Medical marijuana is seeing lots of action at state houses around the country, and the American Academy of Pediatrics has a new policy statement on medical marijuana.
On Monday, pediatricians called for rescheduling marijuana and said compassionate use for children is okay. In a new policy statement, the American Academy of Pediatrics is recommending that the DEA reschedule marijuana to ease research on it. The influential medical society is also proposing that medical marijuana be made available on a compassionate basis for children with serious illnesses who have not benefited from other medicines. Click the policy statement link for more detail.
On Monday, a full-blown medical marijuana bill was filed. State Sen. Jeff Brandes (R-St. Petersburg) has filed Senate Bill 258, which would regulate the cultivation, distribution, and use of medical marijuana in the state. The proposal larger mirrors that failed constitutional amendment that won 57% of the vote last year (it needed 60% to pass because it was a constitutional amendment). The state passed a medical marijuana bill last year, but it was limited to high-CBD cannabis oils. Brandes is chair of the Senate Transportation Committee and sits on the Criminal Justice Committee, too.
On Monday, a CBD medical marijuana bill was filed. Rep. Allen Peake (R-Macon) filed House Bill 1, which would allow the use of CBD cannabis oil for qualifying patients. He had earlier considered a bill that would allow marijuana to be grown in-state, but he removed that language after objections from Gov. Nathan Deal (R). Peake said he hopes a deal can be struck that will allow for cannabis oil to be imported to the state.
Last Friday, medical cannabis oil patient registration opened. The Department of Health has completed establishing a process to approve and generate medical cannabis oil registration cards. The legislature passed a bill last year allowing for such use. The relevant Health Department web page is here.
Last Wednesday, Kansas parents got a Senate hearing on a medical marijuana bill. The Senate Public Health and Welfare Committee heard Wednesday from parents of chronically ill children were speaking in support of pending medical marijuana legislation, SB 9, introduced by Sen. David Haley (D-Kansas City). Click on the title link for hearing details.
Last Thursday, opponents got their chance. The Senate Public Health and Welfare Committee heard from opponents of pending medical marijuana legislation Thursday. Eric Voth, chairman of the Institute on Global Drug Policy, said marijuana is harmful and legalization measures would threaten public health, while a spokesman for the Kansas Association of Police Chiefs said medical marijuana has caused problems in states that have allowed it.
On Monday, the new governor said he was no hurry to grant business licenses. Former Gov. Pat Quinn (D) left behind a list of companies poised to be granted medical marijuana business licenses, but incoming Gov. Bruce Rauner (R) is in no hurry. Now he wants to conduct "a thorough legal review of the process" used to choose licensees. Medical marijuana patients will have to continue to wait.
Last Friday, a bill to allow medical marijuana in hospitals was introduced. State Sen. Eric Brakey (R-Auburn) has filed LD 35, which would allow registered patients to use medical marijuana in hospitals. It does so by adding hospitals to list of eligible primary caregivers, the list of places where patients can store and use medical marijuana, and barring hospitals from prohibiting the use of smokeless marijuana by patients.
Last Wednesday, a full-blown medical marijuana bill was filed. State Sen. Tommy Garrett (D-Bellevue) has filed LB 643, a full-blown medical marijuana bill that allows patients or caregivers to grow up to 12 plants and possess up to six ounces, envisions a dispensary system, and allows the plant to be used for a specified list of diseases and conditions.
On Tuesday, a medical marijuana was reintroduced. State Sens. Daylin Leach (D-Montgomery) and Mike Folmer (R-Dauphin) have reintroduced a medical marijuana that died late in the last session. The new bill, Senate Bill 3, is almost identical to last year's Senate Bill 1182. It has a bipartisan batch of cosponsors -- 11 Republicans and 14 Democrats.
Also on Tuesday, there was a change of tune from the governor's mansion. Last year, then Gov. Tom Corbett (R) was a staunch foe of medical marijuana. But now, there's a new year, a new legislative session, and a new governor. This one, Democrat Tom Wolf, met with families of children suffering from diseases treatable by medical marijuana Tuesday and said he would support broad medical marijuana legislation.
Last Thursday, a medical marijuana bill was filed. State Rep. Todd Rutherford (D-Columbia) last week formally introduced a full-blown medical marijuana bill, H3140, that he had prefiled back in October. It would allow registered patients to use medical marijuana for "a debilitating medical condition," and patients or caregivers could possess up to six plants and two ounces of usable marijuana. It is now before the House Judiciary Committee.
Last Friday, identical CBD medical marijuana bills were filed. State Rep. Stephanie Klick (R-Ft. Worth) and Sen. Kevin Eltife (R-Tyler) today introduced identical bills that would allow children with epilepsy to be treated with low-THC, high-CBD cannabis oils. The House version is HB 892.
[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org].
Chronicle AM: Boehner Not Eager to Mess With DC, NE AG Explains Lawsuit, Forfeiture Pressure, More (1/28/15)
The House Speaker doesn't appear too interested in undoing legalization in DC, Nebraska's AG explains his lawsuit against Colorado legalization, good poll results from Virginia, more pressure for federal asset forfeiture reform, and more. Let's get to it:
[image:1 align:left]House Speaker Boehner Not Eager to Mess With DC's Pot Legalization. DC Mayor Muriel Bowser met Tuesday with the speaker and reported that he seemed little interested in trying to undo the will of District voters who approved limited legalization in November. "Well, I think that the speaker wants to be able to concentrate on national issues, and recognizes that the District of Columbia is moving in the right direction, and would prefer to have his interest on national issues," Bowser said in her recap of the meeting.
Nebraska's Attorney General Explains Why He Is Suing Colorado. State Attorney General Doug Peterson has penned a column explaining his reasoning for asking the Supreme Court to undo marijuana legalization in Colorado. Click on the link to read it in full.
Vermont Will See a Legalization Bill This Year. The Green Mountain State is almost universally included in those lists of "the next states to legalize marijuana," and now Sen. David Zuckerman (P-Crittenden County) says he will introduce a bill to do just that. He said there's no reason to delay. "I think there is a wait-and-see attitude on the part of many," Zuckerman said. "There's also a let's-get-there-and-get-it-done attitude."
Poll Finds Virginians Strongly Support Decriminalization, Medical Marijuana. A Christopher Newport University survey released Tuesday found 71% of registered voters support decriminalization and 69% favor medical marijuana. The poll comes just days after state Sen. Adam Ebbin (D-Alexandria) introduced a decriminalization bill. Click on the poll link for methodological and other details.
Anchorage Bans Public Consumption, But Allows Use in Licensed Premises. Alaska's largest city has opened the door to "cannabis cafes." The Anchorage Assembly voted to prohibit public pot smoking, but approved an amendment allowing allows for consumption in places "authorized by a state permit or license or authorized by a municipal permit or lease."
Wichita Will Vote on Decriminalization in April. The city council okayed putting a decriminalization initiative on the April 7 ballot after backers presented petitions with thousands of signatures supporting it. The vote was 6-1. Those 21 and over caught with 32 grams or less would face a citation and a $50 fine.
In Pennsylvania, A Change of Tune From the Governor's Mansion. Last year, then Gov. Tom Corbett (R) was a staunch foe of medical marijuana. But now, there's a new year, a new legislative session, and a new governor. This one, Democrat Tom Wolf, met with families of children suffering from diseases treatable by medical marijuana Tuesday and said he would support broad medical marijuana legislation.
ACLU, NACDL Speak Out for Asset Forfeiture Reform.The National Association of Criminal Defense Lawyers sent a letter to every congressional office, expressing support for proposals to stop police from seizing cash, cars and other property from people without convicting them of a crime. And he American Civil Liberties Union also issued a strong statement on Tuesday, saying reforms are needed to protect innocent Americans from a seizure system that has a disproportionate effect on low-income people. The letter and statement are in support of Senate Bill 255, introduced yesterday by Sen. Rand Paul (R-KY), or similar legislation.
ACLU of Virginia Object to Bill Targeting Pregnant Women Who Use Drugs. The civil liberties group is challenging HB 1456, filed by Del. Les Adams (R-Pittsylvania County). The bill would authorize child welfare authorities to investigate or make a family assessment any "report or complaint that a pregnant woman is using a controlled substance" in an illegal manner. The state ACLU affiliate says the bill is dangerous for pregnant women and their fetuses because it would prevent them from seeking the health care they need.
Chronicle AM: DEA License Plate Spying; Federal Asset Forfeiture, Hemp & State MedMJ Bills Filed (1/27/15)
A marijuana business group predicts 18 states will legalize by 2020, medical marijuana bills get filed in Florida and Pennsylvania, the DEA is tracking your license plates, federal asset forfeiture reform and hemp bills are filed, and more. Let's get to it:
[image:1 align:right caption:true]Marijuana Policy
ArcView Group Predicts 18 States Will Legalize By 2020. ArcView Market Research, a firm that pairs investors with marijuana-related businesses, is predicting that 18 states will have legalized marijuana by the end of 2020. Those states are: Arizona, California, Massachusetts, Maine, Nevada, Rhode Island, and Vermont by 2016; Connecticut, Delaware, Maryland, Montana, New Hampshire, and New Jersey by 2020. Alaska, Colorado, Oregon, and Washington have already legalized it, as has the District of Columbia.
Southern California Legalization Meetings Planned. The California Coalition for Cannabis Policy Reform, which is working to create a unified movement behind a legalization initiative in 2016, will be holding a series of meetings in Southern California this weekend. There will be events in West Hollywood, Riverside, San Diego, and Santa Ana. They want people to RSVP. Click on the link for meeting details.
Full-Blown Medical Marijuana Bill Filed in Florida. State Sen. Jeff Brandes (R-St. Petersburg) has filed Senate Bill 258, which would regulate the cultivation, distribution, and use of medical marijuana in the state. The proposal larger mirrors that failed constitutional amendment that won 57% of the vote last year (it needed 60% to pass because it was a constitutional amendment). The state passed a medical marijuana bill last year, but it was limited to high-CBD cannabis oils. Brandes is chair of the Senate Transportation Committee and sits on the Criminal Justice Committee, too.
Medical Marijuana Bill Reintroduced in Pennsylvania. State Sens. Daylin Leach (D-Montgomery) and Mike Folmer (R-Dauphin) have reintroduced a medical marijuana that died late in the last session. The new bill, Senate Bill 3, is almost identical to last year's Senate Bill 1182. It has a bipartisan batch of cosponsors -- 11 Republicans and 14 Democrats.
Iowa Medical Cannabis Oil Registrations Now Open. The Department of Health has completed establishing a process to approve and generate medical cannabis oil registration cards. The legislature passed a bill last year allowing for such use. The relevant Health Department web page is here.
Federal Hemp Bill Filed. Rep. Thomas Massie (R-KY) has filed HR 525, which would amend the Controlled Substances Act to exclude industrial hemp from the definition of marijuana. The bill has 47 cosponsors -- 31 Democrats and 16 Republicans. It's been assigned to the House Judiciary and House Energy and Commerce committees.
Federal Civil Asset Forfeiture Reform Bill Filed. Sen. Rand Paul (R-KY) has reintroduced the Fifth Amendment Integrity Restoration (FAIR) Act, SB 255. The measure would end the federal government's Equitable Sharing program for civil asset forfeiture. An identical measure has been introduced in the House. The bills are headed for each house's respective judiciary committees.
DEA is Spying on Millions of Vehicles. A license plate tracking program run by the DEA is building a national database that tracks the movement of vehicles around the US. The secret domestic intelligence-gathering program has scanned and stored hundreds of millions of records about motorists, all without a warrant. The DEA's uses of license plate readers on a massive scale "raises significant privacy concerns," said Sen. Patrick Leahy, senior Democrat on the Senate Judiciary Committee. "The fact that this intrusive technology is potentially being used to expand the reach of the government's asset-forfeiture efforts is of even greater concern." There's much more at the link.
Some pleasantly surprising poll results from Michigan, medical marijuana bills are popping up all over the place, the Baby Bou Bou SWAT raid is sparking bills to rein in over-the-top drug raiders, and more. Let's get to it:
[image:1 align:left caption:true]Marijuana Policy
Michigan Poll Has Support for Taxing and Regulating Marijuana at 64%. A SurveyUSA poll released late last week has nearly two-thirds of respondents saying they would support legalizing, taxing, and regulating marijuana to increase school and road funding. That same set of respondents did not support increasing sales tax to increase school and road funding. Only 43% answered yes to that question. Click the link for more poll details.
Pediatricians Call for Rescheduling Marijuana, Say Compassionate Use for Children Okay. In a new policy statement, the American Academy of Pediatrics is recommending that the DEA reschedule marijuana to ease research on it. The influential medical society is also proposing that medical marijuana be made available on a compassionate basis for children with serious illnesses who have not benefited from other medicines. Click the policy statement link for more detail.
Georgia CBD Medical Marijuana Bill Filed. Rep. Allen Peake (R-Macon) today filed House Bill 1, which would allow the use of CBD cannabis oil for qualifying patients. He had earlier considered a bill that would allow marijuana to be grown in-state, but he removed that language after objections from Gov. Nathan Deal (R). Peake said he hopes a deal can be struck that will allow for cannabis oil to be imported to the state.
New Illinois Governor Stalling Medical Marijuana Licenses. Former Gov. Pat Quinn (D) left behind a list of companies poised to be granted medical marijuana business licenses, but incoming Gov. Bruce Rauner (R) is in no hurry. Now he wants to conduct "a thorough legal review of the process" used to choose licensees. Medical marijuana patients will have to continue to wait.
South Carolina Medical Marijuana Bill Filed. House Minority Leader J. Todd Rutherford (D-Columbia) and several cosponsors have filed House Bill 3140, which would allow qualifying patients to grow and possess limited amounts of marijuana. Last year, the legislature passed a CBD-only medical marijuana bill.
Wisconsin Governor Won't Fight Feds Over Food Stamp Drug Testing, But Will Seek Waiver. Gov. Scott Walker (R) had vowed to fight the Obama administration over requiring drug tests for food stamp recipients, but his forthcoming budget proposal now says he will seek waivers from the federal government. Federal law bars adding new eligibility requirements to the food stamp program.
Baby Bou Bou SWAT Raid Sparks Georgia Bill Regulating "No Knock" Raids. The May drug raid over a $50 meth sale that left a Georgia infant seriously injured by a flash bang grenade has sparked a reaction in the state legislature. Senate Bill 45, filed by Sen. Vincent Fort(D-Fulton County) this month, would require police to show probable cause that there is imminent potential for life endangerment or destruction of evidence if they knocked and declared their presence at a suspect's door prior to arrest. A separate House Bill 56 would end unannounced arrests between 10 pm and 6 am, unless a judge specifically grants a warrant.
Ukraine Blocking Delivery of Opiate Maintenance Drugs to Rebel Regions. The Kiev government is effectively blockading the pro-Russia regions under control of rebels, including supplies of buphrenorphine and methadone. Russia has been delivering other medical supplies to the region, but not the opiate maintenance drugs, which are illegal in Russia. In Donetsk, the last 52 patients on buphrenorphine ran out earlier this month, and the dwindling supply of methadone will be gone by March 1. There are nearly 400 methadone patients in the region.
[image:1 align:left caption:true]During a series of YouTube interviews Thursday, President Obama demonstrated a remarkably laissez-faire attitude toward marijuana legalization experiments in the states. And he signaled strongly that the Obama administration wouldn't be taking to the hustings to try to beat back legalization efforts, as previous administrations had been wont to do.
"What you're seeing now is Colorado, Washington through state referenda, they're experimenting with legal marijuana," the president said in response to a question from YouTube host Hank Green. "The position of my administration has been that we still have federal laws that classify marijuana as an illegal substance, but we're not going to spend a lot of resources trying to turn back decisions that have been made at the state level on this issue. My suspicion is that you're gonna see other states start looking at this."
Indeed. Legalization bills are already popping up in state legislatures around the country, and while it's unlikely -- though not impossible -- that any of them will pass this year, 2016 looks to be the breakout year for freeing the weed. One state is going to be the first to legalize it through the legislature, and next year seems reasonable. And the presidential election year is also likely to see successful legalization initiatives in several more.
Currently four states -- Alaska, Colorado, Oregon, and Washington -- and the District of Columbia have ended pot prohibition. But that's only about 18 million people. By the time they quit counting the votes on Election Day 2016, that number is likely to triple, and then some.
So, where's it going to happen? Here's where:
That California is the only state on the West Coast to not yet have legalized pot is an embarrassment to Golden State activists. They were first with medical marijuana in 1996, and they tried to be first to legalize it with Prop 19 in 2010, but came up short, garnering 46% of the vote on Election Day despite leading in the polls up until the final weeks. In 2012, with the big players sitting on their cash stashes, none of the competing initiative efforts even managed to make the ballot.
It will be different in 2016. The actors with deep pockets are all ready to get involved next year, the polling is good (if not great, hovering in the mid-50s), and the state's disparate and fractious cannabis community is already working to forge a unified front behind a community-vetted initiative. The main vehicle for activists is the California Coalition for Cannabis Law Reform, which has already started holding meetings statewide to try to a unified marijuana reform community.
[image:2 align:right caption:true]With 38 million people, California is the big prize. It's also an expensive place to run an initiative, with the cost of getting on the ballot alone at around a million dollars. And it'll take several million more to pay for advertising in the key final weeks of the campaign. But the money is lining up, it'll take fewer signatures to qualify for the ballot (thanks to the dismal turnout in last year's midterms), and once it qualifies, it will have momentum from (by then) four years of legalization in Colorado and Washington and two years of it in Alaska and Oregon. California will go green in 2016.
Nevada is the state that is actually furthest down the path towards legalizing it next year. The Marijuana Policy Project-backed Coalition to Regulate Marijuana Like Alcohol in Nevada has already qualified a legalization initiative for the 2016 ballot. It would legalize the possession of up to an ounce by adults 21 and over and allow for taxed and regulated marijuana commerce.
Under Nevada law, the legislature now has a chance to approve the initiative. If it does so, it would become law; if it rejects it or fails to act on it, it then goes to the voters on Election Day 2016.
Nevadans approved medical marijuana in 1998 (59%) and again in 2000 (65%), but voted down decriminalization in 2002 (39%) and legalization in 2006 (44%). But it has since then effectively decriminalized possession of less than ounce, and it's now been a decade since that last legalization initiative loss at the polls. Either marijuana will be legal by Election Day 2016 thanks to the legislature or the voters will decide the question themselves at the polls.
In Arizona, possession of any amount of pot is still a felony, but polling in the last couple of years shows support for legalization either hovering around 50% or above it. Those aren't the most encouraging polling numbers -- the conventional wisdom is that initiatives want to start out at 60% support or better -- but a serious effort is underway there to put the issue before the voters in 2016.
The Marijuana Policy Project (MPP) is teaming with Safer Arizona and other state activist groups for the 2016 initiative campaign and has formed a ballot committee to begin laying the groundwork for a Colorado-style initiative.
The initiative language is not a done deal, and there are some signs that local activists aren't completely happy with MPP's proposed language, but that's why there are consultations going on.
The Marijuana Policy Project has been laying the groundwork for a statewide legalization initiative in 2016 with local initiative campaigns in some of the state's largest cities in 2014 and 2013 and is working on final initiative language now. But it is also seeing competition from a state-based group,Legalize Maine, that says it is crafting its own initiative and is criticizing both MPP and Maine politicians for advancing "out of state corporate interests" at the expense of Mainers.
Whether MPP and Legalize Maine can get together behind a single initiative remains to be seen. If they can, good; if they can't, well, Maine is a small and relatively inexpensive state in which to run a signature-gathering campaign. There could be not one, but two legalization initiatives in Maine next year.
Meanwhile, state Rep. Diane Russell has filed a legalization bill in the legislature this year. Maine is one of the states where the looming presence of legalization initiatives could actually move the legislature to act preemptively to craft a legalization scheme to its own liking.
Massachusetts is another. As in Maine, but to a much greater degree, Bay State activists have been laying the groundwork for legalization for years. Groups such as MassCann/NORML and the Drug Policy Forum of Massachusetts have run a series of marijuana reform "public policy questions" in various state electoral districts each election cycle since 2000 -- and they have never lost! The questions are non-binding, but they're a clear indicator to state legislators where voter sentiment lies.
The state has also seen successful decriminalization and medical marijuana initiatives, in 2008 and 2012, respectively. In both cases, the initiatives were approved with 63% of the vote. And again as in Maine, the Marijuana Policy Project is organizing an initiative, but local activists with similar complaints to those in Maine are threatening to run their own initiative. Organized as Bay State Repeal, which includes some veteran Massachusetts activists, the group says it wants the least restrictive legalization law possible. Whether the two efforts can reach a common understanding remains to be seen.
[image:3 align:left caption:true]Meanwhile, the issue could move in the legislature in the next two years. New Republican Gov. Charlie Baker says he's opposed to legalization, but is praising Democratic Senate President Stanley Rosenberg's decision to appoint a special Senate committee to examine issues around legalization. Rep. David Rogers (D-Cambridge) isn't waiting. He's filed a legalization bill, and while previous such bills have languished in the Joint Committee on the Judiciary, incoming committee head Sen. Will Brownberger (D-Boston) has said he will give it a hearing. Something could happen this year, although it's more likely next year, and the voters doing it themselves on Election Day 2016 is more likely yet.
Vermont could be the best bet for a state to legalize it this year and for the first state to legalize it through the legislative process. There is no initiative process in the state, so that's the only way it's going to happen. And the state has already proceeded well down that path.
Gov. Peter Shumlin (D) has endorsed legalization in principle -- the devil is the details -- and the legislature last year approved a RAND study on the impacts of legalization, which was just released earlier this month. That study estimated that freeing the weed could bring the state $20 to $70 million in annual pot tax revenues.
Other state officials have expressed openness to the idea, and a May 2014 poll found 57% support for legalization. There's not a bill in the hopper yet this year, but one could move quickly in this state where a lot of the legislative groundwork has already been laid.
The Marijuana Policy Project has formed the Vermont Coalition to Regulate Marijuana to help push the process along. Stay tuned; this is one to watch.
And there's a dark horse in the heartland. The Missouri activist group Show Me Cannabis has been running an impressive educational campaign about marijuana legalization for the past few years. The group tried to get an initiative on the ballot last year, but came up short.
They've already filed paperwork for 2016 for a constitutional amendment to make it legal to grow, sell, and use marijuana for people 21 and over.
One reason Show Me Cannabis came up short in 2014 was the lack of support from major players outside the state. Given the lack of polls showing strong support for legalization, the big players remain sitting on their wallets, but that could change if good poll numbers emerge. And there's still plenty of time to make the 2016 ballot.
Chronicle AM: VA Forfeiture Reform, Jamaica to Decriminalize, Supreme Court Drug Dog Case, More (1/22/15)
There's medical marijuana action in the states, the Supreme Court hears a case about drug dogs, Jamaica is about to decriminalize ganja, an asset forfeiture reform bill is moving in Virginia, and more. Let's get to it:
[image:1 align:right caption:true]Marijuana Policy
Washington State "Comprehensive Marijuana Reform Act" Filed. State Sen. Jeanne Kohl-Welles (D-Seattle) is filing this week legislation designed to bring the state's existing medical and recreational marijuana systems into agreement. "The main intent of my bill is to simplify and unify the two systems so that complex gray areas and dangerous illicit markets will eventually cease to exist," she said. The bill would eliminate unregulated dispensaries and collective gardens, but it would also direct the state Liquor Control Board to increase the number of retail outlets by adopting a competitive, merit- and experience-based licensing application system.
Kansas Parents Get Senate Hearing on Medical Marijuana Bill. The Senate Public Health and Welfare Committee heard Wednesday from parents of chronically ill children were speaking in support of pending medical marijuana legislation, SB 9, introduced by Sen. David Haley (D-Kansas City). Click on the title link for hearing details.
Maine Bill Would Allow Medical Marijuana in Hospitals. State Sen. Eric Brakey (R-Auburn) has filed LD 35, which would allow registered patients to use medical marijuana in hospitals. It does so by adding hospitals to list of eligible primary caregivers, the list of places where patients can store and use medical marijuana, and barring hospitals from prohibiting the use of smokeless marijuana by patients.
Nebraska Medical Marijuana Bill Filed. State Sen. Tommy Garrett (D-Bellevue) has filed LB 643, a full-blown medical marijuana bill that allows patients or caregivers to grow up to 12 plants and possess up to six ounces, envisions a dispensary system, and allows the plant to be used for a specified list of diseases and conditions.
New Jersey Legislators Tackle Package of Heroin and Pain Pill Bills. State Sen. Joseph Vitale (D-Woodridge), chairman of the Senate Health, Human Services and Senior Citizens Committee, announced Wednesday that legislators from both parties had introduced a package of 21 bills aimed at confronting widespread heroin and prescription pill use. The bills are designed to increase access to treatment and recovery. Click on the link for more details.
Virginia House Panel Approves Bill Ending Civil Asset Forfeiture. A bill that would require a criminal conviction before asset forfeiture could take place has passed the Criminal Law Subcommittee of the House Committee for Courts of Justice. HB 1287, sponsored by Del. Mark Cole (R-Spotsylvania) now heads for a full committee vote.
Vera Institute for Justice DC Event Next Week Features Sen. Cory Booker. The Vera Institute is hosting "Justice in Focus: The Path Forward," in Washington, DC, next Tuesday. The event will feature a keynote interview with Sen. Cory Booker (D-NJ), as well as panels with other major figures in criminal justice reform. Click on either link for more information and event details.
Wisconsin Governor Moving Forward With Public Benefits Drug Testing Scheme. Republican Gov. Scott Walker today announced more details of his plan to require drug screening and testing of people seeking public benefits, including food stamps and unemployment benefits. He said that those who fail the drug test would get a chance for free drug treatment and receive job training. More details will come when he unveils his budget proposal on February 3.
Search and Seizure
Supreme Court Hears Arguments Over Roadside Detentions While Awaiting Drug Dogs. How long can a police officer detain you on the side of the highway while waiting for a drug-sniffing dog to come sniff your vehicle? That was the question before the Supreme Court Wednesday. The case is that of a man pulled over in Nebraska. He was issued a warning ticket and asked to consent to a search of his vehicle. He refused, but rather than allow him to go on his way, the officer detained him for eight more minutes until a drug dog arrived. From their questions, it doesn't appear the justices are inclined to side with the defendant; click the link to get the flavor of their comments. The case is Rodriguez v. US.
Jamaica is About to Decriminalize Ganja. The island nation most closely associated with marijuana is about to decriminalize it. The Jamaican cabinet Monday approved a bill that would do just that, as well as allow for the creation of medical marijuana and hemp industries. The bill, the Dangerous Drugs (Amendment) Act of 2015, goes to the Senate tomorrow and will be debated there next Friday. It would decriminalize the possession of up to two ounces of ganja; allow its use for religious, medical, scientific, and therapeutic purposes; prohibit smoking it in public places; and provide for the granting of licenses for the development of a legal hemp and medical marijuana industry.
This article was published in collaboration with AlterNet.
The island nation most closely associated with marijuana is about to decriminalize it. The Jamaican cabinet Monday approved a bill that would do just that, as well as allow for the creation of medical marijuana and hemp industries.
[image:1 align:left caption:true]The bill, the Dangerous Drugs (Amendment) Act of 2015, goes to the Senate tomorrow and will be debated there next Friday.
It would decriminalize the possession of up to two ounces of ganja; allow its use for religious, medical, scientific, and therapeutic purposes; prohibit smoking it in public places; and provide for the granting of licenses for the development of a legal hemp and medical marijuana industry.
While Jamaica is home to the Rastafarian religion, whose sacrament is marijuana, and has high usage rates (9.8% of the adult population, ranking it 10th worldwide, according to the UN), it has been slow to move forward on marijuana law reform.
It's been 14 years since a government-appointed National Commission on Ganja recommended decriminalization. At the time, Jamaican politicians were able to point to baleful threats coming from Washington as a reason not to move forward.
But things have changed. The United States is no longer wielding international drug control treaties as clubs with which to beat down reform efforts and, in fact, is moving unevenly toward marijuana legalization itself. Four states and the District of Columbia have already legalized it, and 14 more have decriminalized it.
The situation in the hemisphere is similar. Uruguay has already legalized it, while Argentina, Colombia, and Mexico have decriminalized the possession of small amounts. The land of the legendary Lamb's Bread pot strain and the home of ganja icon Bob Marley is in danger of being left behind when it comes to bringing marijuana laws into the 21st Century.
Groups such as the Ganja Law Reform Coalition, the Ganja Future Growers and Producers Association, and the Cannabis Commercial and Medicinal Research Task Force have been urging the government to loosen the island's pot laws not only for the sake of social justice, but also for fear that failure to act will hurt Jamaica's competitiveness in what is foreseen to be an emerging international legal marijuana market.
Now, while they're not getting full legalization, they are getting decriminalization and the opportunity to lay the groundwork for a legal marijuana industry.
"The development is long overdue and comes after years, and, in recent times, heavy pressure from what is now a diverse and broadening group of stakeholders on human rights, social, economic, scientific and medical grounds," cannabis taskforce director Delano Seiveright said in a statement.
For Justice Minister Michael Golding, it's less about social justice than economics. Marijuana law reform could boost the island's already significant tourist industry, he said.
"We need to position ourselves to take advantage of the significant economic opportunities offered by this emerging industry," Golding said.
California localities continue to deal with medical marijuana, bills are showing up in the states, the Kettle Falls Five want their prosecutions ended, and more. Let's get to it:
On Monday, a member of the Kettle Falls Five sought dismissal of his federal marijuana case. The widely watched case out of Washington state has been proceeding despite passage of the "CRomnibus" appropriations bill barring the use of federal funds to pursue medical marijuana patients and providers in states where it is legal. Now, Larry Harvey, 71, has filed a motion to dismiss the charges, with his attorney arguing that "federal prosecutions take away Washington's authority to determine for itself whether someone is in compliance with its laws or not."
On Monday, Berkeley began accepting applications for a fourth dispensary. The deadline for applications is March 20. Click on the link for more details.
On Tuesday, the San Diego city council tightened dispensary rules. The council approved requiring employee background checks and testing of products for mold and pesticides, but didn't move to regulate deliveries or create stricter rules for edibles or concentrates. The rules come as the city's first permitted dispensary is supposed to open in the spring. Numerous un-permitted ones exist, but the city has been trying to shut them down.
Also on Tuesday, the Rancho Cordova city council approved a ban on outdoor grows and indoor grows if children are present. The measure was approved 5-0 and will take effect in 30 days.
Also on Tuesday, the Redding city council decided not to try to prohibit outdoor grows. Councilmembers said they wanted to wait for the state and the federal government to figure out their medical marijuana policies first.
On Monday, the state chose its medical marijuana rulemakers. The state Office of Compassionate Use has selected a 12-member panel to craft rules for growing and distributing low-THC, high-CBD medical marijuana under a state law passed last year. The panel will meet during the first week of February to set up a regulatory structure for five nurseries that will be selected to grow, process, and distribute the medicine.
Last Friday, a CBD medical marijuana bill died. Rep. Allen Peake's House Bill 1, which would have allowed for the use of high-CBD cannabis oil to treat seizures in children, has died before even being introduced. The bill died after Gov. Nathan Deal (R) announced his support for another CBD bill, which is yet to be written.
On Wednesday, the Health Department took over the medical marijuana program. A 2013 law transferring control of the state's medical marijuana program from the Department of Public Safety to the Department of Health is now in effect. Although the program officially became part of the Health Department on January 1, it took until now for the transfer to be complete. For more detail on other program changes, as well as times for public hearings on new regulations, click on the link.
Last Friday, medical marijuana supporters rallied in Topeka. Several dozen medical marijuana supporters were joined by a pair of Democratic lawmakers at a statehouse rally to call for legalizing the medicinal use of the herb. The two legislators, Rep. Gail Finney (D-Wichita) and Sen. David Haley (D-Kansas City), filed medical marijuana bills prior to the start of this year's legislative session. Similar measures have been filed since 2009, but none of them have made it to the discussion stage in committee.
Last Thursday, a Minnesota Indian tribe okayed a study on medical marijuana. The tribal council for the Red Lake Band of Chippewa Indians has approved a study what economic benefits could accrue to the tribe by allowing the production of medical marijuana and hemp. Tribal leaders weren't interested in recreational marijuana, but saw job growth and economic development opportunities in producing medical marijuana or hemp. The federal government cleared the way for Indian reservations to participate in marijuana business last month, but so far, only one tribe, the Pinole Pomos in Northern California, has announced plans to move forward.
On Saturday, the state's first vapor lounge opened. Rhode Island patients can now have a place where they can gather and enjoy their medicine together. The Elevated vapor lounge opened in Providence Saturday.
As of Wednesday, there were at least three medical marijuana or CBD bills before the legislature. There are at two new bills aiming to make the use of high-CBD, low-THC medical marijuana legal in the Old Dominion. Filed by Sen. David Marsden (D-Fairfax), Senate Bill 1235 would legalize CBD cannabis oil and THC-A oil. Delegate David Albo (R-Fairfax) has filed House Bill 1445, which would also legalize CDB cannabis oil. A third bill, House Bill 1605, filed by Delegate Kenneth Plum (D-Reston) would legalize marijuana.
Last Monday, a state law banning medical marijuana advertising was ruled unconstitutional. Pierce County Superior Court Judge Elizabeth Martin has ruled unconstitutional a state law that prohibits the advertising of medical uses of marijuana. The law was both vague and overly broad, she ruled, concluding that it violated both the state and federal constitutions. The case is Havsy v. Department of Health.
[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]
The DEA will pay for using a woman's identity (and photos) to make a fake Facebook page, a Wyoming decrim bill is moving, Virginia is seeing CBD and medical marijuana bills, there's a hemp bill in Florida, the Vera Institute releases a report on New York sentencing reforms, and more. Let's get to it:
[image:1 align:right caption:true]Marijuana Policy
Wyoming Decriminalization Bill Wins Committee Vote. The House Judiciary Committee has approved House Bill 29, which would decriminalize the possession of up to an ounce of pot. Fines would be $250 for less than a half ounce and $500 for more. The bill now awaits a House floor vote.
Kettle Falls Five Defendant Seeks Dismissal in Federal Medical Marijuana Case. The widely watched case out of Washington state has been proceeding despite passage of the "cromnibus" appropriations bill barring the use of federal funds to pursue medical marijuana patients and providers in states where it is legal. Now, Larry Harvey, 71, has filed a motion to dismiss the charges, with his attorney arguing that "federal prosecutions take away Washington's authority to determine for itself whether someone is in compliance with its laws or not."
Hawaii Health Department Takes Charges of Medical Marijuana Program. A 2013 law transferring control of the state's medical marijuana program from the Department of Public Safety to the Department of Health is now in effect. Although the program officially became part of the Health Department on January 1, it took until now for the transfer to be complete. For more detail on other program changes, as well as times for public hearings on new regulations, click on the link.
Virginia Legislature Sees CBD, Medical Marijuana Bills. There are at two new bills aiming to make the use of high-CBD, low-THC medical marijuana legal in the Old Dominion. Filed by Sen. David Marsden (D-Fairfax), Senate Bill 1235 would legalize CBD cannabis oil and THC-A oil. Delegate David Albo (R-Fairfax) has filed House Bill 1445, which would also legalize CDB cannabis oil. A third bill, House Bill 1605, filed by Delegate Kenneth Plum (D-Reston) would legalize marijuana.
Washington State Law Banning Medical Marijuana Advertising Unconstitutional, Court Rules. Pierce County Superior Court Judge Elizabeth Martin has ruled unconstitutional a state law that prohibits the advertising of medical uses of marijuana. The law was both vague and overly broad, she ruled, concluding that it violated both the state and federal constitutions. The case is Havsy v. Department of Health.
Florida Hemp Bill Filed. Rep. Michelle Rehwinkel-Vasalinda (D-Tallahassee) has introduced a bill that would legalize hemp production in the state. The bill is House Bill 363. Activists with the Florida Cannabis Action Network (CAN) are seeking a Senate sponsor.
Vera Institute of Justice Report on New York Sentencing Reforms. The report examines 2009 reforms to the Rockefeller drug laws that removed mandatory minimums for some drug offenses and expanded eligibility for treatment instead of incarceration. The report found a 35% percent increase in the rate of diversion to treatment; lower rates of re-arrest in such cases; which was associated with lower rates of rearrest, and fewer defendants sentenced to jail, time served, or "split sentence" -- a combination of jail and probation. However, most drug arrests still did not lead to diversion, and implementation varied widely across boroughs.
DEA Will Pay $134,000 to Woman It Used in Fake Facebook Page. The Justice Department has settled a civil suit brought against the DEA by a Watertown, New York, woman whose identity and photos were used by a DEA agent to create a fake Facebook page in her name to catch drug fugitives. Sondra Arquiett's phone had by seized by the Agenty Tim Sinnigen during a 2010 drug arrest, and the agent posed as her on Facebook without her consent. "The photographs used by Sinnigen included revealing and/or suggestive photographs of (Arquiett), including photographs of (her) in her bra and panties. Sinnigen also posted photographs of (Arquiett's) minor child and her minor niece to the Facebook page." The Justice Department will pay $134,000 to make this go away.
Vietnam Sentences Eight to Death for Heroin Trafficking. Eight people have been sentenced to die for trafficking 416 pounds of heroin in Vietnam. The trial in People's Court in Ho Binh province ended Monday. Six other defendants were sentenced to life in prison, and 17 others jailed for terms ranging from six to 20 years. Vietnam has some of the world's toughest drug laws.
Stratfor's Mexico Cartel Map. The private, Austin-based intelligence concern has released its latest map of Mexican cartel activity. Despite constant changes in the organized crime scene, Stratfor says, cartel activity remains based in three geographic locations: Sinaloa, Tamaulipas, and the Tierra Caliente in Michoacan and Guerrero. Click on the link for more.
State legislative sessions are getting underway, and drug policy-related bills are popping up all over. There's good, bad, and ugly. Let's get to it:
[image:1 align:left caption:true]Marijuana Policy
Alaska Bill Would Delay Regulations for Marijuana Concentrates. Rep. Paul Seaton (R-Homer) last Friday filed House Bill 59, which would delay regulations for concentrates by up to a year. That conflicts with the language of the marijuana legalization initiative, and has legalization supporters unhappy. Click on the story link for more details.
A Big Batch of Pot Bills in Maine. There are at least 15 marijuana-related bills pending before the state legislature, including one that would legalize, tax, and regulate the weed. Rep. Dianne Russell (D-Portland), sponsor of the legalization bill, is also sponsoring four medical marijuana bills. Another bill, sponsored by the Department of Public Safety, would set a limit on the amount of THC drivers could have in their systems. Click on the link for more detail.
Nebraska Bill Would Make Pot Concentrates a Felony. The state decriminalized pot possession in the 1970s, but a bill being pushed by the state attorney general's office, LB 326, would begin to undo that by making possession of marijuana concentrates not just a misdemeanor, but a felony, punishable by up to five years in state prison. It's been referred to the Judiciary Committee.
Responsible Ohio Lays Out its Vision for Legalization. The group wants to put a constitutional amendment to legalize pot on the November 2015 ballot, and today announced details of its proposal. The initiative would create a Marijuana Control Commission, allow for 10 licensed commercial grows, allow for marijuana manufacturing facilities that would sell only to retailers, allow for nonprofit medical marijuana dispensaries, and would tax marijuana at a 15% rate. Click on either link for more.
Virginia Legislature Sees Heroin Bills Filed. At least four bills have been filed that seek to address the toll of heroin addiction and overdoses. House Bill 1638 would make people who provided drugs that resulted in a fatal overdose liable for a second degree murder charge; House Bill 1500 is a limited 911 Good Samaritan bill; House Bill 1458 would expand access to the overdose reversal drug naloxone, and Senate Bill 817 would expand the state's prescription monitoring program to allow probation and parole officers to access the database.
Wyoming Asset Forfeiture Reform Bill Advances to Senate Floor. A bill that would bar police from seizing people's property unless they are charged with a felony drug crime passed out of the Senate Judiciary Committee Monday and now awaits a Senate floor vote. Senate File 14 drew late opposition from the offices of Gov. Matt Mead (R) and Attorney General Peter Michael (R), which claimed they would have to charge more people with felonies if they couldn't just take their money, but legislators expressed irritation at the late objections when the bill has been in process for months.
Wyoming Bill Would Lighten Up on Repeated Drug Possession Punishments. Under current law, people convicted a third time in their lives for misdemeanor drug possession face felony penalties. House Bill 109 would change state law to make the felony penalties apply on the forth conviction, and the previous convictions would have to have happened in the past five years, instead of throughout the convict's lifetime, which is current law. There are at least three other bills relating to drug possession before the legislature; click on the title link to read more.
Montana Food Stamps Drug Testing Bill Filed. Rep. Randy Pinocci (R-Sun River) Monday filed House Bill 200, which would require all applicants for the Temporary Assistance for Needy Families (TANF, the food stamps program) to be screened for evidence of drug abuse. Those whose screening suggests a possible issue would be required to undergo a drug test. People who test positive for drugs wouldn't be allowed to receive benefits unless they agreed to complete a 30-day drug treatment program.
Michigan Cops Start Carrying Overdose Reversal Drug. Deputies in Oakland County have begun carrying naloxone opioid overdose reversal kits in a bid to reduce overdoses. That was made possible by the passage last year of Senate Bill 1049, which allowed law enforcement agencies to distribute the drug to police who have been trained to use it.
German Cops Tired of Messing Around With Small Time Drug Crimes. The country's police union is calling for "soft" drug offenses and other minor crimes to be decriminalized so police can focus on serious crime and terrorism. German police are also faced with shrinking numbers due to mandatory retirement of officers.
Chronicle AM: NY Pot Legalization Bill, DEA Gathered Metadata, Indonesia Executions Reaction, More (1/19/15)
New York has a marijuana legalization bill, New Hampshire ponders a study of legalization, Rhode Island patients get a vapor lounge, the DEA has another means of surveilling Americans, Indonesia's resort to the death penalty for drugs stirs controversy, and more. Let's get to it:
[image:1 align:right caption:true]Marijuana Policy
New York Legalization Bill Filed. State Sen. Liz Krueger (D-Manhattan) has filed a bill to legalize marijuana. SO1747 would allow for the taxation and regulation of marijuana commerce. Notably, it also sets the age for legal marijuana use at 18, instead of the more common 21.
New Hampshire Hearing on Legalization Study Committee. A bill that would establish a study committee on marijuana legalization got a hearing today. The bill is HB 150.
Florida Chooses Medical Marijuana Rulemakers. The state Office of Compassionate Use has selected a 12-member panel to craft rules for growing and distributing low-THC, high-CBD medical marijuana under a state law passed last year. The panel will meet during the first week of February to set up a regulatory structure for five nurseries that will be selected to grow, process, and distribute the medicine.
Rhode Island's First Vapor Lounge Opens. Rhode Island patients can now have a place where they can gather and enjoy their medicine together. The Elevated vapor lounge opened in Providence Saturday.
Colorado Bill Would End Civil Forfeiture. Freshman state Sen. Laura Woods (R-Arvada) has filed a bill that would stop police from seizing assets unless the owner is convicted of a crime. Senate Bill 2015-006 would end civil forfeiture without a conviction unless there is a settlement with all parties, including the owner, to agree to give up the property. Woods said the bill is an effort to block "policing for profit."
DEA Kept Secret Metadata Database. The DEA kept a secret database of telephone metadata -- entirely separate from the NSA program revealed by Edward Snowden -- covering calls between parties in the US and ones in other countries. The information, contained in a three-page,partially-redacted affidavit from a top DEA official, was revealed in a court filing last week in a case involving trade with Iran. The DEA used "administrative subpoenas" authorized under a federal drug trafficking statute to collect the data. The program was ended in 2013. Click on the link for much more detail.
Fury as Indonesia Executes Six Drug Traffickers, Including Five Foreigners. As promised by President Joko Widodo, Indonesia put to death six convicted drug traffickers Sunday, including citizens of Brazil, Malawi, Nigeria, the Netherlands, and Vietnam. Brazil and the Netherlands reacted angrily, with both countries recalling their ambassadors from Jakarta. Brazilin President Dilma Roussef said she was "distressed and outraged" after Indonesia ignored her last minute plea for clemency. "Using the death penalty, which is increasingly rejected by the international community, seriously affects relations between our countries," the Brazilian government said in a statement. The Dutch government called the executions "terribly sad" and emphasized that it remains opposed to the death penalty. But President Widodo defended the executions in a Facebook post: "The war against the drug mafia should not be half-hearted measures, because drugs have really ruined the good life of the drug users and their families," he said.
Chronicle AM: Major Asset Forfeiture Reform Move, NCAA Drug Policy Review, Indonesia Executions, More (1/16/15)
Attorney General Holder announces a major civil asset forfeiture reform move, the NCAA will review its drug policies, a Vermont report on the impact of pot legalization has been released, and more. Let's get to it:
[image:1 align:right caption:true]Marijuana Policy
No Marijuana Stores in Alaska's Capital Until October. The City and Borough of Juneau Assembly has approved a moratorium on marijuana-related businesses until October 19. City officials will not consider any land use or other permits until the moratorium expires, meaning pot businesses won't be able to grow crops or prepare for retail sales until then.
Report on Impact of Legalization in Vermont Released. Vermont could make tens of millions of dollars in marijuana revenues a year, according to a new comprehensive report released today. The report was commissioned by the state legislature and serves as a policy guide as the state considers legalization. It lays out various options for legalization.
Georgia CBD Medical Marijuana Bill Dead. Rep. Allen Peake's House Bill 1, which would have allowed for the use of high-CBD cannabis oil to treat seizures in children, has died before even being introduced. The bill died after Gov. Nathan Deal (R) announced his support for another CBD bill, which is yet to be written.
Kansas Medical Marijuana Supporters Rally in Topeka. Several dozen medical marijuana supporters were joined by a pair of Democratic lawmakers at a statehouse rally today to call for legalizing the medicinal use of the herb. The two legislators, Rep. Gail Finney (D-Wichita) and Sen. David Haley (D-Kansas City), filed medical marijuana bills prior to the start of this year's legislative session. Similar measures have been filed since 2009, but none of them have made it to the discussion stage in committee.
Attorney General Holder Blocks Federal Asset Forfeiture Sharing Program. In the boldest civil asset forfeiture reform move in years, Holder has barred federal agencies from participating in the Equitable Sharing asset forfeiture program, under which state and local police seeking to circumvent state asset forfeiture laws would let federal agencies "adopt" the seizures. Under the program, the police agency got up to 80% of the proceeds, while state laws typically require them to be deposited in designated accounts, such as the general fund or education funds. Click on the link for the full story.
NCAA to Consider Revamping Its Drug Policy. In the wake of criticism for suspending a University of Oregon football player for pot smoking just before the collegiate national championship game, and after its Committee on Competitive Safeguards and Medical Aspects of Sports informally recommended it, the NCAA will examine proposed changes to its policies for testing both performance-enhancing and recreational drugs. The NCAA's standard for marijuana, for instance, it 10 times that used for airline pilots.
Stratfor Report on Mexican Drug Trafficking. The Austin-based private intelligence group has released a free, condensed version of its annual Mexican drug cartel report. Check it out at the link.
Indonesia Set to Execute Six Drug Convicts Sunday. New President Joko Widodo appears to be living up to his vow to not grant clemency to death row drug prisoners. The Indonesian Attorney General's Office announced Friday that it will execute six convicted drug traffickers Sunday. Widodo signed off on the executions last month.
Oregon marijuana regulators are going on a listening tour while consumers get organized, a Minnesota Indian reservation ponders producing medical marijuana, UMass ends its student snitch program, and more. Let's get to it:
[image:1 align:right caption:true]Marijuana Policy
Oregon Liquor Control Board on Pot Policy Listening Tour. The board, which is charged with regulating marijuana as well as liquor, has set the first two stops on its statewide listening tour designed to elicit public comment on proposed rules and regulations. The first two stops will be next Thursday in Baker and Pendleton. Click on the link for event details.
NORML Forms Portland Chapter to Lobby for Marijuana Consumer Interests. The National Organization for the Reform of Marijuana Laws (NORML) has formed a Portland, Oregon, chapter to lobby for the interests of pot smokers as the state begins drafting rules for legal marijuana there. The Portland chapter is headed by radio host and long-time marijuana activist "Radical" Russ Bellville. The group will push to ensure that pot smokers are "provided the same rights, privileges, and responsibilities as adult alcohol and tobacco consumers, whenever practical."
Minnesota Indian Tribe Okays Study on Medical Marijuana, Hemp. The tribal council for the Red Lake Band of Chippewa Indians has approved a study what economic benefits could accrue to the tribe by allowing the production of medical marijuana and hemp. Tribal leaders weren't interested in recreational marijuana, but saw job growth and economic development opportunities in producing medical marijuana or hemp. The federal government cleared the way for Indian reservations to participate in marijuana business last month, but so far, only one tribe, the Pinole Pomos in Northern California, has announced plans to move forward.
Obstacles to Wider Use of Suboxone. The Washington Post has a nice piece on bureaucratic bottlenecks blocking the wider use of the opiate maintenance medication suboxone, which is safer than methadone. Only doctors who have been trained and approved by the DEA can prescribe it, and only to a limited number of patients. Click on the link for much more.
Supreme Court Hears Deportation Case Hinging on Whether a Sock is Drug Paraphernalia. The US Supreme Court Wednesday held a hearing in the case of Moones Mellouli, a legal permanent US resident, who was ordered deported after being caught with four Adderall pills and eventually accepting a deal to plead guilty to possession of drug paraphernalia -- the sock in which the pills were hidden. His is the fourth case in which the high court has looked at deportations for minor drug offenses; in the first three, the court ruled against the government. Given the incredulous tenor of the questions from the justices, it looks like the government may lose this one, too. Click on the link for more.
UMass Amherst Will Quit Using Student Snitches. The school's chancellor has ended its program allowing campus police to use students as confidential informants. The move comes after a student used as a snitch by campus cops died of a heroin overdose. Chancellor Kumble Subbaswamy said using students as snitches is "fundamentally inconsistent with our core values."
The battle over a CBD medical marijuana bill is heating up in Georgia, the Florida medical marijuana initiative returns, California localities continue to deal with dispensary issues, and more. Let's get to it:
Last Friday, Kern County sued to shut down five more dispensaries. That's makes a least a dozen lawsuits filed against dispensaries by the county. Those hit this time are Genuine Empathy, Greenery Lounge, Organic Caregivers Center, Medical Alternative Supply House Corporation, and Platinum Wellness.
On Tuesday, the San Diego city council moved forward on dispensary applications. The council rejected appeals of a staff finding that dispensary applications are exempt from provisions of the state's Environmental Protection Act. This will allow some 40 permit applications to move forward, although it's unlikely more than a few will be granted. The city does not yet have a legal dispensary, but it has shut down dozens of unpermitted ones.
Also on Tuesday, the Vallejo city council voted to ban dispensaries, then voted to regulate them instead. The council first voted 5-2 to ban all dispensaries, then voted 4-3 not to. It then approved a measure to begin the process of regulating dispensaries. The city has about 30 dispensaries now operating, but only 12 are complying with tax and licensing requirements. It's unclear how many would be allowed under the regulation scheme, but one council member said the proper number was two.
On Wednesday,the medical marijuana program's Board of Physicians recommended expanding the list of qualifying medical conditions. The board voted to include sickle cell disease, chronic back pain after surgery, and severe psoriasis as qualifying conditions for medical marijuana, but not Tourette's Syndrome. The recommendations now go to the Consumer Protection Commissioner, who would then decide whether to accept the recommendation, then draft a new regulation that would go to another public hearing before going to the General Assembly's regulation-review committee for a final decision. It could take months or even years.
On Monday.the Florida medical marijuana initiative returned. Proponents of last year's failed medical marijuana initiative have filed a rewritten ballot measure aimed at 2016. "The language and the essence of the amendment is essentially the same," said John Morgan, the Orlando attorney who chairs People United for Medical Marijuana, and the chief financer of the legalization drive. "What I would say is that we have tweaked or clarified positions that were constantly brought up by our opposition to help us talk more freely about the real issue, which is the legalization of medical marijuana."
Last Friday,a poll found that Georgians back allowing CBD cannabis oil. Some 84% of Georgians support the legalization of low-THC, high-CBD cannabis oils to treat medical conditions, according to a new Atlanta Journal-Constitution poll. The poll also found that when it came to legalizing marijuana for recreational use, Georgians were split almost evenly, with 49% saying legalize it and 48% saying don't.
On Monday,the fight over a CBD medical marijuana bill continued. Rep. Allen Peake (R-Macon) has said he will modify his CBD medical marijuana bill, House Bill 1, after Gov. Nathan Deal (R) objected to a provision that would allow production of the group in the state. That has supporters of the bill unhappy. They say that because federal law prohibits transporting medical marijuana between states, their medicine will remain out of reach if it cannot be grown in-state.
[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.
Chronicle AM: DC Challenges Congress on Pot Legalization, ME Welfare Drug Test Plan Approved, More (1/14/15)
The District of Columbia is challenging Congress on marijuana legalization, Sens. Feinstein and Grassley complain about administration drug policy, a plethora of pot bills have bill filed in Oregon, and more. Let's get to it:
[image:1 align:left]Marijuana Policy
DC Sends Legalization Measure to Congress. DC Council Chairman Phil Mendelson (D) Tuesday sent to Congress the District's voter-approved Initiative 71 legalization measure, in effect challenging the body to either block it or let it stand. Mendelson's move starts a 30-day clock during which time Congress must act or the measure becomes law. In December, Congress voted to block funds to implement the measure, but DC maintains that that move does not stop the District from enacting it. Stay tuned.
Anchorage Mayor Wants to Ban Public Consumption. Mayor Dan Sullivan has proposed an ordinance that would ban pot use in public places. But his plan is running into opposition, with opponents claiming it is too broad. Click on the link for more details.
Oregon Legislature Sees a Bundle of Marijuana Bills. You'd think legalizing marijuana would quiet the issue at the statehouse, but you would be wrong. At least 16 marijuana-related bills were introduced Monday, ranging from limits on physician prescribing to limitations on retail sales locations to warnings to pregnant women, and more. Click on the link for a fuller rundown.
Connecticut Medical Marijuana Program Recommends Expanding List of Qualifying Conditions. The state's Medical Marijuana Program Board of Physicians voted today to include sickle cell disease, chronic back pain after surgery, and severe psoriasis as qualifying conditions for medical marijuana, but not Tourette's Syndrome. The recommendations now go to the Consumer Protection Commissioner, who would then decide whether to accept the recommendation, then draft a new regulation that would go to another public hearing before going to the General Assembly's regulation-review committee for a final decision. It could take months or even years.
Senators Feinstein and Grassley Criticize Obama's Policy on International Drug Control Treaties. Senate octogenarians Dianne Feinstein (D-CA) and Charles Grassley (R-IA) have teamed up to express their dismay over the Obama administration's "flexible interpretation" of UN drug control treaties and their concern over whether allowing states to legalize marijuana puts the US in conflict with the treaties. They sent one letter to Secretary of State John Kerry and another letter to Attorney General Eric Holder. The co-chairs of the Senate Caucus on International Narcotics Control complained that administration forbearance in the face of state-level legalization could let states "implement policies that legalize other, even more harmful drugs, without recourse" and that administration approaches to the issue may "weaken US standing as an international leader on drug control issues."
Maine Governor Gets Go-Ahead for Welfare Drug Testing. Gov. Paul LePage's (R) plan to begin drug testing some welfare applicants has won final approval from the state attorney general, his office said Tuesday. The state will begin drug-testing convicted drug felons who are applying for or receiving welfare benefits. Those who fail will lose benefits unless they enroll in a drug treatment program. Civil rights and poverty activist groups have criticized the measure as an intrusion on privacy and an attack on poor people.
Tennessee Cops Now Carrying Overdose Reversal Drug. Police in the Volunteer State are now beginning to carry the overdose reversal drug naloxone in a bid to reduce overdose deaths. The first training seminars for law enforcement personnel began last Friday. The move comes after the legislature last year passed a law allowing for broader distribution of the drug, including law enforcement and emergency medical personnel.
Walid Jumblatt Again Calls for Lebanese Hash Legalization, Cites Terror Fight. Senior Druse leader and Lebanese MP Walid Jumblatt has reiterated his call to legalize the hash trade in the country and he has tied it the country's fight against terrorism. The government needs to increase security and stability in the Bekaa Valley, a leading hash cultivation area, he said. "The treatment cannot be a security one only, but it should be backed by development (projects), and thus I still believe that the cultivation of hashish should be legalized because the theory of alternative crops has failed," Jumblatt said.
In a pointed message to the Congress, DC councilmembers last week introduced a bill that would tax and regulate marijuana sales in the nation's capital. The move comes despite passage of a federal spending bill that included an amendment barring the District from spending local or federal funds to implement such a law.
[image:1 align:left]Last November, District voters overwhelmingly approved Initiative 71, which legalized the possession and cultivation of small amounts of marijuana, but not the regulated sale and taxation of it. That's because DC law forbids voter initiatives from addressing tax issues.
The city council, which already approved decriminalization last year, has been prepared all along to consider a taxation and regulation bill to turn Initiative 71 into full-blown legalization. And despite the move by some Republicans in Congress to try to erase November's District election results, the council is undeterred.
Councilmember David Grosso and three colleagues have introduced the Marijuana Legalization and Regulation Act of 2015 (B21-0023), which would create a framework for a legal marijuana industry, complete with licensed cultivators, product manufacturers, retail stores, and testing labs.
An earlier version of the bill, the Marijuana Legalization and Regulation Act of 2013, got as far as a public hearing in October, before the election. But it has now been superseded in part by Initiative 71 and by the new bill.
With Republicans now in control of both houses of Congress, efforts to quash the District's efforts to end pot prohibition are bound to continue -- even though even some Republicans are now leery of blocking the democratic expression of the will of District voters. But like the District's new mayor, Muriel Bowser, who is vowing to push ahead with Initiative 71, the DC council appears ready to take the fight wherever it leads.
Chronicle AM: Flurry of Federal Drug Reform Bills, AZ Legalization Demo, Heroin ODs Up Sharply, More (1/13/15)
Marijuana legalization battles start to heat up in the states, a flurry of federal drug reform bills are filed, heroin overdose deaths are up sharply, Mexican cartels seem to be switching from pot to meth and heroin, and more. Let's get to it:
[image:1 align:right]Marijuana Policy
Maine Legalization Foes Get Organized. Maine isn't going to legalize weed without a fight. Two groups with "grave concerns" about legalization kicked off a year-long campaign to "educate" Mainers about the dangers of the herb. The two groups are Smart Approaches to Marijuana Maine and the Maine Alliance to Prevent Substance Abuse. The move comes as Rep. Diane Russell (D-Portland) said she will reintroduce her perennial legalization bill, and as state activists work toward a legalization initiative in 2016.
Arizonans Rally to Protest Pot Prohibition, Call for Legalization. More than a hundred people gathered outside the state capitol in Phoenix Monday to urge marijuana law reforms. They were led by Safer Arizona, which says it will protest on the first day of the legislative session until marijuana is legal. A legalization bill will be before the legislature this year.
Fight Over Georgia CBD Medical Marijuana Bill.Rep. Allen Peake (R-Macon) has said he will modify his CBD medical marijuana bill, House Bill 1, after Gov. Nathan Deal (R) objected to a provision that would allow production of the crop in the state. That has supporters of the bill unhappy. They say that because federal law prohibits transporting medical marijuana between states, their medicine will remain out of reach if it cannot be grown in-state.
Federal Hemp Bill Reintroduced. Oregon Sens. Ron Wyden (D) and Jeff Merkley (D) and Kentucky Sens. Mitch McConnell (R) and Rand Paul (R) have re-filed their bill to amend the Controlled Substances Act to exclude industrial hemp from the definition of marijuana. The bill, SB 134, has been referred to the Senate Judiciary Committee.
Heroin Overdose Deaths Jumped in 2013. The Centers for Disease Control and Prevention released data Monday showing that 8,257 people died of heroin-related deaths in 2013, up 39% from the 5,924 deaths the previous year. The number of overall drug overdose deaths also increased, to 43,982 in 2013 from 41,340 the year before. That's an overall increase of 6%.
First LSD Study in Decades Shows Promising Results. LSD can alleviate anxiety in terminally ill patients, according to the first clinical study of the drug in 40 years. The research was sponsored by the Multidisciplinary Associations for Psychedelic Studies (MAPS). The research results were published here.
Houston Congresswoman Files Trio of Criminal Justice Reform Bills. Rep. Sheila Jackson Lee (D-TX) has filed several criminal justice reform bills: HR 46 would increase the evidentiary standard required to convict someone for a drug offense and require screening of police participating in drug task forces; HR 51 would provide for collection of data on racial profiling in traffic stops; and HR 71 would provide earlier releases for certain nonviolent offenders.
Federal Medical Marijuana Asset Forfeiture Reform Bill Filed. Rep. Barbara Lee (D-CA) has filed HR 262, which would amend the Controlled Substances Act to exempt from civil forfeiture real property seized because of medical marijuana-related conduct in states where it is legal. The bill currently has no cosponsors.
Wisconsin Group Delivers Urine Specimen Cups to Legislators in Welfare Drug Test Protest. The Wisconsin chapter of the National Organization for Women (NOW) protested Gov. Scott Walker's (R) plan to impose drug testing on welfare recipients Monday by delivering urine sample cups -- unused -- to the offices of Republican legislators. The group says the plan won't achieve anything except demonizing the poor and that it may be unconstitutional.
Mexican Drug Traffickers Switching to Meth and Heroin. Marijuana legalization and decriminalization north of the border is having an impact south of the border, if US drug seizures are any indication. The amount of marijuana seized by state, local, and federal law enforcement has dropped 37% since 2011, while heroin seizures have increased three-fold and meth seizures have increased five-fold. Farmers in Mexico have reported switching from marijuana to opium in response to market trends.
Chronicle AM: CA Tribe Will Grow Pot, Call for Asset Forfeiture Reform, KY Heroin Bill Moves, More (1/12/15)
A California tribe looks to be the first to grow marijuana, DC councilmembers move ahead with plans to tax and regulate pot, key congressional committee chairs call for asset forfeiture reform, an omnibus heroin bill is on the move in Kentucky, and more. Let's get to it:
[image:1 align:left caption:true]Marijuana Policy
Milwaukee Aldermen Want to Make Pot Ticket A $5 Fine or Less. If you get caught with marijuana in Milwaukee right now, you face a fine of between $250 and $500 -- and a trip to jail if you don't pay the fine. Two Aldermen think that's too much. Nik Kovac and Ashanti Hamilton are proposing lowering the fine to $5 or less. "We are effectively trying to eliminate any of these tickets," Kovac said, citing racial disparities in marijuana arrests. Although the city's black and white populations are roughly equal, five times as many black people were arrested for possession of marijuana last year as white people.
Half of Michiganders Support Marijuana Legalization. Michigan is evenly divided on marijuana legalization, with 50% saying they would support an initiative allowing possession by adults and taxable sales at state-regulated stores, and 46% saying they opposed such an idea. The figures come from a new poll conducted by EPIC-MRA of Lansing. A similar poll last year had support at 47%. The trend is upward, but the numbers aren't high enough to excite deep-pocketed potential initiative backers; the conventional wisdom is that initiatives should be polling at 60% or more when the campaign begins.
DC Councilmembers File Bill to Tax and Regulate Marijuana. In a pointed message to the Congress, DC councilmembers last week introduced a bill that would tax and regulate marijuana sales in the nation's capital. The move comes despite passage of a federal spending bill that included an amendment barring the District from spending local or federal funds to implement such a law. Councilmember David Grosso and three colleagues have introduced the Marijuana Legalization and Regulation Act of 2015 (B21-0023), which would create a framework for a legal marijuana industry, complete with licensed cultivators, product manufacturers, retail stores, and testing labs.
Washington State Legislators Face Plethora of Pot Bills. Voting to legalize marijuana in 2012 was not the end for marijuana policy at the state legislature, but a new beginning. This week, at least seven marijuana-related bills have been filed as the session gets underway. A pair of bills seeks to resolve the problems with the fit between recreational and medical marijuana, another bill would raise the excise tax, yet another addresses organ transplant eligibility, while another would bar open containers in moving vehicles. Click on the link for more details and all the bill numbers.
A Second Ohio Legalization Initiative Campaign Emerges. Ohioans to End Prohibition has become the second group to plan a 2016 legalization initiative in the Buckeye State. The group is finalizing language for its Cannabis Control Amendment within the next few weeks. Already out of the gate is Responsible Ohio, whose End Ohio Cannabis Prohibition Act (EOCPA) would set up 10 authorized marijuana growing locations around the state.
Northern California Tribe Could Be First to Grow Pot. The Pinoleville Pomo Nation in Mendocino County, California, said last Thursday it had signed a contract to grow thousands of marijuana plants on its 99-acre rancheria (reservation) north of Ukiah. The Justice Department recently gave the okay for marijuana operations on tribal lands, and it looks like the Pomos are first off the blocks.
Florida Medical Marijuana Initiative is Back. Proponents of last year's failed medical marijuana initiative have filed a rewritten ballot measure aimed at 2016. "The language and the essence of the amendment is essentially the same," said John Morgan, the Orlando attorney who chairs People United for Medical Marijuana, and the chief financer of the legalization drive. "What I would say is that we have tweaked or clarified positions that were constantly brought up by our opposition to help us talk more freely about the real issue, which is the legalization of medical marijuana."
Poll Finds Georgians Back Allowing CBD Cannabis Oil. Some 84% of Georgians support the legalization of low-THC, high-CBD cannabis oils to treat medical conditions, according to a new Atlanta Journal-Constitution poll. The poll also found that when it came to legalizing marijuana for recreational use, Georgians were split almost evenly, with 49% saying legalize it and 48% saying don't.
Kentucky Omnibus Heroin Bill Passes Senate. A multi-pronged bill designed to address the state's heroin problem passed the Senate in three days. The measure would increase treatment, prevention, and overdose prevention measures, but would also increase penalties for some heroin offenses. Democrats in the House said they will pass a similar measure, but probably without the mandatory minimum prison sentences approved in the Senate version.
Geneva Wants to Legalize the Marijuana Business. A year after Switzerland decriminalized pot possession, the canton on Geneva is thinking about legalizing the pot trade in a bid to undermine the black market. The canton's multi-party Advisory Commission on Addiction has urged the regional government to seek federal government approval of a pilot legalization program. The commission is recommending something akin to the Spanish model, where home cultivation is tolerated and private cannabis clubs offer smoking space and weed for sale to members.
Brazil Justice Minister Says No Marijuana Legalization. Justice Minister Jose Eduardo Cardozo said Sunday that Brazil has no intention of following neighboring Uruguay down the path of pot legalization. "Legalization of drugs is not a part of the government's plans," he said. While reform advocates have cited prison overcrowding as a reason to legalize pot, Cardozo said the answer to overcrowding is not to stop arresting marijuana offenders, but to build more prisons.
Chile Authorizes Second Medical Marijuana Grow. Government officials have given the okay to a Chilean concern to grow a medical marijuana crop, the second time such a crop has been approved in the country. Agrofuturo will begin industrial production at its facility in the city of Los Angeles, south of Santiago. In September, the government granted approval to the Daya Foundation to grow the country's -- and the continent's -- first legal medical marijuana crop.
All the medical marijuana news this week is from the West and Midwest. There's good news from Iowa, Montana, and South Dakota, but things are going slowly in Illinois. Let's get to it:
[image:1 align:right caption:true]Illinois
Last Wednesday, the state missed its own deadline on issuing medical marijuana licenses. State officials admitted Wednesday afternoon that they had missed their self-imposed deadline to begin issuing dispensary and cultivation licenses before the end of 2014. But they didn't say why or when they would be ready. Here is the statement from the Department of Health: "We are strongly committed to bringing relief to thousands of people across the state and ensuring Illinois is the national model for implementing medical cannabis. We are working hard to make sure this is done right. We are conducting a comprehensive review of every cultivation center and dispensary applicant to ensure that only the most qualified are approved for this important program. We will announce the recipients when this important review is finished."
On Monday, the Iowa Pharmacy Board voted to reschedule CBD, but not marijuana. The state Board of Pharmacy voted to move cannabidiol (CBD) from Schedule I to Schedule II, but not marijuana. The board was acting on a petition from long-time activist Carl Olsen, who sought to have the whole plant rescheduled. But the board wasn't ready to do that. Olsen says while it isn't what he was asking for, it is a step in the right direction.
Last Friday, a district court judge blocked some restrictions on medical marijuana. A state district court judge dealt a death blow to provisions of a restrictive state medical marijuana law passed by the Republican-dominated legislature seven years after Big Sky voters approved a more open initiative allowing for medicinal use and a wide open dispensary scene. District Judge James Reynolds in Helena permanently enjoined the implementation of certain key provisions in the law. Those provisions have never actually taken effect because Reynolds blocked them with a temporary injunction back in 2011. Click on the title link for more details.
On Monday, medical marijuana billboards began going up in Sioux Falls. Billboards pushing for medical marijuana and paid for by the Sioux Falls Free Thinkers are going up this week in South Dakota's largest city. The move comes as advocacy groups, including South Dakota Against Prohibition, work to get a medical marijuana bill through the legislature this session. South Dakota legislators have consistently rejected medical marijuana, and so have the state's voters. Past efforts to legalize medical marijuana at the ballot box failed in 2006 and 2010.
[For extensive information about the medical marijuana debate, presented in a neutral format, visitMedicalMarijuana.ProCon.org.]
Chronicle AM: DC Pot Foes Busted, VT Pot Legalization Coalition Forms, KY to Hand Out Naloxone Kits, More (1/7/15)
DC pot legalization foes get nailed for campaign finance violations, Vermont activists are joining forces to legalize it this year, the Congressional Black Caucus is going to concentrate on criminal justice reform, Kentucky is spending money to prevent opiate overdoses, and more. Let's get to it:
[image:1 align:left caption:true]Marijuana Policy
Colorado Governor Says Legalization Off to Good Start, But He's Worried About the Kids. Gov. John Hickenlooper (D) told reporters Tuesday that despite his initial concerns, the state's marijuana industry is well-regulated and staying within the law "in almost every case." Still, said Hickenlooper, "The concern that we still have — that I still have — is whether young people will view this legalization as in some way saying to them that marijuana is safe."
DC Legalization Opponents Violated Campaign Finance Laws. The DC Office of Campaign Finance has concluded that the anti-Initiative 71 group TIE DC ("Two is Enough, DC") violated several campaign laws in its effort to defeat the successful legalization initiative. It failed to register as a political committee, failed to file a financial report, and failed to include proper language in its campaign literature, according to the campaign finance office report. The office is recommending that the group be fined $2,000.
Oregon Liquor Commission Seeking Public Comment on How to Proceed With Legal Marijuana. The commission, which is charged with implementing legalization, wants to hear from interested parties. It has posted a survey on its website asking the public for its input on how best to move forward. The commission is planning a series of "listening sessions" later this month.
Vermont Coalition to Regulate Marijuana Forms. Groups of Vermont legalization supporters have come together to form the Vermont Coalition to Regulate Marijuana with an eye toward getting a legalization bill passed this year. Coalition members include the Vermont ACLU, the state Libertarian and Progressive parties, other state groups, the Marijuana Policy Project and Law Enforcement Against Prohibition (LEAP). A legalization bill last year morphed into a study bill, whose report will be released next week, but Sen. David Zuckerman (P/D-Chittenden) said he plans to introduce a legalization bill this session.
Kentucky to Pay For 2,000 Take-Home Overdose Reversal Drug Kits. Gov. Steve Beshear (D) announced Tuesday that the state will provide $105,000 for three urban hospitals to buy 2,000 naloxone kits to send home with heroin overdose patients. "This project will allow us to get this medicine into the hands and homes of the people who need it most: heroin users and their families," Attorney General Jack Conway said at a Capitol news conference, standing with Beshear and first lady Jane Beshear. "They will be walking out (of the emergency room) with a medication that could save their lives." At least 723 Kentuckians died of drug overdoses in the first nine months of 2014; 27% of those cases involved heroin.
New Head of Congressional Black Caucus Promises Focus on Criminal Justice Reform. Incoming caucus head Rep. GK Butterfield (D-NC) said at his swearing in ceremony Tuesday that the group will focus on criminal justice reform this session. "Thjere is a well-founded mistrust between the African American community and law enforcement officers," Butterfield said. "The statistics are clear. Video clips are clear. We recognize that the overwhelming majority of law enforcement officers put their lives on the line every day to protect our communities. Unfortunately, there are some officers who abuse the sacred responsibility to protect and serve by using excessive and sometimes deadly force when a less severe response is warranted. The CBC will seek legislative action to reverse this terrible trend." The caucus will also work to reform sentencing laws, he said.
At White House, Obama Pledges to Support Mexico in Fight Against Drug Violence. Meeting with Mexican President Enrique Peña Nieto Tuesday, President Obama said the US will stand alongside Mexico as a "good partner" in its fight against violent drug traffickers and related problems. "Our commitment is to be a friend and supporter of Mexico in its efforts to eliminate the scourge of violence and drug cartels that are responsible for so many tragedies inside of Mexico," he said. Despite calls from groups such as Human Rights Watch and the Center for International Policy's America's Program for the US to hold Mexico's feet to the fire over human rights violations, corruption, and impunity, Obama did not publicly address those issues.