's forceful decision in Lambis as a major victory against warrantless surveillance by the government.

"This is the first federal ruling I know of where a judge squarely ruled that the Fourth Amendment required police to get a warrant to use a Stingray, and further, suppressed evidence derived from warrantless use of the technology," ACLU Attorney Nathan Wessler told the New York Times at the time. "After decades of secret and warrantless use of Stingray technology by law enforcement to track phones, a federal judge has finally held authorities to account."

According to an ACLU report, at least 60 state, local, and federal law enforcement agencies in 23 states have used Stingray to suck up citizens' cell phone data.

Stingray in the Lambis Case

According to court documents, the trail to Raymond Lambis' front door began with a DEA investigation into an alleged drug pipeline importing large amounts of cocaine from South America beginning in early 2015. DEA agents obtained a wiretap warrant to glean information about the numbers dialed from a specific cell phone.

After agents obtained the warrant, they monitored messages off a Blackberry between two suspected drug traffickers. During one particular conversation agents overheard a voice referring to someone named "Patilla," whose phone had a 646 area code.

Messages between Patilla and the other, unnamed party indicated that Patilla could supply hydrochloric acid, which is used by traffickers in the heroin-refining process. DEA agents then got a warrant to order the phone company to provide "approximate location," or "cell-site location information" (CSLI).

A frequent complaint of defense attorneys and privacy advocates has been that law enforcement, and DEA agents in particular, will mislead judges into thinking the warrant they sign off on is to get specific cell-site information from a carrier when what agents are really doing is using Stingray to locate a person's phone or actual address. As the Chronicle reported in 2013, "The Stingray technology not only raises Fourth Amendment concerns, it also raise questions about whether police withhold information from judges to monitorcitizens without probable cause.That's what happened in Lambis.

In the Lambis case, DEA Special Agent Kathryn Glover obtained a warrant seeking cell-site data and location information for that 646 phone, but did not tell the judge DEA would be using Stingray to conduct a search to pin down Lambis' exact location.

"So they went to the effort to get a warrant, but then didn't tell the judge they intended to use that same warrant to use a Stingray," ACLU technology specialist Christopher Soghoian told Ars Technica. "It is so important for federal courts to recognize that use of a Stingray is a search of a Fourth Amendment-protected place, and not only is a warrant required, but the court authorizing the surveillance must be told they are authorizing the use of a Stingray."

But the phone carrier's CSLI data, which Agent Glover said in her warrant application would be used to track down the 646 phone, only guided DEA agents to the "general area" of Broadway and 177th Street in Manhattan. To pinpoint the 'house or building where the phone most likely resided with its owner the DEA unleashed Stingray to first zero in on the exact building and then on the exact apartment.

A DEA technician using a hand-held Stingray walked through the building until he picked up the strongest signal -- coming from inside the Lambis apartment. Then, DEA agents knocked on the door, and Lambis' father allowed the gun-toting agents inside. When agents asked if anyone else lived there, the elderly man knocked on his son's door, and Lambis opened it up only to be confronted by the DEA.

Faced by the agents in his home, he then consented to a search of his bedroom, where agents discovered a kilo of cocaine, empty ziplock bags, a scale, and eight cell phones. He was charged with possession of cocaine with intent to distribute and other drug-related charges. It was Lambis' defense motion to throw out that evidence as a result of an unlawful search that led to Pauley's ruling.

The States Aren't Waiting for the Federal Courts

The courts aren't the only place Stingray is running into headwinds. Thanks to decisions like that in the Lambis case, some states have begun passing privacy legislation aiming at protecting citizens' cell phone data from warrantless searches by Stingray or similar cell-site simulators used by police. Among them are California, Illinois, Minnesota, Rhode Island, Virginia, and Washington.

"Citizens have the right to expect that they will not have their personal information investigated by police without a warrant," said Rep. Edith H Ajello (D-Providence) after passage of a 2016 Rhode Island bill that prohibits obtaining cell phone data by cell-site technology.

"Requiring a warrant won't make it difficult for police to do their job," concurred Sen. Donna Nesselbush (D-North Providence). "It's essentially updating search warrant law for the information age."

"As advances in technology enable police to more efficiently investigate and solve crimes, it's important that we help them to know they are following state laws and the Constitution," said Illinois Sen. Daniel Bliss (D-Evanston) upon passage of similar legislation there in 2016. That law, the Citizen Privacy Protection Act, went into effect January 1.

While the states aren't waiting for the federal courts to provide protections, the Lambis decision and related controversies over Stingray technology have created such a firestorm that the Justice Department and the Department of Homeland Security are now requiring agents to obtain a warrant before using Stingray in investigations. But that could change if the appeals court rules in the government's favor. Stay tuned.

Journalist Clarence Walker can be reached at cwalkerinvestigate@gmail.com.

Chronicle AM: NAS Report on MedMJ Released, WA Home Cultivation Bill Filed, More... (1/12/17)

The National Academy of Sciences releases a report finding marijuana is medicine, Rhode Island legislators aim to get pot legal in a hurry, a new bill in Washington state would allow home cultivation, and more.

Marijuana Policy

Maine Bill Would Impose One-Year Moratorium on Legal Marijuana Sales. State Senate President Mike Thibodeau (R) is leading an effort to delay key provisions of the Question 1 legalization initiative. He is sponsoring a bill that would enact a one-year moratorium on pot sales to adults and prohibit the sale of marijuana edibles. "This is not trying to circumvent what the voters passed at the ballot box," he claimed. The bill is not yet available on the legislative website.

Rhode Island Legislators Unveil Legalization Plans. In a proposal unveiled Wednesday, lawmakers came out for a quick move to legal marijuana sales by allowing medical marijuana dispensaries to sell recreational marijuana six months after a bill passes. The legalization proposal would also limit home cultivation to one plant, which must be tagged for tracking purposes. The bill is not expected to be filed until next week at the earliest.

Washington State Bill Would Allow Home Cultivation. State Rep. Sherry Appleton (D-Poulsbo) has introduced House Bill 1092, which would allow adults to grow up to six plants at home, as long as the yield is less than 24 ounces. Homes with more than one adult grow produce a total of 12 plants for up to 48 ounces of usable weed. Washington is the only legalization state that does not allow for home cultivation.

Medical Marijuana

National Academy of Sciences Finds Conclusive Evidence Marijuana is an Effective Medicine. The National Academy of Sciences Thursday released a groundbreaking report, "The Health Effects of Cannabis and Cannabinoids: The Current State of Evidence and Recommendations for Research. The report finds there is conclusive evidence that marijuana can be used as a medicine, though it didn't find clinical evidence for all conditions marijuana treatment is often associated with. The report does recognize the efficacy of marijuana for treating many medical conditions, including chronic pain, chemo-induced nausea and vomiting, and multiple sclerosis spasticity.

Arkansas Regulators Set Number of Dispensaries at 32. The state Medical Marijuana Commission announced Tuesday that it will issue up to 32 licenses for medical marijuana dispensaries. The commission now has until March 9 to come up with rules for dispensary licensing.

Arkansas Bill to Delay Dispensary Rule-Making Advances. A bill that would delay the creation of rules for licensing dispensaries passed the House Select Committee on Rules Wednesday. Authored by state Rep. Douglas House (R-North Little Rock), House Bill 1026 would give the state Medical Marijuana Commission an extra 60 days beyond March 9 to craft rules and another 30 days before entities can apply for licenses.

Connecticut Doctors' Panel Recommends Adding Four Qualifying Conditions. The state's panel of physicians charged with reviewing requests for adding new qualifying conditions for the state's medical marijuana program decided Wednesday to add fibromyalgia, muscular dystrophy, shingles, and rheumatoid arthritis to the list.

Georgia Medical Marijuana Bill Filed. Rep. Allen Peake (R-Macon), sponsor of a bill last year that allows for the use of CBD cannabis oil, has now filed a full-fledged medical marijuana bill, but it's not yet available on the legislative website. Stay tuned.

Industrial Hemp

Arizona Industrial Hemp Bill Filed. State Sen. Sonny Borrelli (R-Lake Havasu City) has filed a bill to allow for the production of industrial hemp. The measure is Senate Bill 1045, which would exempt any cannabis plants containing less than 0.3% from the state's marijuana laws.

International

Argentines Move to Crack Down on Cocaine Paste. The Argentine government of President Mauricio Macri has submitted plans to modify the country's drug laws to substantially increase penalties for the production and sale of "paco" (cocaine paste). Current law specifies a four-to-six year prison term, while the proposed change would see terms increase to 15-to-18 years. Small-time dealers would between one and four years, while users would face forced drug treatment.

This Week's Corrupt Cops Stories

This week, it should be "This Week's Corrupt Jail Guards," since that's all we've got. Let's get to it:

In Houma, Louisiana, a Lafourche Parish jail guard was arrested last Tuesday on drug trafficking charges. Guard LaShanta Williams, 36, went down after a two-month investigation into drugs being sent from California. Williams's brother was the actual target of the investigation, but after he was arrested, Williams allegedly returned to the home she shared with him and removed evidence. She is charged with obstruction of justice and transactions involving proceeds from drug offenses.

In Sevierville, Tennessee, a Sevier County jail guard was arrested last Thursday for smuggling drugs into the county jail. Corrections Officer Joshua Davis, 24, went down after authorities received a tip that he was plotting with an inmate and the inmate's mother to bring narcotics into the jail and searched him when he arrived at work and found drugs. He is charged with introducing contraband into a penal facility, criminal conspiracy, and possession of Schedule III drugs. The inmate and his mother were also arrested.

Medical Marijuana Update

Medical marijuana bills are popping up all over the place, a federal bill to protect medical marijuana businesses from asset forfeiture has been filed, and more.

National

Last Thursday, a federal bill to protect medical marijuana businesses from asset forfeiture was filed. Rep. Earl Blumenauer (D-OR) filed House Resolution 331, which would shield medical marijuana-related conduct authorized by state law from federal asset forfeiture attempts. The bill has been referred to the House Judiciary and Energy and Commerce committees.

Connecticut

On Wednesday, a medical marijuana expansion hearing was scheduled. A panel of eight physician specialists will hear public testimony on expanding medical conditions covered by the state's medical marijuana law Wednesday. Patients are expected to ask the panel to expand the law to include conditions such as eczema, arthritis, and fibromyalgia. The panel will make a recommendation to the Consumer Protection Commissioner, who can then propose the change to a legislative oversight committee, which would make a final decision. The whole process could take a year or more.

Indiana

Last Friday, a medical marijuana bill was filed. State Sen. Karen Tallian (D-Indianapolis) has filed Senate Bill 255, which would allow patients with a specified list of conditions or "any persistent or chronic illness or condition" to use medical marijuana with a physician's recommendation. The measure would also create a statewide medical marijuana program. Tallian has introduced similar bills in past years that have gone nowhere.

Minnesota

On Monday, a key legislator filed a bill to block any new qualifying conditions. Longtime medical marijuana skeptic and former House Majority Leader Rep. Matt Dan (R-Dellwood) has filed a measure, House File 120, that would block the state health commissioner from adding new qualifying conditions to the state's medical marijuana law. It's a power that has been used sparingly -- "intractable pain" was added after a year's wait -- but Dean wants it used not at all. His bill would accomplish that by striking out the phrase "or any other medical condition or its treatment approved by the commissioner."

Mississippi

Last Friday, a medical marijuana bill was filed. Rep. Joel Bomgar (R-Madison) has filed House Bill 179, which would ensure that any "qualifying patient who possesses a valid registry identification card is not subject to arrest, prosecution, or penalty in any manner." The bill specifies a list of qualifying conditions, allow for caregivers for patients who can't grow their own, and allow for dispensaries. Patients could possess up to 2. 5 ounces of marijuana.

Nebraska

Last Friday, a state senator said she would file a medical marijuana bill this session. State Sen. Anna Wishart (D-Lincoln) says she will introduce a comprehensive medical marijuana bill this session. A similar measure came within three votes of advancing last year, but the measure would still face an uphill battle in the legislature and a probable veto from Gov. Pete Ricketts (R).

New Mexico

Last Friday, a medical marijuana expansion bill was filed. State Sen. Cisco McSorly (D-Albuquerque) has filed Senate Bill 8, which would more than double the amount of medical marijuana licensed producers can grow in the state and expand the amount of marijuana that patients could possess. "This bill will guarantee there is an adequate supply of marijuana for our patients," McSorley said.

South Carolina

On Tuesday, a medical marijuana bill was filed. State Sen. Tom Davis (R-Beaufort) and state Rep. Peter McCoy (R-Charleston) Tuesday filed identical versions of the South Carolina Compassionate Care Act (Senate Bill 212) at the statehouse. The bill would allow qualifying patients with debilitating medical conditions and a recommendation from their doctor to use medical cannabis.

Wisconsin

Last Thursday, prospects for passage of a CBD bill brightened after a key legislator waived objections. Legislation to allow the use of CBD cannabis oil could pass this year after key opponents last year said they would get out of the way this year. The Assembly passed a CBD bill last year, only to see it derailed in the Senate by opposition from three Senate Republicans, Leah Vukmir, Duey Stroebel, and Mary Lazich. Vukmir now says she will support a CBD bill, Stroebel is staying silent, and Lazich is gone. The bill is expected to be introduced later this month.

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

Chronicle AM: Guam Gov Files Legalization Bill, More Iran Drug Executions, More... (1/11/17)

Marijuana legalization bills get filed in Guam and the District of Columbia, the Global Drug Policy Commission asks Obama to commute more sentences, Chris Christie vows to fight drug addiction during his last year in office, and more.

Iran has already executed ten drug offenders this year, with another dozen set to face the gallows. (iranhr.org)
Marijuana Policy

Guam Governor Files Legalization Bill. Gov. Eddie Calvo Tuesday introduced a bill to legalize marijuana on the US island territory. "I am introducing this bill, not because I personally support the recreational use of marijuana, but as a solution to the regulatory labyrinth that sprouted from the voter-mandated medical marijuana program," Calvo said in a press release. The measure would legalize marijuana for people over 21 and impose a 15% tax on sales. Medical marijuana patients would be exempt from the tax.

DC Councilmember Files Bill for Legal Marijuana Commerce and Regulation. Councilmember David Grosso Tuesday filed a bill to establish a full tax and regulatory framework for legal marijuana commerce. If passed, the bill would put the District in conflict with Congress, which must approve city spending. But Grosso said that Congress had forced the District's hand with its meddling in city affairs.

Drug Policy

New Jersey Governor Vows to Heighten Fight Against Drug Addiction. In his final state of the state address, Gov. Chris Christie (R) said he will spend his last year as governor fighting drug addiction. "Our state faces a crisis which is more urgent to New Jersey's families than any other issue we could confront," Christie told the legislature in Trenton. "Beyond the human cost, which is incalculable, there is a real cost to every part of life in New Jersey." Christie is pushing for treatment instead of jail for nonviolent drug offenders, expanded drug courts, and expanded needle exchange programs, among other initiatives.

Law Enforcement

Federal Bill to Clear Way for more Surplus Military Gear for Police Filed. Rep. John Ratcliffe (R-TX) has filed House Resolution 426, which would bar the federal government from limiting the sale or donation of excess federal property to state and local agencies for law enforcement purposes. The bill is a response to the Obama administration's short-lived decision last year to block the transfer of military-style equipment to domestic police forces.

Sentencing

Global Drug Policy Commission Asks Obama to Free More Prisoners. In an open letter to the outgoing president, the commission, which includes a number of former heads of state, thanked Obama for his efforts to shift from a punitive approach to drugs, noted that he had freed more than a thousand drug war prisoners through his clemency program, and asked for more: "We hope that in these final days of your presidency, you will use the power of your office to commute even more prison sentences of low-level drug offenders, and restore dignity and hope to their lives," the commission wrote. "May your example inspire not only your successor, but also governors across the country."

International

Colombia Coca Cultivation Set to Increase. Colombia's post-conflict minister, Rafael Pardo, said Tuesday that coca cultivation will increase this year, the third year in a row that has seen increases in the country's coca crop. Pardo said part of the reason was the government's turn away from using aerial eradication, but that a bigger part was the government's devaluation of the peso, which dramatically increased profit margins for drug traffickers.

Iran Starts New Year With Spate of Drug Executions. The world's leading drug executioner is at again. In the first week of the new year, Iran executed 16 people, 10 of them for drug offenses. Iran executes hundreds of people each year, with drug offenders accounting for an increasing number of them. In 2015, the last year with full statistics, 66% of all executions in Iran were for drug offenses. Another 12 prisoners were set to be executed for drug offenses this week.

Chronicle AM: Sessions Provides No Clarity on MJ Policy, MO Legalizers Trying Again, More... (1/10/17)

Sen. Jeff Sessions is on the hotseat today and Wednesday during his Senate confirmation hearings, Missouri activists gear up for a 2018 legalization initiative, and more.

Sen. Jeff Sessions left the marijuana situation still muddied Tuesday. (senate.gov)
Marijuana Policy

Sessions Evades Firm Answer on State Marijuana Laws, Leaves Door Open for Federal Enforcement. During his confirmation hearing for the position of Attorney General Tuesday, Sen. Jeff Sessions (R-AL) avoided giving a straight answer on how he will handle states that have legalized marijuana. When asked by Sen. Patrick Leahy (D-VT) if he would use Justice Department resources to prosecute medical marijuana patients in states where it is legal, Sessions replied, "I won't commit to never enforcing federal law… but absolutely it is a problem of resources for our federal government. And when asked by Leahy if he agreed with Obama Justice Department guidelines that have largely allowed marijuana legalization to proceed at the state level, Sessions responded with evasion. When asked by Sen. Mike Lee (R-UT) about states' right to experiment with marijuana legalization, Sessions responded that marijuana was illegal at the federal level: "One obvious concern is the United States Congress has made the possession in every state and distribution an illegal act. If that's' something that's not desired any longer Congress should pass a law to change the rule, it is not the Attorney General's job to decide what laws to enforce."

Missouri Legalization Initiative Approved for Signature Gathering. Missouri came just a couple of dozen of signatures away from being able to vote on marijuana legalization in 2016, and activists there are already gearing up for 2018. A legalization initiative has been approved for signature gathering. It would make marijuana legal for people 21 and over, and medical marijuana would be legal for minors with a doctor's permission.

Medical Marijuana

Connecticut Medical Marijuana Expansion Hearing Wednesday. A panel of eight physician specialists will hear public testimony on expanding medical conditions covered by the state's medical marijuana law Wednesday. Patients are expected to ask the panel to expand the law to include conditions such as eczema, arthritis, and fibromyalgia. The panel will make a recommendation to the Consumer Protection Commissioner, who can then propose the change to a legislative oversight committee, which would make a final decision. The whole process could take a year or more.

South Carolina Medical Marijuana Bill Filed. State Sen. Tom Davis (R-Beaufort) and state Rep. Peter McCoy (R-Charleston) Tuesday filed identical versions of the South Carolina Compassionate Care Act (Senate Bill 212) at the statehouse. The bill would allow qualifying patients with debilitating medical conditions and a recommendation from their doctor to use medical cannabis.

Key Minnesota GOP Legislator Wants to Block Any New Qualifying Conditions. Longtime medical marijuana skeptic and former House Majority Leader Rep. Matt Dan (R-Dellwood) has filed a measure, House File 120, that would block the state health commissioner from adding new qualifying conditions to the state's medical marijuana law. It's a power that has been used sparingly -- "intractable pain" was added after a year's wait -- but Dean wants it used not at all. His bill would accomplish that by striking out the phrase "or any other medical condition or its treatment approved by the commissioner."

Chronicle AM: Federal OD & MedMJ Bills Filed, State MedMJ Bills, More... (1/9/17)

Both Congress and state legislatures are getting back to work, and the bills are starting to pile up; South Dakota activists eye a 2018 legalization initiative, and more.

Medical marijuana bills are being filed in the states that have yet to embrace it. (Wikimedia)
Marijuana Policy

Some California Dispensaries Are Already Selling Marijuana to All Adult Comers. Legal recreational marijuana sales won't begin in the state until at least 2018, but some medical marijuana dispensaries are already selling pot to anyone over 21. "Dozens" of dispensaries are advertising that they no longer require a doctor's recommendation to make purchases. Many, if not all, of these "Prop 64 friendly" dispensaries are unlicensed.

South Dakota Activists Eye 2018 Legalization Initiative. The state has twice rejected medical marijuana at the polls, but that isn't stopping a new group, New Approach South Dakota, from planning a 2018 legalization initiative. The group says it will submit a proposal to the attorney general's office next week.

DC Mayor Announces Plan to End Driver's License Suspensions for Drug Offenses. Mayor Muriel Bowser (D) said Monday that her administration plans to change a law that suspends the driver's license of people arrested for drug offenses. "In Washington, DC, we value and support rehabilitation and promote employment as a critical component of successful reentry," Mayor Bowser said in a statement. "This change will ensure that the DC criminal code is tailored to public safety, not maintaining antiquated and ineffective policies that place unnecessary burdens on District residents."

Medical Marijuana

Federal Bill to Protect Medical Marijuana Businesses From Asset Forfeiture Filed. Rep. Earl Blumenauer (D-OR) last Thursday filed House Resolution 331, which would shield medical marijuana-related conduct authorized by state law from federal asset forfeiture attempts. The bill has been referred to the House Judiciary and Energy and Commerce committees.

Mississippi Medical Marijuana Bill Filed. Rep. Joel Bomgar (R-Madison) has filed House Bill 179, which would ensure that any "qualifying patient who possesses a valid registry identification card is not subject to arrest, prosecution, or penalty in any manner." The bill specifies a list of qualifying conditions, allow for caregivers for patients who can't grow their own, and allow for dispensaries. Patients could possess up to 2. 5 ounces of marijuana.

Indiana Medical Marijuana Bill Filed. State Sen. Karen Tallian (D-Indianapolis) has filed Senate Bill 255, which would allow patients with a specified list of conditions or "any persistent or chronic illness or condition" to use medical marijuana with a physician's recommendation. The measure would also create a statewide medical marijuana program. Tallian has introduced similar bills in past years that have gone nowhere.

Nebraska Medical Marijuana Bill Coming Soon. State Sen. Anna Wishart (D-Lincoln) says she will introduce a comprehensive medical marijuana bill this session. A similar measure came within three votes of advancing last year, but the measure would still face an uphill battle in the legislature and a probable veto from Gov. Pete Ricketts (R).

New Mexico Medical Marijuana Fix Bill Filed. State Sen. Cisco McSorly (D-Albuquerque) has filed Senate Bill 8, which would more than double the amount of medical marijuana licensed producers can grow in the state and expand the amount of marijuana that patients could possess. "This bill will guarantee there is an adequate supply of marijuana for our patients," McSorley said.

Kratom

Florida Bill to Make Kratom a Controlled Substance Filed. State Rep. Kristin Jacobs (D-Coconut Grove) last Friday filed House Bill 183, which would add mitragynine and hydroxymitragynine, the psychoactive components of kratom, to the state's controlled substances act. Under the bill, selling, manufacturing, or importing kratom would be a misdemeanor.

Collateral Consequences

Nebraska Bill Would (Mostly) End Lifetime Ban on Food Stamps for Drug Felons. State Sen. Mike Groene (R-North Platte) last Friday filed Legislative Bill 128, which would end the lifetime ban on food stamps for drug felons, but only if they got drug abuse treatment after their most recent conviction. Alternately, drug felons could take and pass voluntary drug tests every six months to qualify. People with more than two drug felonies would continue to be banned from receiving food stamps. A measure to completely end the ban failed last year.

Harm Reduction

Federal Bill Filed to Ease Access to Overdose Reversal Drug. Rep. Jan Schakowsky (D-IL) and a bipartisan group of 18 cosponsors have filed House Resolution 304, which would ease bureaucratic obstacles to emergency medical care providers wishing to administer the opioid overdose reversal drug naloxone. The bill has been referred to the House Judiciary and Energy and Commerce committees.

Chronicle AM: CT Legalization Bills Filed, WI CBD Bill Set to Move This Year, More... (1/6/17)

Connecticut legislators prepare to take up marijuana legalization, Wisconsin legislators look set to pass a CBD bill this year, Indiana's new governor will ease up on needle exchange restrictions, and more.

Legal weed could be coming to Connecticut. (Wikimedia)
Marijuana Policy

Legalization Bills Filed in Connecticut. At least three pot legalization bills have been filed for the looming session of the state legislature, including one from state Rep. Melissa Ziobron (R-East Hampton) and one from Senate President Pro Tem Martin Looney (D-New Haven). Only Looney's bill yet shows up on the state legislative website. It is Senate Bill 11.

Medical Marijuana

After Key Legislator Waives Objection, Wisconsin Could See CBD Bill Passed. Legislation to allow the use of CBD cannabis oil could pass this year after key opponents last year said they would get out of the way this year. The Assembly passed a CBD bill last year, only to see it derailed in the Senate by opposition from three Senate Republicans, Leah Vukmir, Duey Stroebel, and Mary Lazich. Vukmir now says she will support a CBD bill, Stroebel is staying silent, and Lazich is gone. The bill is expected to be introduced later this month.

Heroin and Prescription Opioids

Wisconsin Governor Calls for Legislative Special Session on Heroin. Gov. Scott Walker (R) said Thursday he will order a special session of the legislature to "fight heroin addiction." He is also calling on state agencies to ramp up their responses to opioid use in the state. "This is a public health crisis, and that's why I'm calling a special session of the Legislature and directing state agencies to ramp up the state's response," Walker said. Opioid overdose deaths have been on the rise in the state for nine straight years. Walker is eyeing a package of bills that include expanding access to naloxone, Good Samaritan 911 protections for reporting overdoses, a civil commitment procedure for addicts, and requiring codeine-containing cough syrups to be prescription-only.

Harm Reduction

Indiana's Incoming Governor to Ease Pence's Needle Exchange Restrictions. Governor-to-be Eric Holcomb (R) vowed Thursday to roll back restrictions on needle exchanges signed into law by his predecessor, Vice President-elect Mike Pence. Holcomb said local -- not state -- officials should be able to authorize needle exchanges. Holcomb has also created a "drug czar" position within his incoming administration, which will, among other duties, seek increased funding for needle exchanges.

Drug War Issues

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