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Marijuana (STDW)

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

Sun, 03/26/2017 - 18:45

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

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

[image:1 align:left caption:true]"I don't think there's any more reason to be scared than to be hopeful at this point," said Mason Tvert, Denver-based communications director for the Marijuana Policy Project. "The administration has not changed its marijuana policy, and there is reason to believe it may maintain the existing policy or adopt a similar one that respects states' laws regulating marijuana."

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

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

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

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

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

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

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

Maintaining the Status Quo

[image:2 align:right caption:true]Medical marijuana is now legal in more than half the states and adult recreational use is legal in eight, including the entire West Coast. Some early enforcement actions notwithstanding, the Obama administration largely turned a blind eye to state-legal but federally-illegal marijuana. The Obama Justice Department adhered to the Cole memorandum, a 2013 "guidance" to federal prosecutors that essentially limited them to going only after legal marijuana operations that crossed specified lines: selling to minors, diverting product to non-legal states, being involved in violence or other trafficking, and the like.

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

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

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

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

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

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

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

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

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

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

Still, Bad Things Could Happen

[image:3 align:left caption:true]While an oppositional Trump administration may retard the expansion of legal marijuana in the states, the status quo of a fifth of the country living under legalization and more than half with access to medical marijuana appears unlikely to be rolled-back. But that doesn't necessarily mean a free ride for legal weed.

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

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

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

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

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

The Fightback Against Rollback Will Only Grow Stronger

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

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

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

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

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

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

Categories: Marijuana

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

Fri, 03/24/2017 - 20:59

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

[image:1 align:left caption:true]Marijuana Policy

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

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

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

Medical Marijuana

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

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

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

Industrial Hemp

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

Drug Policy

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

Drug Testing

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

International

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

Categories: Marijuana

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

Thu, 03/23/2017 - 20:36

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

[image:1 align:right]Marijuana Policy

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

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

Law Enforcement

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

International

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

Categories: Marijuana

Medical Marijuana Update

Wed, 03/22/2017 - 20:26

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

[image:1 align:right]Arizona

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

Arkansas

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

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

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

Georgia

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

Massachusetts

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

Nebraska

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

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

Nevada

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

New Hampshire

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

New York

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

North Dakota

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

Tennessee

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

Utah

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

Virginia

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

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

Categories: Marijuana

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

Wed, 03/22/2017 - 19:53

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

[image:1 align:left caption:true]Marijuana Policy

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

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

Medical Marijuana

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

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

Hemp

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

Asset Forfeiture

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

Categories: Marijuana

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

Tue, 03/21/2017 - 20:55

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

[image:1 align:right caption:true]Marijuana Policy

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

Medical Marijuana

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

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

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

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

Law Enforcement

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

International

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

Categories: Marijuana

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

Mon, 03/20/2017 - 19:58

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

[image:1 align:left caption:true]Marijuana Policy

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

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

Medical Marijuana

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

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

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

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

Hemp

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

Drug Policy

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

Drug Testing

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

Law Enforcement

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

International

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

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

Categories: Marijuana

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

Fri, 03/17/2017 - 20:57

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

[image:1 align:right]Marijuana Policy

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

Medical Marijuana

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

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

Hemp

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

Asset Forfeiture

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

International

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

Categories: Marijuana

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

Thu, 03/16/2017 - 20:55

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

[image:1 align:left caption:true]Marijuana Policy

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

Medical Marijuana

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

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

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

Heroin and Prescription Opioids

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

International

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

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

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

Categories: Marijuana

Medical Marijuana Update

Wed, 03/15/2017 - 22:24

Arkansas and Florida continue grappling with implementing the will of the voters, a Colorado bill to limit personal grows advances, Kansas legislators advance a CBD bill despites the wishes of medical marijuana activists, and more. 

[image:1 align:right]Arkansas 

On Monday, the Senate agbain rejected a ban on smoked medical marijuana. For the second time in a week, the Senate has rejected Senate Bill 357, which would have banned smoking of medical marijuana. The Senate rejected the bill on a 15-11 vote and slapped down a later motion to allow it come back for yet another vote by a margin of 11-0.

Colorado

Last Friday, Cthe House gave preliminary approval to cutting home cultivation plant limits. The House voted to give preliminary approval to House Bill 17-1220, which would limit medical marijuana home grows to 16 plants per residence. The current limit is 99 plants. Gov. John Hickenlooper (D) and law enforcement support the bill as a means of reducing diversion. The House must vote on the bill again this week before sending it to the Senate.

Florida

As of Sunday, state lawmakers had six competing medical marijuana plans to choose from. Voters approved medical marijuana at the ballot box last November. Now, the legislature is trying to figure out how to implement it. Here's an overview of the six competing plans.

Kansas

Last Thursday, a Senate committee approved a CBD bill, but activists were not happy. The Senate Federal and State Affairs Committee approved a CBD cannabis oil bill, but only after gutting the original bill, Senate Bill 155, and replacing it with Senate Bill 151, which would only allow doctors to recommend "non-intoxicating" cannabinoid medications. "This is not the scope of what those who want to see prescriptive authority for medical marijuana want," said Sen. David Haley (D-Kansas City), who sponsored the original bill. Haley said he would attempt to restore the original bill this week.

West Virginia

Last Thursday, the House killed a surprise bid to reschedule marijuana. Seeing that medical marijuana legislation was going nowhere in Charleston, Delegate Shawn Fluharty (D-Ohio) attempted to inset an amendment into a routine drug scheduling bill that would have moved marijuana from Schedule I to Schedule IV. The amendment excited several hours of debate, but was ultimately killed on a 35-64 vote. "Why are we so scared of helping people?" Fluharty argued in closing floor debate. "That's exactly what this does."

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

Categories: Marijuana

Chronicle AM: US Senate Okays Unemployment Drug Testing, NM Decrim Advances, More... (3/15/17)

Wed, 03/15/2017 - 20:49

The US Congress has voted to allow states to force drug tests on people seeking unemployment benefits, decriminalization bills get filed in Florida and advance in New Mexico, another mass grave is uncovered in Old Mexico, and more.

[image:1 align:right caption:true]Marijuana Policy

Florida Decriminalization Bills Filed. A pair of lawmakers have filed identical decriminalization bills. Rep. Carlos Guillermo Smith (D-Orlando) filed House Bill1403, while Sen. Jeff Clemens (D-Lake Worth) filed Senate Bill1662. Under the bills, possession of up to an ounce would be decriminalized, with a maximum $100 fine. Under current law, possession of up to an ounce is punishable by up to a year in jail and/or a $1,000 fine.

New Mexico Decriminalization Bill Advances. A bill that would decriminalize the possession of up to a half ounce of marijuana has passed out of the House Consumer and Public Affairs Committee and now faces only one more vote in the House Judiciary Committee before heading to the House floor. The measure, Senate Bill 258, has already passed the Senate.

Heroin and Prescription Opioids

Washington State Bill Would Force Heroin and Opioid Users into Treatment. State Sen. Steve O'Ban (R-University Place) has filed a bill that could force opioid users into involuntary drug treatment by declaring them "gravely disabled" under the Involuntary Treatment Act. The measure, Senate Bill 5811, had a hearing Tuesday in the Senate Committee on Human Services, Mental Health, and Housing, but no vote was taken, and O'Ban said he didn't think the bill was going anywhere this year.

Asset Forfeiture

Mississippi Governor Signs Civil Asset Forfeiture Reform Bill into Law. Gov. Phil Bryant (R) Monday signed into law House Bill 812, under which state law enforcement agencies will have to report their seizures, create a searchable website for seizure information, and submit civil seizure warrants to judges within 72 hours. The new law doesn't end civil asset forfeiture in the state, but advocates said "it's a start."

Drug Testing

Senate Votes to Allow States to Drug Test People Seeking Unemployment Benefits. The Senate voted 51-48 along party lines to roll back an Obama-era regulation that blocks states from demanding drug tests of people seeking unemployment benefits. Under a 2012 law, states can only drug test individuals applying for unemployment benefits if they were previously fired for drug use or work in jobs for which workers are regularly drug tested. The Obama rule specified a list of jobs that could be included under the law. The measure has already passed the House, and President Trump is expected to sign it.

International

Mass Grave Discovered in Mexico's Veracruz. Searchers have uncovered a series of mass graves on the outskirts of the city of Veracruz where scores, if not hundreds, of people believed to have been killed in drug gang violence have been buried. On Tuesday, local prosecutor Jorge Winkler told reporters that 250 human skulls had been found at the sites. An estimated 100,000 people have been killed in Mexico's drug wars in the past decade, and tens of thousands more have gone missing.

Colombia Coca Cultivation at Two-Decade High, US Says. The US estimates that coca production in Colombia increased 18% last year over 2015, with nearly half a million acres under production. The spike in production comes as the country begins implementing a peace accord with FARC rebels, and be the result of a "perverse incentive" for farmers to grow coca last year in order to qualify for subsidies for switching to substitute crops.

Categories: Marijuana

Jeff Sessions Claims Marijuana Only "Slightly Less Awful" Than Heroin

Wed, 03/15/2017 - 19:59

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

US Attorney General Jeff Sessions once again displayed his ignorance about drugs Wednesday as he claimed that marijuana is "only slightly less awful" than heroin. In the same speech, he acknowledged rising heroin and prescription opioid overdose death levels, but failed to note that no one dies from overdosing on marijuana.

[image:1 align:left caption:true]Heroin produces physical addiction and is linked to thousands of overdose drug deaths each year. Marijuana does not produce physical addiction, and although it may lead to psychological dependency for a small percentage of users, the dependency rate is much lower than it is even for users of alcohol and tobacco, both of which are more dangerous than marijuana.

Sessions' uninformed claim is likely to increase jitters in the country's nascent legal marijuana industry as it confronts an attorney general whose rhetoric so far has strongly suggested he would like to crack down on legal weed -- although he has yet to take any concrete steps to do so.

Sessions made the claim in prepared remarks for a speech to state, local, and federal law enforcement in Richmond, Virginia. The long-time foe of marijuana and marijuana law reform again sketched his stance toward pot, saying "life-wrecking dependency" on marijuana is "only slightly less awful" than heroin addiction.

I realize this may be an unfashionable belief in a time of growing tolerance of drug use. But too many lives are at stake to worry about being fashionable. I reject the idea that America will be a better place if marijuana is sold in every corner store. And I am astonished to hear people suggest that we can solve our heroin crisis by legalizing marijuana -- so people can trade one life-wrecking dependency for another that's only slightly less awful. Our nation needs to say clearly once again that using drugs will destroy your life.

Sessions would not be so "astonished" at the notion that access to marijuana lead to declines in opioid overdose deaths if he actually followed the field. At least three recent studies have found a link: A 2014 Johns Hopkins study found that states with medical marijuana laws have a 25% lower opioid death rate than other states; a 2015 RAND study found a decline in opioid deaths of between 16% and 31% in states that had medical marijuana dispensaries; and a 2016 Health Affairs study found that doctors in medical marijuana states wrote fewer opioid prescriptions for Medicaid patients.

Actual science notwithstanding, Sessions suggested he was prepared to embark on a 21st Century version of Nancy Reagan's "Just Say No" and the "this is your brain on drugs" anti-drug propaganda campaigns of the 1980s:

In the '80s and '90s, we saw how campaigns stressing prevention brought down drug use and addiction. We can do this again. Educating people and telling them the terrible truth about drugs and addiction will result in better choices. We can reduce the use of drugs, save lives and turn back the surge in crime that inevitably follows in the wake of increased drug abuse.

But if Sessions wants to educate Americans on "the terrible truth" about drugs, he should probably start with himself. An attorney general who cannot recognize the difference between marijuana and heroin is not one who is fit to pronounce on such matters.

Categories: Marijuana

Chronicle AM: Bolivia Defends Coca Law at UN, MA Activists Oppose MJ Law Fix, More... (3/14/17)

Tue, 03/14/2017 - 20:45

Welfare drug testing bills are under consideration in Florida and North Dakota, Massachusetts legalizers warn lawmakers not to mess with the state's voter-approved pot law, Bolivia is set to defend its new coca law, and more.

[image:1 align:left caption:true]Marijuana Policy

Massachusetts Initiative Campaign Tells Lawmakers to Back Off. The Yes on 4 Committee, the people behind the successful campaign to legalize marijuana in the state, is now urging legislators to back away from meddling with the state's new marijuana law. "The new law requires no fixes," said Yes on 4's Jim Borghesani. The legislative committee charged with "fixing" the law is set to open public hearings on possible revisions of the law next week.

Medical Marijuana

Arkansas Senate Again Rejects Ban on Smoked Medical Marijuana. For the second time in a week, the Senate has rejected Senate Bill 357, which would have banned smoking of medical marijuana. The Senate rejected the bill Monday night on a 15-11 vote and slapped down a later motion to allow it come back for yet another vote by a margin of 11-0.

Drug Testing

Florida Welfare Drug Testing Bill Advances. A bill that would require adults previously convicted of drug offenses to undergo drug screening and possible drug testing before their families could receive welfare payments passed the House Children, Families, and Seniors Subcommittee on Monday. The measure, House Bill 1117, is still before two other committees in the House.

North Dakota Welfare Drug Testing Bill Gets Trashed in Hearing. A welfare drug testing bill that has already passed the House came under sustained attack at a hearing in the Senate Human Services Committee Monday. The measure, House Bill 1308, would require welfare applicants to undergo drug screening and possible drug testing, but various witnesses testified it was not the way to go. One, Mandan small business owner Susan Beehler, said she had been on welfare in "It's a complicated issue, and it's not going to be solved by a pee cup," said Beehler, adding she's seen no hard data proving that drug screenings for TANF would be cost-effective for the state. The committee took no action on the bill.

International

Bolivia Will Defend New Coca Law at UN Meeting This Week. A Bolivian government delegation is headed for Vienna to attend the Commission on Narcotic Drugs (CND) meeting this week to defend its new coca expansion and drug trafficking laws. The European Union has questioned the new coca law, which almost doubles the amount of legal coca cultivation in the country, but President Evo Morales said Bolivia has "all the arguments" it needs to justify the increase.

German Medical Marijuana Cultivation Will Begin in 2019. Germany will begin state-regulated medical marijuana growing operations in 2019, German authorities said. The parliament voted to allow medical marijuana in January, but it will take time to get things up and running. Until then, medical marijuana prescriptions will be filled by imports from Canada and the Netherlands.

Categories: Marijuana

Chronicle AM: Conyers Racial Profiling Bill, Competing FL MedMJ Proposals, More... (3/13/17)

Mon, 03/13/2017 - 20:54

The senior member of the House files a racial profiling bill, Colorado lawmakers move to reduce medical marijuana homegrow limits, Kansas lawmakers mess with a medical marijuana bill, Texas lawmakers get a hearing on decriminalization, and more.

[image:1 align:right caption:true]Marijuana Policy

Texas Decriminalization Bill Gets Hearing Today. The House Criminal Jurisprudence Committee today held a hearing on House Bill 81, which would decriminalize the possession of small amounts of marijuana. Under the bill, offenders would face a ticket and fine rather than jail time and a criminal record. The Sheriff's Association of Texas opposes the bill, arguing that marijuana is "a gateway drug."

Medical Marijuana

Colorado House Gives Preliminary Approval to Cutting Home Grow Plant Limits. The House voted last Friday to give preliminary approval to House Bill 17-1220, which would limit medical marijuana home grows to 16 plants per residence. The current limit is 99 plants. Gov. John Hickenlooper (D) and law enforcement support the bill as a means of reducing diversion. The House must vote on the bill again this week before sending it to the Senate.

Florida Lawmakers Have Six Competing Medical Marijuana Plans to Choose From. Voters approved medical marijuana at the ballot box last November. Now, the legislature is trying to figure out how to implement it. Here's an overview of the six competing plans.

Kansas Senate Committee Approves CBD Cannabis Oil Bill, But Activists Unhappy. The Senate Federal and State Affairs Committee approved a CBD cannabis oil bill last Thursday, but only after gutting the original bill, Senate Bill 155, and replacing it with Senate Bill 151, which would only allow doctors to recommend "non-intoxicating" cannabinoid medications. "This is not the scope of what those who want to see prescriptive authority for medical marijuana want," said Sen. David Haley (D-Kansas City), who sponsored the original bill. Haley said he would attempt to restore the original bill this week.

Race

Conyers Files Federal Racial Profiling Bill. Rep. John Conyers (D-MI), the longest serving member of the House (he's been there since 1965), filed House Resolution 1498 last Friday. The bill calls for "eliminat[ing] racial profiling by law enforcement."

International

Philippines President Creates New "Joint Command" to Wage Bloody Drug War. President Rodrigo Duterte has signed an executive order creating an Interagency Committee on Illegal Drugs (ICAD). The order mobilizes 21 executive agencies to prioritize "high value" targets and go after all levels of the drug trade. Since Duterte took office last year, more than 8,000 people have been killed by police or shadowy vigilante groups. Another 48,000 have been jailed.

Categories: Marijuana

The 23 States That Allow Medical Marijuana for PTSD

Sat, 03/11/2017 - 22:47

Post-Traumatic Stress Disorder (PTSD) is not rare. According to the Department of Veterans Affairs, about eight million adults suffer from it in any given year, including tens of thousands of Afghanistan and Iraq veterans. Somewhere between 11% and 20% of those vets will suffer from it each year.

[image:1 align:right]PTSD isn't limited to vets, though -- trauma comes in many forms -- and 7% to 8% of the population will suffer from it at some point in their lives. That figure rises to 10% for women.

Treating PTSD can be tricky, but numerous anecdotal reports and testimonies suggest medical marijuana can be of help. Even the stodgy VA, which tends to see marijuana use among PTSD patients as "cannabis use disorder," and notes that there have been no randomized, controlled clinical trials on the efficacy of marijuana in treating PTSD, concedes that some studies have shown positive results.

The good news for PTSD sufferers is that there are an awful lot of places in the country that have medical marijuana laws authorizing its use for PTSD. More than two dozen states, US territories, and the nation's capital allow its use, and acceptance seems to be accelerating, with seven states -- Arkansas, Florida, North Dakota, Ohio, Illinois, New Jersey and Rhode Island -- joining the list in the past year.

Colorado could be next. Legislation to PTSD to the state's list of qualifying conditions has passed the state Senate and is moving through the House. It could be on the governor's desk by the time you read these words.

Colorado is a marijuana legal state already, so PTSD patients don't have to wait for the law to change there to be able to obtain it. But making PTSD a qualifying condition would mean that patients would then be eligible for an exemption from the state's 10% tax on recreational marijuana, paying only state and local sales taxes.

Here are the 23 states, two territories, and one city that either list PTSD as a qualifying condition for medical marijuana or otherwise allow its use:

  1. Arizona
  2. Arkansas
  3. California
  4. Connecticut
  5. Delaware
  6. Florida
  7. Guam
  8. Hawaii
  9. Illinois
  10. Maine
  11. Maryland
  12. Massachusetts
  13. Michigan
  14. Minnesota
  15. Montana
  16. Nevada
  17. New Jersey
  18. New Mexico
  19. North Dakota
  20. Ohio
  21. Oregon
  22. Pennsylvania
  23. Puerto Rico
  24. Rhode Island
  25. Washington
  26. Washington, DC
Categories: Marijuana

Chronicle AM: CO Senate Passes Pot Club Bill, Pentagon Expands Recruit Drug Testing, More... (3/10/17)

Fri, 03/10/2017 - 21:40

The Pentagon adds a bunch of opioids and new synthetics to the drug panel it uses to test new recruits, a Colorado bill to allow social marijuana consumption advances, Canada doesn't take kindly to Marc and Jodie Emery's latest efforts, and more.

[image:1 align:left caption:true]Marijuana Policy

Colorado Senate Approves Bill to Allow Marijuana Social Clubs. The state Senate on Thursday voted to approve Senate Bill 184, which would allow local governments to permit BYOB cannabis clubs, as long as the businesses seeking them do not serve alcohol or food beyond light snacks. The bill doesn't specify whether indoor smoking would be allowed, which means a private club with no more than three employees could allow it under state smoking laws. The bill now goes to the House.

Medical Marijuana

West Virginia House Kills Surprise Bid to Reschedule Marijuana. Seeing that medical marijuana legislation was going nowhere in Charleston, Delegate Shawn Fluharty (D-Ohio) attempted to inset an amendment into a routine drug scheduling bill that would have moved marijuana from Schedule I to Schedule IV. The amendment excited several hours of debate, but was ultimately killed on a 35-64 vote. "Why are we so scared of helping people?" Fluharty argued in closing floor debate. "That's exactly what this does."

Asset Forfeiture

New Hampshire House Passes Bill to Close Federal Asset Forfeiture Loophole. The state House voted Thursday to approve House Bill 614, which would bar state law enforcement agencies or prosecutors from agreeing to transfer seized property to the federal government unless that seized property includes more than $100,000 in cash. That would end the loophole through which cops and prosecutors seek to end-run a 2016 law that barred civil forfeiture in most cases. The bill now heads to the Senate.

Drug Testing

Pentagon Announces Expanded Drug Testing of New Recruits. The Defense Department is expanding the drug testing of new recruits to include the same 26-drug panel used for active military members. The change will be effective April 3. Currently, recruits are only tested for four substances -- marijuana, cocaine, amphetamines, and MDMA -- but the new drug test will also look for heroin, codeine, morphine, hydrocodone, oxycodone, hydromorphone, oxymorphone, and a number of synthetic cannabinoids and benzodiazepine sedatives.

International

Canadian Cops Raid Marc and Jodie Emery's Cannabis Culture Stores. Police on Thursday morning raided Cannabis Culture stores in Ottawa, Toronto, and Vancouver, as owners Marc and Jodie Emery awaited bail hearings in Toronto. The well-known marijuana reform couple were arrested Wednesday night at the Toronto airport on their way to a cannabis expo in Spain. Police raided seven Cannabis Culture stores and two residences, Toronto police said. The Emerys have been selling marijuana at the shops without waiting for Canada to actually get around to legalizing it.

Filipino Lawmakers Approve Medical Marijuana. The Philippines House on Wednesday approved a bill to allow for the use of marijuana for medicinal purposes. The move comes as the government of President Rodrigo Duterte wages bloody war on other drug users and sellers. The legislation approved by the House would create a government-issued ID card for patients and designates certain qualifying diseases and conditions, as well as allowing for caregivers and dispensaries.

Categories: Marijuana

Attorney General Sessions Won't Rule Out Using Mafia Law to Go After Legal Marijuana

Thu, 03/09/2017 - 22:42
This article was produced in collaboration with AlterNet and first appeared here.

[image:1 align:right caption:true]On conservative radio talker Hugh Hewitt's program Thursday, Attorney General Jeff Sessions continued to bad mouth marijuana and suggested he might use laws enacted to go after the Mafia against the legal marijuana industry.

"I think it's a more dangerous drug than a lot of people realize. I don#39;t think we're going to be a better community if marijuana is sold in every corner grocery store," the attorney general told Hewitt.

The conservative talker then helpfully suggested that one way Washington could go after legal pot was by bringing racketeering charges against marijuana businesses.

"One RICO prosecution against one marijuana retailer in one state that has so-called legalization ends this façade and this flaunting of the Supremacy Clause. Will you be bringing such a case?" Hewitt asked Sessions.

Sessions didn't exactly jump on the idea, but neither did he reject it.

"We will um… marijuana is against federal law, and that applies in states where they may have repealed their own anti-marijuana laws," Sessions said in response. "So yes, we will enforce law in an appropriate way nationwide. It's not possible for the federal government, of course, to take over everything the local police used to do in a state that's legalized it."

But Hewitt was not done chewing on that bone, asking Sessions if he couldn't just make an example out of somebody.

"I mean, if you want to send that message, you can send it. Do you think you're going to send it?" he asked.

Sessions had to clue in Hewitt about the difficulty of reining in the burgeoning the legal marijuana industry.

"Well, we'll be evaluating how we want to handle that," he said. "I think it's a little more complicated than one RICO case, I've got to tell you. This, places like Colorado, it's just sprung up a lot of different independent entities that are moving marijuana. And it's also being moved interstate, not just in the home state," he added.

Sessions has been a staunch foe of marijuana legalization, and the industry has been on tenterhooks since he was nominated as the nation's highest law enforcement officer. He attempted to soft-shoe his views during his confirmation hearings, suggesting that he wasn't going to aggressively go after the legal pot industry, but his comments with Hewitt may suggest otherwise.

Taken together with a memo on violent crime Sessions sent to federal prosecutors Wednesday in which he hinted at at rolling back Obama Justice Department policies directing federal prosecutors to not always seek the most serious charges in drug cases and to avoid seeking mandatory minimum sentences, his comments to Hewitt Thursday suggest that the Trump administration is about to head resolutely backwards on drug policy in general and marijuana policy in particular.

Listen to the Hewitt interview below:

Categories: Marijuana

Chronicle AM: Ominous Sessions Hint on Sentencing, RI AG Anti-Pot Campaign, More... (3/9/17)

Thu, 03/09/2017 - 21:54

Attorney General Sessions hints at a return to tough federal drug sentencing, Rhode Island Attorney General Kilmartin announces a campaign to fend off marijuana legalization, Bolivia's president signs a law nearly doubling legal coca cultivation, and more.

[image:1 align:right caption:true]Marijuana Policy

Florida Decriminalization Bills Filed. A pair of Democratic lawmakers has filed identical decriminalization bills in the House and Senate. State Rep Carlos Guillermo Smith (D-Orlando) filed House Bill 1403, while state Sen. Jeff Clemens (D-Lake Worth) filed Senate Bill 1662. The bills would make possession of up to an ounce a civil violation punishable by a fine of no more than $100. Under current Florida law, small time marijuana possession is a misdemeanor punishable by up to a year in jail and a $1,000 fine.

Rhode Island Attorney General Gins Up Anti-Legalization Campaign. State Attorney General Peter Kilmartin (D) launched a campaign against marijuana legalization Thursday. Kilmartin said he was mobilizing lawmakers, business leaders, and others concerned about public health and public safety issues to fight ongoing efforts in the legislature to legalize it. He's joining forces with Smart Approaches to Marijuana, among others.

Heroin and Prescription Opioids

Florida Bills Would Have Dealers Facing Manslaughter Charges for Opioid Overdose Deaths. A pair of Republican state lawmakers has filed identical bills that would allow prosecutors to bring manslaughter charges against people who sold opioids to people who overdosed and died on them. Sen. Gregg Steube (R-Sarasota) filed Senate Bill 150 Tuesday, while Rep. Jim Boyd (R-Bradenton) filed House Bill 477.

Drug Policy

Attorney General Sessions Signals He Could Reverse Obama Policy of Seeking Less Serious Charges in Drug Cases. Sessions sent a memo to federal prosecutors Wednesday calling on them to crack down on violent crime, and in that memo, he hinted at rolling back Obama administration policies directing federal prosecutors to not always seek the most serious charges in drug cases and to avoid seeking mandatory minimum sentences by leaving drug quantities out of charging documents. "I encourage you to employ the full complement of federal law to address the problem of violent crime in your district," Sessions wrote. "Further guidance and support in executing this priority -- including an updated memo on charging for all criminal cases -- will be forthcoming."

International

Bolivian President Signs Law Nearly Doubling Amount of Legal Coca Grown. President Evo Morales, a former coca grower himself, signed into law Wednesday a bill that will increase the amount of coca that can be legally planted from 30,000 acres to 55,000 acres. "We want to guarantee coca supplies for life," he said.

Categories: Marijuana

Medical Marijuana Update

Wed, 03/08/2017 - 23:08

A package of implementation bills is moving in Arkansas, Florida Republicans use an implementation bill to try to impose restrictions on the voter-approved medical marijuana law, and more.

[image:1 align:right]Arkansas

Last Thursday, Aa package of "fix" bills were moving. The Senate sent two medical marijuana bills to the governor's desk, while the House passed three more bills and sent them to the Senate. Winning final legislative approval were House Bill 1556, which bars the use of teleconferencing to certify a patient for medical marijuana, and House Bill 1402, which would allow the state to reschedule marijuana if the federal government does it first. Meanwhile, the Senate will now take up House Bill 1580, which imposes a 4% sales tax on cultivation facilities and a 4% sales tax on dispensary sales; House Bill 1436, which sets an expiration date for dispensary licenses, and House Bill 1584, which would led regulators issue temporary dispensary or cultivation licenses when the original owner ceases to be in control of the business.

On Monday, the Senate killed a bill to ban smoking medical marijuana. The Senate voted 15-10 to reject Senate Bill 357, which would have banned smoking medical marijuana. Bill sponsor Sen. Jason Rapert (R-Conway) argued smoking is a public health hazard and that smoking marijuana is a recreational use, not a medicinal one, but his colleagues were not buying his argument.

Florida

On Monday, GOP leaders filed an implementation bill that would ban smoking and edibles. Florida voters overwhelmingly approved a medical marijuana initiative in November, but now Rep. Ray Rodrigues (R-Fort Myers) has filed a medical marijuana regulation bill that would ban people from smoking it or using it in edible form. The measure, House Bill 1397, is not yet available on the legislative website. Rodrigues is a member of the Republican House leadership, and the bill represents the Republican approach to expanding medical marijuana access in the state. "It goes further than the current statute in terms of restricting medical marijuana," says Ben Pollara, the medical marijuana initiative's campaign director "There was unanimous agreement that the new amendment would expand use."

Mississippi

Last Thursday, a bill to let pharmacies dispense CBD cannabis oil went to the governor's desk. The House Thursday approved Senate Bill 2610, which would amend the state's existing CBD cannabis oil law to allow pharmacies to join the University of Mississippi Medical Center in dispensing the medicine. The bill has already passed the Senate and now heads to the desk of Gov. Phil Bryant (R).

Utah

On Wednesday, Ulawmakers passed a medical marijuans study bill, but advocates call it a Trojan horse. The House voted to concur with earlier Senate amendments to House Bill 130 and sent it to the desk of Gov. Gary Herbert (R). The bill allows state universities to study cannabinoid products for their medicinal potential, but doesn't allow for any actual use. Medical marijuana advocates called the bill "a Trojan horse," saying it is merely a delaying tactic.

West Virginia

On Monday, a medical marijuana bill was filed. Sen. Patricia Rucker (R-Jefferson) and 11 cosponsors have filed Senate Bill 386 and companion legislation in the House that would allow for the medical use of marijuana by patients with one of a list of qualifying disorders.

Wisconsin

On Tuesday, the legislature passed a CBD cannabis oil bill. The Assembly voted to approve Senate Bill 10, which would allow for the use of CBD cannabis oil by children suffering seizures. The bill now goes to the desk of Gov. Scott Walker (R), who is expected to sign it.

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

Categories: Marijuana

Chronicle AM: NH House Passes Decrim, FL GOP Files Restrictive MedMJ Bill, More... (3/8/17)

Wed, 03/08/2017 - 22:02

Marijuana policy continues to play out in state legislatures across the land, asset forfeiture reform is moving in Iowa, the Ohio Supreme Court reverses itself on cocaine sentencing, and more.

[image:1 align:left caption:true]Marijuana Policy

Alaska Cannabis Cafes Are Back Under Consideration. The Marijuana Control Board met Tuesday afternoon in Anchorage and agreed to try again to come up with rules for on-site marijuana consumption at businesses. The notion was shot down at the last board meeting, but revived on a 4-1 vote.

Connecticut Legalization Bills Get Hearing. Lawmakers went into the evening hours Tuesday as they engaged in heated debate over several bills before the General Assembly that would legalize marijuana. Click the link to get the flavor of the dewbate.

New Hampshire House of Representatives Overwhelmingly Approves Bill to Decriminalize Marijuana Possession. The House voted 318-36 Wednesday to approve House Bill 640, which would decriminalize the possession of up to an ounce of marijuana. Similar bills have failed in years past, but opposition seems to have largely evaporated this year. The measure now heads to the Senate.

Los Angeles Voters Approved Marijuana Regulation Initiative. Voters in Los Angeles approved Measure M with nearly 80% voting in favor. The measure would allow the city to regulate legal marijuana businesses when the legal recreational commerce comes on line next year.

Medical Marijuana

Florida Bill Would Ban Smoking and Edibles. Florida voters overwhelmingly approved a medical marijuana initiative in November, but now Rep. Ray Rodrigues (R-Fort Myers) has filed a medical marijuana regulation bill that would ban people from smoking it or using it in edible form. The measure, House Bill 1397, is not yet available on the legislative website. Rodrigues is a member of the Republican House leadership, and the bill represents the Republican approach to expanding medical marijuana access in the state. "It goes further than the current statute in terms of restricting medical marijuana," says Ben Pollara, the medical marijuana initiative's campaign director. "There was unanimous agreement that the new amendment would expand use."

Utah Lawmakers Pass Medical Marijuana Study Bill; Advocates Call it a Trojan Horse. The House voted Wednesday to concur with earlier Senate amendments to House Bill 130 and sent it to the desk of Gov. Gary Herbert (R). The bill allows state universities to study cannabinoid products for their medicinal potential, but doesn't allow for any actual use. Medical marijuana advocates called the bill "a Trojan horse," saying it is merely a delaying tactic.

Wisconsin Legislature Passes CBD Bill. The Assembly voted Tuesday night to approve Senate Bill 10, which would allow for the use of CBD cannabis oil by children suffering seizures. The bill now goes to the desk of Gov. Scott Walker (R), who is expected to sign it.

Asset Forfeiture

Iowa Senate Committee Passes Bill Taking on Asset Forfeiture; Closes Federal Loophole. The Senate Judiciary Committee voted Monday to approve Senate File 446, which would severely limit asset forfeiture without a criminal conviction and which would bar prosecutors from doing an end run around state law by passing cases off to the feds. The bill now heads for a Senate floor vote.

Sentencing

Ohio Supreme Court Reverses Itself, Declares Filler Must Be Included in Drug Weights. Two months after ruling that prosecutors must prove the actual amount of pure cocaine possessed -- not inert filler -- to secure longer sentences, the state Supreme Court has done a U-turn. In a ruling Monday, the court sided with prosecutors and held that the total weight of drug plus filler must be used when determining sentences. The reversal comes after two new judges were named to the court earlier this year, and dissenting Justice Bill O'Neill said that was the only thing that changed. "The logic is unassailable. The possession of baby formula, talcum powder, or baking soda does not pose the same risk to the public's health and safety as possession of cocaine does," O'Neill wrote.

Categories: Marijuana