A pair of congressmen reject the Justice Department's stance that it can still prosecute California dispensaries, an Alaska marijuana regulation bill moves, a Mississippi legalization initiative gets a boost, two Colorado harm reduction bills become law, and more.
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Alaska House Passes Marijuana Regulation Bill. The House Thursday gave final approval to House Bill 75, which clarifies the ability of localities to ban or regulate commercial pot businesses. The bill now heads to the Senate.
Florida Activist Will Help Pay for Mississippi Legalization Initiative Signatures. Jeremy Bufford, president of Florida's Medical Marijuana United, has announced he will pay $1 for each valid signature gathered for Ballot Initiative 48, the Mississippi marijuana legalization initiative. He said he would pay $2 per signature in some areas of the state where people have been reluctant to sign. The initiative campaign needs 107,216 valid voter signatures to qualify for the 2016 ballot.
Congressmen Reject DOJ Claim It Can Still Prosecute California Dispensaries. Reps. Sam Farr (D-CA) and Dana Rohrabacher (R-CA), authors of the successful congressional budget amendment protecting medical marijuana in states where it is legal, have rejected Justice Department claims that it can still go after dispensaries in California. "The Justice Department's interpretation of the amendment defies logic," Farr said. "No reasonable person thinks prosecuting patients doesn't interfere with a state's medical marijuana laws. Lawyers can try to mince words but Congress was clear: Stop going after patients and dispensaries." A Rohrabacher spokesman added that "the congressman believes the amendment's language is perfectly clear and that the DOJ's self-referential interpretation is emphatically wrong."
Idaho Senate Passes CBD Cannabis Oil Bill. The bill was killed in committee on Monday, but brought back to life Thursday and passed the Senate today. Senate Bill 1146 would allow for the use of CBD for "intractable seizure disorder." It won the support of all seven Democratic state senators and 15 of 27 Republican state senators.
Colorado Governor Signs Harm Reduction Bills. Gov. John Hickenlooper (D) today signed into law two harm reduction bills: SB 15-53, which expands access to the opiate overdose reversal drug naloxone, and SB 15-116, under which people carrying needles would not be subject to arrest if they reveal they have them prior to being searched by police.
Indian Maoists Fund Their Fight With Marijuana. Officials in Orisha state say that Maoist militants known as Naxalites are relying on marijuana cultivation as a major source of funding. The Naxalite rebellion has festered in parts of the country for decades.
Chronicle AM: DOJ Says It Can Still Prosecute Dispensaries, GA Forfeiture Bill Passes, More (4/2/15)
A Tennessee "decrim" bill moves, an Idaho CBD cannabis oil bill is back from the dead, a Georgia asset forfeiture reform bill passes, the Justice Department says it can still prosecute California dispensaries, and more.
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Tennessee Bill to Lessen Marijuana Penalties Wins Committee Vote. A bill that would make possession of up to an ounce a misdemeanor punishable only by a $100 fine was approved by the House Criminal Justice Committee Wednesday. The bill, House Bill 873, now goes before the House Finance and Ways and Means Committee. Companion legislation, Senate Bill 1211, is set to be heard by the Senate Judiciary Committee next week. Under current law, possession of between a half-ounce and 10 pounds is a felony.
Justice Department Says It Can Still Prosecute California Dispensaries. A Justice Department spokesman said Wednesday that the congressional ban on the agency interfering with medical marijuana in states where it is legal does not apply to California dispensary prosecutions. Patrick Rodenbush said the department does not believe the amendment to a spending bill applies to cases against individuals, but only stops Justice from "impeding the ability of states to carry out their medical marijuana laws."
Florida CBD Implementation Bill Faces More Challenges. A bill trying to get the state's CBD cannabis oil law, passed last year, actually implemented is now facing a new challenge: how to give black farmers a fair shot at growing the new crop. The existing law only allows farms that have been in existence for at least 30 years and that grow 400,000 plants or more to apply for one of five licenses to cultivate and distribute the crop. But hundreds of black farmers say they are being cut out of the deal because 30 years ago, they were still fighting with the US Department of Agriculture over discriminatory lending practices and weren't yet in business. The sponsor of both last year's successful bill and this year's implementation bill, Sen. Rob Bradley (R-Fleming Island), said he would attempt to address the issue. The bill is Senate Bill 7066.
Idaho CBD Cannabis Oil Bill is Back from the Dead. The bill, Senate Bill 1146, was killed on a tie vote in the House State Affairs Committee Monday, but the committee has agreed to reconsider it and was set to meet today for further discussion on it. If it passes the committee, it could go to a House floor vote tomorrow.
FDA to Help Drug Makers Develop Abuse-Deterrent Opiates. "The science of abuse-deterrent medication is rapidly evolving, and the FDA is eager to engage with manufacturers to help make these medications available to patients who need them," Dr. Margaret A. Hamburg, the FDA's commissioner, said in a press release. "We feel this is a key part of combating opioid abuse. We have to work hard with industry to support the development of new formulations that are difficult to abuse but are effective and available when needed." The agency also issued a document called "Guidance for Industry: Abuse-Deterrent Opioids -- Evaluation and Labeling," outlining how future studies can decide whether a new drug has abuse-deterrent properties.
Georgia Asset Forfeiture Reform Bill Passes Senate. A bill that would standardize asset forfeiture procedures easily passed the Senate Tuesday. The bill is House Bill 233. It has already passed the House and now goes to the desk of Gov. Nathan Deal (R). The bill creates safeguards for owners of seized assets, requires regular accounting, and prohibits law enforcement agencies from using seized goods for anything other than law enforcement.
A federal CBD bill is filed, the federal medical marijuana bill picks up more sponsors, and bills are moving (or dying) in a number of state. Let's get to it:
Last Thursday, a federal CBD bill was filed. Rep. Scott Perry (R-PA) filed HR 1635, which would amend the Controlled Substances Act to exclude cannabidiol (CDB) and CBD-rich marijuana plants from the definition of marijuana under the act.
As of Tuesday, the House CARERS Act had eight cosponsors. The House version of the federal bill to allow states to move forward on medical marijuana without federal interference is accumulating cosponsors. Rep. Steve Cohen (D-TN) introduced it a week ago today, and it now has seven more cosponsors. Click on the link to see who they are.
Last Thursday, the Fresno city council voted to allow residents to grow up to four plants. The move would be a step forward for the city, which last year banned all cultivation within the city limits. The council will take a second and final vote on the measure in coming weeks.
Also last Thursday, four Yuba county medical marijuana growers sued the county over its new, restrictive medical marijuana cultivation ordinance. The ordinance allows only for up to 12 plants to be grown inside a structure -- but not a residence -- and no outdoor grows.
Last Friday, a raided El Dorado County dispensary operator sued the county to recover marijuana and financial and medical records seized during a sheriff's department raid last November. The Pure Life Cannabis Collective has been closed since the raid. The lawsuit charges that the dispensary was legitimate and the raid was not.
Last Friday, more delays came for the state's CBD medical marijuana program. A Central Florida grower and a South Florida trade association are the latest to file legal challenges to the state Health Department's rules for the program. The program envisions only five growers, and the competition is vicious. Now, there are three active legal challenges, which means the department cannot proceed with the program until they are resolved. This is after an earlier delay caused by an earlier legal challenge.
On Tuesday, an expanded CBD medical marijuana bill won a committee vote. The Senate Health Policy Committee approved a bill that would expand the list of qualifying conditions for the use of CBD cannabis oil, quadruple the number of dispensing organizations to 20, and establish a time frame for issuing licenses.
Last Wednesday, a CBD medical marijuana bill passed the legislature. The House gave final approval to House Bill 1, which would allow patients with eight specified diseases to use CBD cannabis oil. Gov. Nathan Deal (R) said today he will sign the bill.
Last Friday, Gov. Deal signed an executive order to speed expedite the new law. Gov. Nathan Deal (R) signed the order to speed up the enactment of House Bill 1, which has passed both houses of the legislature. The bill provides immunity from prosecution for CBD patients who register with the state. Deal said he would sign the bill at the end of the legislative session.
Last Wednesday, a dispensary bill won a pair of committee votes. The Senate Public Health and Public Safety committees have approved House Bill 321, which would create dispensaries and production centers in each county in the state. They also amended the bill to speed up the opening of dispensaries, which would now be set for next year.
On Monday, the governor's office pushed back against a CBD cannabis oil bill. Gov. "Butch" Otter (R) sent his drug policy point-man to the capitol today to speak out against Senate Bill 1146, which would provide an affirmative defense for parents of children using low-THC, high-CBD cannabis oil to treat severe seizures. Elisha Figueroa, head of the Idaho Office of Drug Policy, warned that "Idaho will be violating federal law if this bill passes." Fourteen other Republican-controlled legislatures have passed similar laws, but they're all violating federal law, too, he said. Figueroa is pushing for a different bill, Senate Bill 1156, which would set up a special program to run trials on a GW Pharma CBD product called Epidiolex.
On Tuesday, the bill was killed in committee. The House State Affairs Committee listened to hours of tearful testimony from supporters of Senate Bill 1146, which would allow for the use of CBD cannabis oil to treat epileptic seizures in children, then voted to kill it Monday.
Last Wednesday, a medical marijuana bill won a committee vote. The Senate Ways and Means Committee approved Senate Study Bill 1243, which would allow patients with a number of specified medical conditions to use medical marijuana -- but not to smoke it.
On Monday, a medical marijuana bill won a committee vote. The House Select Committee on General Laws approved House Bill 800, which would allow for the use of medical marijuana for a handful of specified diseases. It would also allow for up to 30 dispensaries.
Last Thursday, the Assembly approved a trio of medical marijuana bills. Legislators in Trenton Thursday approved adding PTSD to the list of qualifying diseases, and then some. They also approved ACR 224, which would undo the Christie rule that doctors who recommend medical marijuana must be publicly listed and A 4286, which allows dispensaries to share surpluses. The bills now go to the state Senate.
On Wednesday, the state issued final regulations for the medical marijuana program and advocates were not happy. The state has issued final regulations for the program, and they are very similar to the heavily-criticized draft regulations it started out with several months ago. The regs limit the number of dispensaries to 20 and don't add any new qualifying conditions. Assemblyman Richard Gottfried (D-Manhattan), the law's sponsor, said the final regs are needlessly restrictive and "gratuitously cruel."
Last Wednesday, a medical marijuana bill was killed in committee. After an intense hour-long hearing, the House Judiciary Committee voted to kill a medical marijuana bill, House Bill 78. Some supporters of the bill vowed to move to other states, while one Republican foe of the bill, Rep. Dan Arp, complained he was struck in the back by an angry supporter. The man was detained by police, but later released without charges.
On Tuesday, a medical marijuana bill won a committee vote. The House Health Subcommittee unanimously approved a bill sponsored by Rep. Ryan Williams (R-Cookville). The measure, which would not allow for the smoking of marijuana, now goes to the full House Health Committee.
[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]
Colorado defends marijuana legalization at the Supreme Court, a DC seed sharing event goes big on its second day, pediatricians reject drug testing in schools, two courts set limits on worker drug testing, the feds go after Reddit users over dark web drug sales, and more.
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Alaska House Marijuana Regulation Bill Moves. The House Judiciary Committee has approved a new version of House Bill 79, which defines a municipality's role in regulating pot businesses, sets a maximum household limit of 24 plants, and includes pot clubs in the list of regulated marijuana businesses. The bill also bans public consumption of marijuana.
New Legalization Ballot Campaign Launched in Arizona. Dr. Gina Berman, chair of the Marijuana Policy Project's Arizona legalization initiative campaign, has formed a second ballot committee, Responsible Arizona. It's unclear exactly why, although it could be an effort to blunt opposition to marijuana law reforms from a recently-formed group called Arizonans for Responsible Drug Policy. Responsible Arizona has not yet released a draft initiative.
Kansas Bill to Lessen Pot Penalties Will Get Floor Vote. A bill that would lessen penalties for first- and second-time pot law violators will get a floor vote this session, House Speaker Rep. Ray Merrick (R-Stilwell) has confirmed. The measure, sponsored by Rep. John Rubin (R-Shawnee), would make second-time possession a misdemeanor with no jail time, as opposed to the up-to-42 months the charge now carries.
DC Seed Sharing Event Draws Thousands on Day Two. People lined up for blocks around the DC Cannabis Campaign headquarters in Adams Morgan Saturday to get marijuana seeds. The second day of the "seed sharing" event was even more successful than the first.
Colorado Defends Marijuana Legalization at the Supreme Court. State Attorney General Cynthia Coffman last Friday urged the high court to reject a lawsuit filed by Oklahoma and Nebraska seeking to invalidate the state's legalization of marijuana. She told the justices the two states were trying to "selectively invalidate state laws with which they disagree." She also pointed out that overturning the state's regulation and taxation of marijuana would lead to a situation where marijuana remains legal, but unregulated.
House CARERS Act Picks Up Cosponsors. The House version of the federal bill to allow states to move forward on medical marijuana without federal interference is accumulating cosponsors. Rep. Steve Cohen (D-TN) introduced it a week ago today, and it now has seven more cosponsors. Click on the link to see who they are.
Georgia Governor Signs Executive Order to Expedite CBD Cannabis Oil Law. Gov. Nathan Deal (R) last Friday signed the order to speed up the enactment of House Bill 1, which has passed both houses of the legislature. The bill provides immunity from prosecution for CBD patients who register with the state. Deal said he would sign the bill at the end of the legislative session.
Idaho Governor's Office Pushes Back Against CBD Cannabis Oil Bill.Gov. "Butch" Otter (R) sent his drug policy point-man to the capitol today to speak out against Senate Bill 1146aa, which would provide an affirmative defense for parents of children using low-THC, high-CBD cannabis oil to treat severe seizures. Elisha Figueroa, head of the Idaho Office of Drug Policy, warned that "Idaho will be violating federal law if this bill passes." Fourteen other Republican-controlled legislatures have passed similar laws, but they're all violating federal law, too, he said. Figueroa is pushing for a different bill, Senate Bill 1156, which would set up a special program to run trials on a GW Pharma CBD product called Epidiolex.
Pediatricians Reject School Drug Testing. The American Academy of Pediatricians has recommended against schools using suspicionless drug testing. There is little evidence that drug testing deters drug use or helps get users into drug treatment, the group said in an updated policy statement published in the journal Pediatrics.
Anonymous Tip Not Enough to Create "Reasonable Suspicion" for Employee Drug Test, Federal Court Rules. An unidentified source telling a reporter about on the job drug use and the reporter then relaying the assertion to the employer is not enough to create individualized reasonable suspicion" to require a public employee to submit to a drug test, the US District Court for the Eastern District of Michigan ruled this month. The ruling came in the case of a Detroit construction inspector who was fired after refusing a drug test after a reporter called public works to say an anonymous informant had told him workers were smoking pot. The inspector has been reinstated.
Presence of Marijuana Metabolites in Drug Test Doesn't Workman's Comp Benefits, Ohio Court Rules. A worker who had marijuana metabolites in his system is not barred from collecting workman's compensation benefits unless drug use was the proximate cause of his work-related injury, the Ohio Court of Appeals has ruled. In the case in question, the employer showed no evidence the worker was under the influence of marijuana when he was injured, only that he had used it sometime in the recent past.
Feds Target Reddit Users in Bid to Crack Dark Web Drug Sales. The Department of Homeland Security's Immigration and Customs Enforcement (ICE) division has subpoenaed Reddit demanding that it turn over personal data about five users of its dark web drug markets forum. The feds are seeking names, IP addresses, data on site visits, and other information, such as phone numbers and credit card data, that Reddit doesn't possess. The popular web discussion site doesn't even require an email address to register. The subpoenas appear to be an expansion of investigations into the Evolution dark web drug sales site.
DC Sentencing Reform Summit Drew Hundreds. More than 600 lawmakers, advocates, and criminal justice leaders gathered in the nation's capital last Thursday to unite for sentencing reform. Among those attending were Attorney General Holder, Sen. Cory Booker (D-NJ), The Wire creator David Simon, and many more. Click on the link for more details and press coverage.
Vietnam Moving to End Death Penalty for Some Drug Offenses. The Ministry of Justice last week proposed abolishing the death penalty for a number of crimes, including heroin smuggling. It said it would keep the death penalty for heroin dealing, but not for smuggling and possession. Those acts will only carry a penalty of up to life in prison.