Medical marijuana and harm reduction measures advance in New Mexico, a police drug field test kit maker is being sued by a Florida man busted for the glaze on his Krispy Kreme donuts, Idaho considers ending mandatory minimums for drug offenses, and more.
[image:1 align:left caption:true]Marijuana Policy
Virginia Lieutenant Governor Calls for Decriminalization. Lt. Gov. Ralph Northum (D) called Monday for the decriminalization of small amounts of marijuana, saying enforcement is costly and aimed disproportionately at African-Americans. The move comes weeks after Senate Majority Leader Thomas Norment (R-James City) requested that the Virginia Crime Commission study the issue. That move froze pending decriminalization legislation sponsored by Sen. Adam Ebbin (D-Alexandria).
Washington State Bill Would Repeal Legalization. Rep. Brad Klippert (R-Kenniwick) has filed House Bill 2096, which would repeal "all laws legalizing the use, possession, sale, or production of marijuana and marijuana-related products." The bill has been referred to the House Committee on Commerce and Gaming.
Wyoming Senate Committee Scales Back Marijuana Sentencing Reforms. The Senate Judiciary Committee voted to amend House Bill 197, weakening proposed sentencing reforms by doubling the period during which previous convictions would result in a longer sentence from five years to 10 years. More importantly, the amendment removes the plant form of marijuana from the bill completely, meaning the new tiered sentencing system would apply only to edibles.
New Mexico Senate Passes Medical Marijuana Expansion Bill. The Senate voted 29-11 Monday to approve Senate Bill 177, which would expand the state's program by increasing the amount of marijuana patients may possess to five ounces and increasing the number of plants commercial providers can grow. The bill now goes to the House.
Idaho Bills Would Alter State's Drug Laws. The House Judiciary and Rules Committee voted Monday to introduce a package of three bills that would reform the state's harsh drug laws. One bill would end mandatory minimum sentences for drug offenses and another would bar the seizure of vehicles for simple drug possession and require that property found near drugs be seized only if it is meaningfully connected to the crime. The third bill, however, is a step in the opposite direction -- it would allow heroin sellers to be charged with murder in the event of fatal overdoses.
Florida Field Drug Test Kit Company Sued By Man Jailed for Possessing Donut Glaze. A Florida man is suing the police field drug test kit manufacturer Safariland LLC after an Orlando police officer using one of its field kits charged him with possessing methamphetamine although the substance being tested was actually the glaze from a Krispy Kreme donut. The drug test is either ineffective or unreliable, Daniel Rushing charges in his lawsuit, twice registering a positive result for meth and resulting in his false arrest and imprisonment before felony charges were dropped.
Federal Appeals Court Upholds Student Drug Legalization Group's Free Speech Rights. The 8th US Circuit Court of Appeals ruled Monday that Iowa State University cannot bar a student group from using the university's logo and mascot on t-shirts calling for the legalization of marijuana. Iowa State NORML had sued in 2014 after the university first gave its okay, but then refused permission after pressure from high-ranking state officials, including the governor's office. Instead, the university suddenly changed its guidelines, with new rules prohibiting designs "that suggest promotion of dangerous, illegal, or unhealthy products." Last year a federal district court filed an injunction prohibiting the school from using its new policy to block NORML from printing new t-shirts, and now the appeals court has upheld that permanent injunction.
New Mexico Senate Approves Pair of Harm Reduction Bills. The state Senate Monday overwhelmingly approved two bills aimed at reducing the number of fatal drug overdoses in the state. Senate Bill 47 would improve the state's 911 Good Samaritan law to include alcohol overdoses and eliminate the prospect of criminal liability for violating drug laws while seeking medical assistance for an overdose. Senate Bill 16 would require health care providers to counsel patients on the risk of overdose and to offer prescriptions for the overdose reversal drug naloxone. The bills now go to the House.
Trump Administration Accuses Venezuela VP of Drug Smuggling. The Treasury Department's Office of Foreign Assets Control has imposed sanctions on Venezuelan Vice President Tareck El Aissami, accusing him of being an international drug kingpin. Treasury said that El Aissimi facilitated drug trafficking in his previous post of Aragua state. The Treasury Department placed him on a list reserved for "specially designated narcotics traffickers," part of what's known as the Kingpin Act.
Los Angeles voters go to the polls next month to decide on permitting dispensaries and pot shops, a New Mexico legalization bill hits a bump in committee, an Ohio bill would restore tough cocaine sentences based on the weight of filler -- not actual cocaine -- and more.
[image:1 align:right caption:true]Marijuana Policy
New Mexico Legalization Bill Stalled in Committee. Even though Democrats have a majority in both houses of the legislature, dissent among key Democrats may kill a legalization measure, Senate Bill 278. The bill stalled in the House Judiciary Committee after legal concerns were raised, and one key lawmaker, Sen. Clemente Sanchez (D-Grants) said he would not support. Sanchez is chair of another committee the bill would have to pass through, and his no vote added to Republican no votes in the committee could sound the death knell for the bill.
Los Angeles to Vote on Regulating Pot Shops Next Month. Voters in the nation's second largest city will vote March 7 on whether to adopt Measure M, the Cannabis Activity Permits and Regulations Ordinance. The measure was put on the ballot by the city council and would give the city the power to permit the 135 medical marijuana dispensaries approved by voters under the earlier Measure D, as well as to permit recreational pot shops and marijuana businesses.
Oklahoma Medical Marijuana Bill Filed. State Rep. Eric Proctor (D-Tulsa) has filed a medical marijuana measure, House Bill 1877. The bill would allow the use of medical marijuana for a list of specified illnesses and conditions and is modeled on the successful medical marijuana ,initiative passed next door in Arkansas in November.
Ohio Bill Would Revive Stiffer Sentences for Cocaine Dealers. State Rep. John Rogers (D-Mentor on the Lake) has filed House Bill 4, which would stiffen sentences by not requiring that the weight of the drug measure only actual cocaine and not inert filler. In a case last year, the state Supreme Court threw out cocaine sentences based on the weight of the filler, saying the state must prove the weight of actual pure cocaine in setting sentences. "Ohio's recent court decision sets a new, dangerous trajectory for our state by allowing drug dealers to buy and sell more cocaine with reduced consequences," Rogers said in a statement. "Instead of effectively handcuffing law enforcement from keeping dangerous drug dealers off our streets, I believe that we should be handcuffing the criminals who make our state and communities less safe with dangerous drugs." The bill includes an emergency provision that would allow it take effect immediately upon passage.
Kansas Legislature Punts on Asset Forfeiture Reform. After hearing testimony in the House Judiciary Committee last month on several asset forfeiture reform proposals and receiving an audit last summer that concluded police are taking advantage of vague state laws on how they should report and user seized property, the committee has decided not to act. Instead it has asked a judicial advisory group to review any potential changes.
Sinaloa Cartel Internal Power Struggle Behind Uptick in Cartel Violence, Mexican Official Says. Defense Minister Salvador Cienfuegos said Saturday that rising violence in parts of northern Mexico is most likely linked to an internal power struggle in the Sinaloa Cartel, which has fractured since its leader, Joaquin "El Chapo" Guzman, was first jailed in Mexico, then extradited to the United States. "In the absence of their leader, (rival factions) are fighting over who will control the organization," he said. "I think that's what is happening." More soldiers were to be sent there beginning today and military forces already there will be reorganized, he said.
This article was produced in collaboration with AlterNet and first appeared here.
While the marijuana community -- consumers, industry, and advocates alike -- eyes with trepidation the reign of avowed drug warrior Jeff Sessions at the Justice Department, the Trump executive branch isn't the only game in town when it comes to making marijuana policy. Congress is back in session, and after last November's legalization and medical marijuana victories at the polls, the pot state delegation is larger than ever.
[image:1 align:left caption:true]And at least some of those senators and congressmen and women representing the 28 states (and the District of Columbia) that have embraced medical marijuana and the eight states plus DC that have so far gone for adult legalization, are gearing up to fight for reform at the Capitol.
A nascent congressional Cannabis Caucus formed in December is preparing a plethora of bills for the current session, and its members say they are optimistic about their chances, even in the time of Trump -- and Republicans holding every committee chair in both houses. It's because Congress is riding the marijuana wave, too, said caucus founder and co-chair Rep. Earl Blumenauer (D-OR).
"This Congress is going to be a little better than last Congress, and last Congress was better than the one before that," he said in an interview this week with The Cannabist. "It's very interesting watching the momentum build."
That momentum derives from public opinion polls consistently showing nationwide majorities favoring legalization and, more importantly, the actual victories at the polls in November, where legalization went four for five and medical marijuana went four for four.
"It's easier for people to embrace much of what we're doing legislatively," he said. Fixing industry-critical concerns such as the lack of operating expense deductions or access to financial services for state-legal businesses or barriers to medical marijuana research are now mere "housekeeping" issues, he added.
Nonetheless, fixes still have to get through the Congress. They haven't so far, and it's a long way between filing a bill and seeing it signed into law. Still, Blumenauer and colleagues will be pushing harder than ever.
He is joined in the Cannabis Caucus by co-chairs Reps. Jared Polis (D-CO), Dana Rohrabacher (R-CA), and Don Young (R-AL). The bipartisan grouping is notably made up of representatives from vanguard legalization states, but by no means all of them -- California alone has 53 House members -- and there is certainly room for more to come on board.
"I'm more hopeful than ever before that we can move legislation like the Regulate Marijuana Like Alcohol Act," Polis told The Cannabist, referring to last session's H.R. 1013, which picked up 19 cosponsors and was referred to a slew of subcommittees, but never even got a hearing.
[image:2 align:right caption:true]That bill was one of about two dozen pot-related proposals filed in the last session, and they're already starting to pile up again this session. While Blumenauer told The Cannabist more were to come, here's what's on the table so far:
H.R. 331 -- Filed by Rep. Barbara Lee (D-CA), the States' Medical Marijuana Rights Protection Act would block federal civil asset forfeiture aimed at the owners of state-legal medical marijuana operations.
H.R. 714 -- Filed by Rep. H. Morgan Griffith (R-VA), the Legitimate Use of Medicinal Marihuana Act would move marijuana to the Controlled Substance Act's Schedule II, opening the door to more research and, potentially, doctors' ability to prescribe (as opposed to recommend) marijuana for patients. It would also bar the use of that act or the Food, Drug, and Cosmetic Act to interfere with medical marijuana in states where it is legal.
H.R. 715 -- Also filed by Rep. Griffith, the Compassionate Access Act would reschedule marijuana, provide for its medical use under state laws, and remove CBD (cannabidiol) from the definition of marijuana.
H.R. 975 -- Filed by Cannabis Caucus co-chair Rep. Rohrabacher, the Respect State Marijuana Laws Act would exempt people and entities from certain provisions of the Controlled Substances Act if they are acting in compliance with state laws. Rohrabacher authored similar legislation in the last Congress, garnering 20 cosponsors, including seven Republicans.
There is no outright federal marijuana legalization bill out there yet this session, but expect to see Rep. Polis come back with his bill or perhaps Bernie Sanders reviving his bill to end federal marijuana prohibition, or both. Given political realities on the Hill, though, the Cannabis Caucus will likely save its political capital for fights it might be able to win, such as fixing the tax and banking problems facing the industry.
Another key battleground -- and one where marijuana advocates have actually won before -- is the appropriations process. The Justice Department and the DEA can't go after marijuana in legal states if Congress bars them from spending any federal funds to do so, and that's exactly what Congress did when it approved the Rohrabacher-Farr Medical Marijuana Amendment last session.
If a similar amendment were to succeed again, even if Attorney General Sessions wanted to call out the cavalry, he couldn't buy the horse feed, and it wouldn't matter how many nasty memos his deputies wrote.
And while his past pronouncements are indeed worrisome, he was quite coy at his nomination hearings, saying that he "won't commit to never enforcing federal law," but adding that enforcement priorities are "a problem of resources for the federal government."
Sessions did add later in the hearings that it's not "the attorney general's job to decide what laws to enforce," but suggested that his former colleagues could settle things once and for all.
[image:3 align:left caption:true]"I think one obvious concern is that the United States Congress has made the possession of marijuana in every state and distribution of it an illegal act," he said. "If that something is not desired any longer, Congress should pass the law to change the rule."
And then there's Sessions' boss, President Trump. While he projects a law and order image and has campaigned against "drugs," the drugs he seems most concerned about are heroin and the prescription opioids -- not pot. He's also suggested in the past a willingness to let states experiment on marijuana policy, and he has a lot of other things on his plate. It's not at all clear he would let Sessions unleash a war on weed even if he wanted to.
Earl Blumenauer doesn't think Trump wants to charge into this particular melee.
"This is a struggle and will continue to be, but this is something where I honestly don't think the new administration, which has probably enough controversy on its hands, is going to knowingly pick a fight with what, almost without exception, was approved by local voters," Blumenauer said.
To ensure that Sessions doesn't strike out, "we need to make the case directly to Trump" about the economic potential of the marijuana industry, said Polis. But until federal marijuana prohibition is ended, "the industry really exists at the discretion of the president and the attorney general, and that's a dangerous place to be," he added.
Well, and Congress, too. It holds the purse strings, after all.
Marijuana policy is going to be at play in the 115th Congress. Ending federal prohibition remains the Holy Grail, but in the meantime, there are concrete actions Congress can take to protect medical and legal marijuana and the industry it's creating. Now, let's see if the Cannabis Caucus can lead the way to some victories.
Donald Trump takes a hard line on crime and drugs, a new Michigan poll has support for marijuana legalization at an all time high, a Brazilian Supreme Court justice calls for an end to the drug war there, and more.
[image:1 align:left caption:true]Marijuana Policy
Michigan Poll Has Support for Legalization at Highest Level Ever. A new poll from EPIC/MRA has support for marijuana legalization in the state at 57%. That's a four percent increase from the same poll last year. The poll comes as activists organized as MILegalize prepare efforts to get a legalization initiative on the 2018 ballot. They came up just short last year after the state legislature and state courts blocked their efforts to get all their signatures counted.
New Jersey Lawmakers Vow to Press Forward With Legalization Effort Despite Trump. Garden State lawmakers say the appointment of marijuana legalization foe Jeff Sessions as President Trump's attorney general will not stop them from pressing forward with their efforts. State Sen. Nick Scutari (D) said he is "concerned," but not deterred. "It doesn't give me pause. It's a concern but we are not going to pause," Scutari said Thursday. "Hopefully he will follow what President Trump said as a candidate -- that it's a states' rights issue."
Vermont's GOP Governor Opposes Legalization Bill. Gov. Phil Scott's (R) administration came out firmly against legalization Thursday. "We oppose this bill," State Police Major Glenn Hall told the House Judiciary Committee. "We speak with one voice," added Public Safety Commissioner Tom Anderson. "That's what the governor stands for also."
Arkansas Bills to "Fix" Medical Marijuana Law Moving. Six medical marijuana-related bills moved out of committees to face floor votes in their respective chambers Wednesday. The House Rules Committee advanced five bills, while the Senate Education Committee advanced one bill. More bills are still in committee. Many of the bills deal with technical "fixes," but some of them would alter the way the program is intended to work. Click on the link for a complete rundown on the bills.
Trump Signs Executive Orders Aimed at Drugs, Crime. The president signed three executive orders he said were "designed to restore safety in America." One that aims to "reduce crime and restore public safety" directs Attorney General Sessions to create a Task Force on Crime Reduction and Public Safety, which is charged with developing "strategies to reduce crime, including, in particular, illegal immigration, drug trafficking and violent crime" proposing new legislation, and submiting at least one report to the President within the next year. The second is aimed at combatting international drug trafficking organizations, while the third directs the Justice Department to use existing federal law to prosecute those who commit crimes against police officers.
Brazil Supreme Court Judge Calls for Marijuana, Cocaine Legalization. Supreme Court Justice Robero Barroso called Friday for marijuana and even cocaine to be legalized to erode the growing power of illegal drug trafficking organizations. Fifty years of drug war had only clogged jails with small-time offenders and fueled violent gang battles. "Unlike the United States and Europe where the problem lies in the impact drugs have on consumers, in Brazil the problem lies in the power drug traffickers have over poor communities," Barroso said. "I can assure you it is only a matter of time. Either we legalize marijuana now or we do it in the future after we have spent billions and incarcerated thousands."
Chronicle AM: Drug Warrior Jeff Sessions is AG, NY Gov Calls Marijuana Gateway Drug, More... (2/9/17)
A man who thinks marijuana users aren't "good people" is now the US attorney general, New York's Democratic governor cites the gateway theory as he opposes marijuana legalization, North Dakota lawmakers kill a welfare drug testing bill, and more.
[image:1 align:right caption:true]Marijuana Policy
New York Governor Calls Marijuana "Gateway Drug," Rejects Legalization. Gov. Andrew Cuomo (D) said Wednesday that marijuana is "a gateway drug, and marijuana leads to other drugs and there's a lot of proof that that's true... There's two sides to the argument. But I, as of this date, I am unconvinced on recreational marijuana."
Washington Bill Would Bar State From Helping Any Federal Crackdown. A bipartisan bill sponsored by Rep. David Sawyer (D-Lakewood) and three others would attempt to protect the state's legal marijuana industry by "prohibiting the use of public resources to assist the federal government in any activity that might impede or interfere with Washington state's regulation of marijuana and marijuana-related products." The measure is House Bill 1895, which is now before the House State Government, Elections, and Information Technology Committee.
Kansas Medical Marijuana Bill Filed. State Sen. David Haley (D-Kansas City) has filed Senate Bill 155, which would allow patients with specified diseases or conditions to grow and possess medical marijuana, or have a caregiver grow it for them. The bill also envisions the creation of state regulated and taxed "compassion centers" or dispensaries.
Jeff Sessions Confirmed As Attorney General, Drug Policy Reformers React. The Senate confirmed Alabama Republican Senator Jeff Sessions as Attorney General on a near party-line vote Wednesday night. The marijuana and drug reform communities -- among many others -- are nervous about how Sessions might deviate from the Obama administration's hands-off policy on marijuana in the states, as well as broader criminal justice issues. "Jeff Sessions and President Trump are stuck in the 1980s when it comes to drug policy, while most of the country knows by now that we need alternatives to the failed drug war," the DPA's Bill Piper said. "If the Administration tries to roll back marijuana reform or to undermine criminal justice reform they will find themselves even less popular than they are now."
North Dakota Senate Kills Welfare Drug Testing Bill. The Senate killed Senate Bill 2279, which would have required mandatory "addiction screening" of people receiving food stamps, with those identified as being "at risk" of drug use being forced to undergo drug treatment. The measure died on a 20-26 vote after legislators pointed out that similar welfare drug testing programs have found only a tiny number of people.
Peru Government Will Present Medical Marijuana Bill. The administration of President Pedro Kuczynski said it will present a bill allowing for the use of medical marijuana to the legislature, which is dominated by the opposition. The move comes in the wake of a public uproar after police raided a Lima house where a group of parents grew marijuana to make cannabis oil to treat their children's epilepsy and other diseases.
A federal bill to let states experiment with marijuana policy is back, CBD cannabis oil and medical marijuana study bills advance at the statehouse, trouble is bubbling up in Morocco's hash-producing regions, and more.
[image:1 align:left caption:true]Marijuana Policy
Republican Congressman Files Federal Bill to Let States Set Own Marijuana Policies. Rep. Dana Rohrabacher (R-CA) Tuesday filed House Resolution 975, the Respect State Marijuana Laws Act. The bill would resolve conflicts between state and federal laws by exempting people and entities from certain provisions of the Controlled Substances Act if they are acting in compliance with state laws. Rohrabacher authored similar legislation in the last Congress, garnering 20 cosponsors, including seven Republicans.
Minnesota Legalization Bill Filed. Rep. Jon Applebaum (DFL-Minnetonka) filed a bill Wednesday to legalize marijuana for recreational use. "Minnesotans are rightfully developing different attitudes on marijuana," Applebaum said in a news release. "Other states' successes, along with the failed prohibition attempts of others, validated the need for a statewide conversation," he added. The bill is not yet available on the legislative website.
Georgia Bill to Lower THC Levels, Add Autism Advances. A bill that would add autism to the list of qualifying conditions for using CBD cannabis oil, but would also lower the amount of THC in cannabis oil was approved by the Senate Health and Human Services Committee. Medical marijuana advocates like Senate Bill 16 for its autism provision, but don't want the lower THC provision. The bill would drop allowable THC levels from 5% to 3%.
Utah House Passes Medical Marijuana Research Bill. The House voted overwhelmingly Tuesday to pass House Bill 130, which would allow universities in the state to study medical marijuana. The bill is a fallback after legislators retreated from earlier plans to push an actual medical marijuana bill. The bill now advances to the Senate.
Wisconsin Senate Approves CBD Cannabis Oil Bill. The Senate voted overwhelmingly Wednesday to approve a bill allowing for the use of CBD cannabis oil to treat seizures. Senate Bill 10 now heads to the House.
Maryland Bill Would Set Criminal Penalties for People Who Sell Drugs Linked to Fatal Overdoses. A bill that would set criminal penalties of up to 30 years in prison for people who sell heroin or fentanyl where "the use of which is a contributing cause to the death of another" has been filed in the House. The measure, House Bill 612, aims not only at the person who directly sold the drug, but also anyone in the supply chain. It's scheduled for a committee hearing on February 28.
Morocco Drug Control Policy Sparking Unrest in Country's North. The death of an illegal fish vendor in November has sparked months of widespread protests and unrest in Morocco's Rif, but that unrest has been brewing for years thanks to a lack of economic development and the government's harsh treatment of cannabis growers, one of the few economic activities available to area residents: "This situation in which Rifans are left with few other economic options than to engage in illicit activities and risk criminal sanctions is aggravated by the harsh provisions of the Moroccan narcotics law. While drug use is punished with two months to one year in prison, the law allows for up to 30 years for drug trafficking offenses. The average sentence is around 10 to 15 years, even for minor, non-violent offences."
Philippines President Insults Former Colombia President Over Drug Policy Criticisms. Philippines President Rodrigo Duterte called former Colombian President Cesar Gaviria "an idiot" for publishing an article in the New York Times criticizing Duterte's murderous crack down on drugs. "To tell you frankly... they say that Colombia leader has been lecturing about me. That idiot," Duterte said.
Colombia Gives Land Titles to Families Abandoning Coca Crops. The Colombian government announced Monday it will grant land titles to some 10,000 peasant families that have given up on coca production. The program will take place in southern Cauca, Nariño and Putumayo provinces, where about half the country's coca is grown. The move comes after the government and the leftist guerrillas of the FARC agreed to a crop eradication and substation program last month.