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Chronicle AM: US Lawmakers Rip Duterte; Kamala Harris, Rand Paul File Bail Reform Bill, More... (7/21/17)

Fri, 07/21/2017 - 20:51

A congressional panel ripped into Philippines President Duterte and his bloody drug war Thursday, Kamala Harris and Rand Paul file a bail reform bill, a South Carolina Republican congressman files a bill to allow drug testing of unemployment applicants, and more.

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

Maine House Approves Bill Requiring Marijuana Be Tested for Safety. The House on Thursday overwhelmingly approved a bill that would require the state Agriculture Department to set up testing facilities for marijuana before it could be sold. This is the first bill from a special select committee of legislators charged with creating a regulatory regime for legal pot. It goes against the wishes of Gov. Paul LePage (R), who wants the Bureau of Alcoholic Beverages and Lottery Operations to be in charge of all legal marijuana regulations.

Criminal Justice

US Sens. Kamala Harris, Rand Paul File Federal Bail Reform Bill. Sens. Kamala Harris (D-CA) and Rand Paul (R-KY) filed the Pretrial Integrity and Safety Act of 2017 on Thursday. The purpose of the bill is "to encourage states to reform or replace the practice of money bail, the requirement that individuals awaiting trial remain in jail unless they pay for their release." Without being able to make bail, people charged—but not convicted—with a crime can spend weeks or months behind bars, with devastating consequences for employment, finances, and families. The bill is not yet available on the congressional website.

Drug Testing

South Carolina Rep Files Federal Unemployment Drug Testing Bill. US Rep. Buddy Carter (R-SC) filed a bill on Thursday that would let states screen unemployment applications for drug use and force them to undergo drug testing in some circumstances. The bill would deny unemployment benefits for 30 days to anyone testing positive for drug use, and a second positive drug test would result in a year-long ban. The bill is not yet available on the congressional website.

International

US Lawmakers Rip Philippines Drug War Abuses. At a hearing of the Congress's Tom Lantos Human Rights Commission on Thursday, American lawmakers ripped into Philippines President Rodrigo Duterte over drug war abuses, including the killing of thousands of drug suspects, and called on President Trump to condemn Duterte—and to rescind an invitation to visit the White House. Rep. Jackie Speier (D-CA) said she was "troubled" by the invite, while Rep. Jim McGovern (D-MA) said he would "lead the protest" if Duterte shows up. "President Duterte, by all accounts, seems to not have a high regard for human rights," McGovern said. "The United States government cannot afford any degree of complicity with the kinds of human rights violations that are occurring," he said. "No other country – I repeat that, 'no other country' – comes to mind where people are assassinated on the streets in the name of fighting drugs, and leaders brag about it as a good thing," he added.

UN Says Bolivia Coca Cultivation on the Rise. The UN Office on Drugs and Crime (UNODC) has expressed concern about what it says is a 14% increase in land under coca cultivation. "This increase is a concern for us," said UN Drugs and Crime Representative of Bolivia, Antonio De Leo.  Bolivian President Evo Morales expressed regret at the report, but noted that much more illicit coca is being grown in Colombia and Peru.

Categories: Marijuana

Chronicle AM: MA Legal MJ Bill Heads to Gov, DOJ Restarts Forfeiture Sharing, More .... (7/20/17)

Thu, 07/20/2017 - 20:01

Massachusetts lawmakers approve the legal marijuana bill, the Justice Department officially resurrects "adoptive sharing" for asset forfeitures, Gallup says more Americans have smoked pot than ever, and more.

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

Gallup Poll Has Number Who Say They've Used Marijuana at All-Time High. Some 45% of American adults have tried marijuana, according to Gallup. That's an all-time high, and it's more than ten times the number (4%) who admitted smoking pot in 1969, the first year Gallup asked the question. About 12% said they currently use marijuana.

Massachusetts Legislature Approves Compromise Legalization Bill. The House and Senate both approved a compromise measure to implement marijuana legalization Wednesday. House Bill 3818 now heads to the desk of Gov. Charlie Baker (R), who is expected to sign it. The bill increases taxes from 12% to up to 20%, and would allow authorities in localities that didn't vote in favor of the legalization initiative to ban pot businesses without a popular vote.

Medical Marijuana

Texas Bid to Expand Medical Marijuana Defeated. An effort to expand medical marijuana in the state was stopped by the House State Affairs Committee Wednesday. Rep. David Knoll (R) had tried to add an amendment to a special session bill authorizing the Texas Medical Board and other agencies, but the amendment never got enough support to come up for a vote.

Asset Forfeiture

Justice Department Brings Back Aggressive Asset Forfeiture Policy. As Attorney General Sessions vowed earlier this week, the Justice Department on Wednesday formally unrolled a revamped "adoptive forfeiture" policy that will allow state and local law enforcement agencies to hand drug cases over to the feds to ensure that the cops get the great bulk -- 80% -- of the proceeds from seizures, in many cases doing an end-run around state asset forfeiture law. The program was halted by then-Attorney General Eric Holder in 2015 after a rising outcry over abuses. The move was praised by law enforcement but criticized by civil rights groups and even some members of Congress.

Heroin and Prescription Opioids

Rhode Island Governor Signs Package of Bills to Fight Opioid Epidemic. Gov. Gina Raimondo (D) Wednesday signed into law three bills aimed at the state's opioid problem. One allows law enforcement to access an electronic prescription database without a warrant, one requires doctors to discuss the risks of addiction with patients when prescribing opioids, and one expands the kind of drugs that can be electronically prescribed. "Every Rhode Island community has been touched by this crisis, and I'll take every step I can to fight back," Raimondo said in a signing statement.

Harm Reduction

California Safe Injection Site Bill Awaits Senate Floor Vote. A bill that would allow supervised injection sites in the state has already passed the Assembly and has now been approved by both the Senate Health Committee and the Public Safety Committee. Assembly Bill 186, sponsored by Assemblywoman Susan Talamantes Eggman (D-Stockton) now awaits a Senate floor vote. If the bill passes, it will go back to the Assembly for concurrence, and then to Governor Jerry Brown's desk.

Categories: Marijuana

Medical Marijuana Update

Wed, 07/19/2017 - 21:10

A measure that would allow VA docs to issue medical marijuana recommendations advanced in the Senate, Massachusetts' highest court rules in favor of a worker fired for using medical marijuana, and more.

[image:1 align:left]National

Last Thursday, a Senate panel approved medical marijuana for veterans. The Senate Appropriations Committee voted to adopt an amendment that would allow military veterans to get medical marijuana recommendations through the Department of Veterans Affairs. The bipartisan measure picked up four more votes than last year, when it was approved by the full House, but killed in conference committee.

Massachusetts

On Monday, the state's high court ruled for a woman fired for using medical marijuana. The state Supreme Judicial Court ruled that a woman fired after testing positively for legally recommended medical marijuana can sue her former employer for handicap discrimination. The employer had argued that the use shouldn't be allowed because marijuana remains illegal under federal law, but the high court disagreed. If a doctor concludes medical marijuana is the most effective treatment for a debilitating condition, "an exception to an employer's drug policy to permit its use is a facially reasonable accommodation" and "the fact that the employee's possession of medical marijuana is in violation of federal law does not make it per se unreasonable as an accommodation."

Nevada

On Sunday, medical marijuana patients complained of higher prices after recreational sales began. Medical marijuana patients are complaining of "price gouging" in the wake of the advent of legal recreational marijuana sales in the state. "Our prices have almost doubled in some places," patient Emily Wilson said. Some patients are reportedly resorting to the black market because of high legal prices.

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

Categories: Marijuana

Chronicle AM: Uruguay Marijuana Pharmacy Sales Begin, DPA Names New Chief, More... (7/19/17)

Wed, 07/19/2017 - 20:55

All New England states have now either decriminalized or legalized marijuana, the Drug Policy Alliance names a new head, Uruguay begins legal pot sales at pharmacies, and more.

[image:1 align:left]Marijuana Policy

Massachusetts Legalization Implementation Bill Could Go to Governor This Week. Legislative leaders defended their compromise pot bill, House Bill 3818, Wednesday, and votes on the bill could come at any time. The measure is expected to pass the legislature and then head to the desk of Gov. Charlie Baker (R), who is expected to sign it. The bill increases taxes from 12% to up to 20%, and would allow authorities in localities that didn't vote in favor of the legalization initiative to ban pot businesses without a popular vote.

New Hampshire Governor Signs Decriminalization Bill. Gov. Chris Sununu (R) has signed into law House Bill 640, which eliminates criminal penalties for the possession of up to three-quarters of an ounce of marijuana. Instead of jail time, violators will face a $100 fine for a first offense, $200 for a second, and $350 for a third offense within three years of the original offense. With the state now adopting decriminalization, all of New England has now either legalized or decriminalized marijuana possession.

Drug Policy

Drug Policy Alliance Names New Executive Director. The Drug Policy Alliance (DPA), the nation's most powerful drug reform organization, has selected a replacement for founder and long-time executive director Ethan Nadelmann, who stepped down earlier this year.The DPA board of directors announced Tuesday it had voted unanimously to appoint Maria McFarland Sánchez-Moreno as Nadelmann's successor. McFarland Sánchez-Moreno is moving over from Human Rights Watch, where for the past 13 years she served as Co-Director of the US Program, where she picked up plenty of domestic and international drug policy experience. She also pushed for the group to more directly take on the war on drugs as a human rights issue, and as a result, Human Rights Watch became the first major international human rights organization to call for drug decriminalization and global drug reform.

International

Uruguay Legal Marijuana Sales in Pharmacies Get Underway. Pharmacists in Uruguay began selling marijuana to customers Wednesday, the last step in a pioneering national legalization process that began more than three years ago. Uruguay is the first country in the world to completely legalize marijuana for recreational use. Canada is set to be next.

Categories: Marijuana

Chronicle AM: MA Solons Reach Legalization Accord, Sessions Wants More Forfeiture, More... (7/18/17)

Tue, 07/18/2017 - 17:54

Bay state lawmakers come together on implementing marijuana legalization, Jeff Sessions signals a ramped up asset forfeiture effort, DanceSafe is offering fentanly test strips, and more.

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

Massachusetts Lawmakers Reach Agreement on Legalization Implementation Bill. Lawmakers announced Monday they had agreed on a rewrite of the state's voter-approved marijuana legalization law. Under the deal, taxes on pot could reach 20% (up from the 12% approved by the voters, down from the 28% proposed by the House). The measure, House Bill 3818, also addresses the issue of local control by requiring jurisdictions where a majority voted for the initiative to hold a popular vote before banning marijuana businesses; jurisdictions that didn't favor the initiative could ban such businesses without a popular vote.

Pennsylvania Auditor General Renews Call for Legalization. Auditor General Eugene DePascuale (D) came out in support of marijuana legalization earlier this year, and he was at it again this week. Now, he's arguing that legalization could help in fighting the opioid epidemic."So the connection I'm drawing there is: there are times when there are going to be people who will smoke marijuana as a way to reduce their pain," DePasquale said. "The ideal would be for nobody to have any pain, but that's not reality. In many instances, marijuana is a much safer alternative than opioids."

San Francisco Creates Office of Cannabis for Pot Businesses. The city has taken initial steps to create a new Office of Cannabis to handle marijuana permits and complaints and serve as a clearinghouse for the public and pot businesses. It will be responsible for creating and managing the permitting process for all pot businesses, as well as providing policy analysis and serving as the main point of contact for businesses, state regulators, and the public.

Asset Forfeiture

Attorney General Sessions Wants to Ramp Up Asset Forfeiture in Drug Cases. Attorney General Jeff Sessions said on Monday that the Dept. of Justice will seek to increase the use of asset forfeiture by state and local police forces. Sessions said in prepared remarks for the National District Attorney's Association meeting, "We hope to issue this week a new directive on asset forfeiture -- especially for drug traffickers. With care and professionalism, we plan to develop policies to increase forfeitures. No criminal should be allowed to keep the proceeds of their crime."

Harm Reduction

DanceSafe is Now Offering Fentanyl Test Strips. The rave culture-oriented harm reduction group has studies various fentanyl detection strips and found that one offered by Canadian company BTNX was most effective at detecting the synthetic opioid and its analogues. It is now offering those strips for sale via its website. Click on the link for complete information.

Categories: Marijuana

Chronicle AM: Houston Cops Drop Faulty Field Drug Tests, AK Pot Clubs Coming, More... (7/17/17)

Mon, 07/17/2017 - 20:45

Houston police will quit using faulty field drug tests that sent hundreds of innocents to jail, a Colorado appeals court rules a drug dog alert on marijuana in a vehicle is not sufficient grounds for a vehicle search, the Massachusetts high court sides with an employee fired for medical marijuana use, and more.

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

Alaska Regulators Advance Social Consumption Proposal. At its meeting last week, the state Marijuana Control Board voted 3-2 to approve draft rules for on-site marijuana consumption at retail outlets. Now there will be a 60-day public comment period before the rules come back to the board, most likely at its November meeting.

Colorado Appeals Court Rules Marijuana Scent Not Enough to Search Vehicle. An appeals court ruled last Thursday that a drug dog's detection of the scent of marijuana in a vehicle does not give police the authority to search the vehicle. "Because Amendment 64 legalized possession for personal use of one ounce or less of marijuana by persons 21 years of age or older in Colorado, it is no longer accurate to say, at least as a matter of state law, that an alert by a dog which can detect marijuana -- but not specific amounts -- can reveal only the presence of "contraband,'" he wrote.

Medical Marijuana

Massachusetts High Court Rules for Woman Fired for Using Medical Marijuana. The state Supreme Judicial Court ruled Monday that a woman fired after testing positively for legally recommended medical marijuana can sue her former employer for handicap discrimination. The employer had argued that the use shouldn't be allowed because marijuana remains illegal under federal law, but the high court disagreed. If a doctor concludes medical marijuana is the most effective treatment for a debilitating condition, "an exception to an employer's drug policy to permit its use is a facially reasonable accommodation" and "the fact that the employee's possession of medical marijuana is in violation of federal law does not make it per se unreasonable as an accommodation."

Nevada Medical Marijuana Patients Facing Higher Prices With Legalization. Medical marijuana patients are complaining of "price gouging" in the wake of the advent of legal recreational marijuana sales in the state. "Our prices have almost doubled in some places," patient Emily Wilson said. Some patients are reportedly resorting to the black market because of high legal prices.

Drug Testing

Houston Cops End Use of Field Drug Tests That Sent Innocent People to Jail. Police in the nation's fourth largest city have ended the use of $2 chemical field drug tests, whose use have led to hundreds of wrongful convictions in recent years. Police announced the move as an officer safety measure in the face of dangerous new drugs, but did not mention the faulty tests' role in the recent scandal over convictions based on false positives.

Categories: Marijuana

Chronicle AM: Dark Web Drug Sales Site AlphaBay Busted, Owner Kills Self in Jail, More... (7/14/17)

Fri, 07/14/2017 - 19:46

AlphaBay is history, Nevada moves to ease its legal pot shortage, the White House opioid commission misses a deadline -- again -- and more.

[image:1 align:right]Marijuana Policy

Nevada Regulators Approve Emergency Measures to Ease Pot Shortage. The state Tax Commission voted Thursday to let the Department of Taxation to again determine whether limiting marijuana transport licenses to licensed alcohol distributors would result in a shortage of legal marijuana distributors. If the department does make that determination, it could then award transport licenses to previous medical marijuana distributors. "When businesses operate we get the tax revenue and that's what the state wants," testified Deonne Contine, director of the Department of Taxation. "We need to do everything we can to get more distributors licensed so these businesses can continue operating."

Industrial Hemp

Utah Regulators Give Initial Approval for Hemp Research Grows. The state Agricultural Advisory Board on Thursday gave initial approval to a new rule that would allow limited marijuana cultivation for research purposes. The rule would allow anyone with a permit to grow industrial hemp. State universities are already able to cultivate hemp for research purposes under the 2014 federal Farm Bill, but this rule now expands who can grow the plant. The rule is open for public review through the summer and if finalized, would allow the state to begin issuing permits next January.

Heroin and Prescription Opioids

White House Opioid Commission Again Misses Deadline. The president's Commission on Combating Drug Addiction and the Opioid Crisis, led by New Jersey Gov. Chris Christie (R), will miss a second deadline for filing an interim report. Under a Trump executive order establishing the commission, the panel had until June 27 to file its interim report, but failed to do so and said it would on July 17. Now, in a notice printed in the Federal Register Friday, the commission said it would reschedule its July 17 call until July 31, again missing its deadline. The commission has until October 1 to issue a final report.

Law Enforcement

Dark Web Giant AlphaBay Busted, Owner Hangs Himself in Thai Jail. AlphaBay, one of the largest drug sales websites on the Dark Web, has gone dark. It wasn't, as some suspected, a scam and rip-off by the owners, but the result of a joint law enforcement operation by police in Canada, the US, and Thailand. Canadian citizen Alexandre Cazes, identified as AlphaBay's owner, was arrested July 5 in Thailand, where he owned three luxurious homes. He was found hanged in a Thai jail cell Wednesday.

Categories: Marijuana

Chronicle AM: Vets MedMJ Vets Advances in Senate, Drug War Bill Advances in House, More... (7/13/15)

Thu, 07/13/2017 - 20:10

Congress is dealing with medical marijuana and drug policy issues, legalization advocates call on New Hampshire's governor to kill a marijuana study commission bill, Rhode Island's governor issues an executive order dealing with the state's opioid crisis, and more.

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

Alaska's Largest City Wants Social Consumption at Pot Shops. The Anchorage Assembly on Tuesday urged the state Marijuana Control Board to allow tourists and locals to smoke or otherwise consume marijuana at retail stores. The move comes as the board is set to meet in Fairbank later this week. The board is expected to examine several proposals related to consumption in pot shops at that meeting.

Montana Man Challenges State's Standard for Marijuana DUIs. A Billings man facing a vehicular manslaughter charge for an accident while he was allegedly under the influence of marijuana is challenging the state's de jure standard of 5 nanograms of THC per milliliter of blood. Kent Roderick Jensen and his attorney argue that the standard is arbitrary and the charge should be dismissed. "There is no science to back up the 5 ng/mL level as a level that indicates impairment in a sizable enough portion of users to make it a standard for everyone," his attorney wrote in a motion seeking dismissal. The judge in the case has heard oral arguments and received written briefs, but has yet to make a decision.

New Hampshire Governor Should Veto Marijuana Study Commission, Reform Advocates Say. Advocates sent a letter to Gov. Chris Sununu (R) asking him to veto House Bill 215, a bill that would create a study commission to consider marijuana legalization and regulation. The letter, which was signed by leading advocates including the bill's prime sponsor, Rep. Renny Cushing (D-Hampton), notes that, "The commission envisioned by the final bill includes numerous vocal opponents, such as the Association of Chiefs of Police and New Futures, but it does not include any known supporters." The House version of the bill included a representative of the American Civil Liberties Union of New Hampshire and a representative from the Marijuana Policy Project, which would have added some balance to the commission, but the Senate removed those prospective members from the bill.

Wisconsin Lawmaker Files Legalization Bill. Rep. Melissa Sargent (D-Madison) on Thursday announced she would file a marijuana legalization bill. There are no details on it yet. This would be the fourth time she has filed a similar bill.

Medical Marijuana

US Senate Panel Approves Medical Marijuana for Veterans. The Senate Appropriations Committee voted on Thursday to adopt an amendment that would allow military veterans to get medical marijuana recommendations through the Department of Veterans Affairs. The bipartisan measure picked up four more votes than last year in the committee. Then, it was approved by the full House, but killed in conference committee.

Heroin and Prescription Opioids

Rhode Island Governor Signs Executive Order Dealing With Opioid Crisis. Gov. Gina Raimondo (D) was joined by White House acting drug czar Richard Baum on Thursday as she signed an executive order aimed at curbing the "alarming rate of deaths" due to opioid overdoses. The 18-point order includes directives calling for a family task force on impacts of opioid use, expanded access to "sober" homes for people in recovery, and the creation of diversion programs to keep people out of the criminal justice system, among others.

Drug Policy

House Judiciary Committee Approves Bill that Gives Attorney General Sessions Unchecked Power to Ban New Drugs and Set Criminal Penalties. The committee on Wednesday advanced legislation that greatly expands the penalties for new drugs and gives Attorney General Sessions unilateral new powers to schedule drugs. Opponents warned that the legislation is a counterproductive approach to the opioid crisis that will exacerbate mass incarceration and enable Attorney General Sessions to ban hundreds of substances and prosecute people with long federal prison terms in violation of the new drug laws. The measure is House Resolution 2851, the "Stop the Importation and Trafficking of Synthetic Analogues Act of 2017," or "SITSA."

International

Colombia's Coca Crop Substitution Program Faces Same Old Obstacles, Report Finds. A new report from the Colombian Ideas for Peace Foundation casts doubt on the government's ability to eradicate 250,000 acres of coca plantings, saying a vacuum left by the demobilization of leftist FARC guerrillas has not been filled by the state, but is instead being filled by illegal armed drug trafficking groups and paramilitary formations. That means the state is not providing adequate security measures and sustainable alternatives in areas historically hit hardest by decades of armed conflict.

Categories: Marijuana

Medical Marijuana Update

Wed, 07/12/2017 - 19:27

Florida gets sued over its "no smoking" medical marijuana law, Maryland gets its first dispensary approved, West Virginia's medical marijuana law goes into effect, and more.

[image:1 align:right]Florida

Last Thursday, the state was sued over the no smoking provision in the medical marijuana law. Orlando attorney John Morgan, the mastermind and chief funder of the state's voter-approved medical marijuana law, filed a lawsuit challenging a legislative ban on smoking medical marijuana. He is asking the courts to throw out the implementing law, saying legislators are violating the will of the voters by altering the constitutional amendment they approved last November. "Inhalation is a medically effective and efficient way to deliver Tetrahydrocannabinol (THC), and other cannabinoids, to the bloodstream," the lawsuit argues. "By redefining the constitutionally defined term 'medical use' to exclude smoking, the Legislature substitutes its medical judgment for that of 'a licensed Florida physician' and is in direct conflict with the specifically articulated Constitutional process."

Maryland

Last Wednesday, regulators approved the state's first dispensary. The Maryland Medical Cannabis Commission approved a dispensary license for the Wellness Institute of Maryland in Frederick on Wednesday. The store began seeing patients Thursday for "pre-orders," but won't actually have a crop to harvest for several months.

Last Thursday, the governor overhauled the medical marijuana commission. Gov. Larry Hogan (R) on Thursday overhauled the commission, which had come under fire for its launch of the state's medical marijuana program. He replaced six members whose terms on the 16-member panel had expired and filled three vacancies. The new appointments doubled the number of minority commissioners from two to four, responding to calls from the Legislative Black Caucus and others to create more diversity in the program.

North Dakota

Last Friday, the state sought letters of intent from prospective growers and dispensaries. The Health Department last asked prospective medical marijuana growers and dispensary operators to send in letters of intent to apply under the state's new medical marijuana law. The department said it wants a better idea of how many applications it will receive in coming months. Interested parties have until July 28 to send in their letters.

Puerto Rico

On Sunday, the governor signed a medical marijuana bill into law. Gov. Ricardo Rosello, a former biomedical engineer, signed into law a bill that legalizes and regulates medical marijuana in the US territory. The move comes after Rossello criticized an earlier executive order allowing medical marijuana as insufficient. "As a scientist, I know firsthand the impact that medicinal cannabis has had on patients with various diseases," he said. "The time has come for Puerto Rico to join the flow of countries and states that have created similar legislation."

West Virginia

Last Wednesday, the state's medical marijuana law went into effect. The state's Medical Cannabis Act is now in effect, but it could still be months or years before Mountain State patients are able to medicate with marijuana. But now an advisor board has been appointed to create a regulatory framework for medical marijuana regulations, and it could be 2019 before patients are able to legally purchase their medicine.

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

Categories: Marijuana

Chronicle AM: CT Ends Civil Forfeiture, Sessions Calls for More Drug War (Again), More... (7/12/17)

Wed, 07/12/2017 - 19:20

Connecticut has become the 14th state to end civil asset forfeiture, Nevada's state government is moving to ease a potential marijuana shortage, Jeff Sessions gives another drug war speech, and more.

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

Massachusetts Governor Says Deal on Legalization Close. Gov. Charlie Baker (R) said Thursday lawmakers are close to reaching a deal on a bill that will regulate legal marijuana in the state. The House had favored a 28% tax and allowing localities to ban pot businesses without a popular vote, while the Senate held to the 12% tax included in the voter-approved legalization initiative and wouldn't allow pot shop bans without a popular vote. "I'm told there are only a couple minor things that are outstanding. I hope they get them done because if they don't get them done, I think at some point, we're going to have to go forward with the law as it was written," said Baker.

Nevada Regulators Set to Approve Emergency Regs to Avoid Pot Shortage.State tax officials are set to vote Thursday on an emergency regulation that they hope will allow marijuana stores to avoid running out of supply. The regulation would allow the state to issue distribution licenses that are currently being held up by a legal challenge from liquor distributors, who want a cut of the action. Because of heavy demand since legal sales started July 1, some shops are "running on fumes," said Nevada Dispensary Association President Andrew Jolley.

Asset Forfeiture

Connecticut Governor Signs Bill Ending Civil Asset Forfeiture. Gov. Dannel Malloy (D) on Monday signed into law House Bill 7146, which ends property or cash seizures in the state without a criminal conviction. Connecticut becomes the 14th state to require a criminal conviction in most or all forfeiture cases.

Drug Policy

Attorney General Sessions Again Attacks Drug, Sentencing Reforms. In a speech at the Drug Abuse Resistance Education (DARE) training conference in Dallas on Tuesday, Attorney General Jeff Sessions called the country's drug problem "unprecedented" and generally blamed it on Obama-era sentencing reforms that led prosecutors "not to charge the most serious offenses." Sessions said a new Justice Department police directing prosecutors to seek mandatory minimum sentences was the way to go. "We are going to trust our prosecutors again," Sessions said Tuesday. "This policy empowers trust in professionals to apply the law fairly and exercise discretion when appropriate."

Categories: Marijuana

Chronicle AM: MI Init Signatures Coming Fast, OR Decriminalizes Drug Possession, More... (7/11/17)

Tue, 07/11/2017 - 20:10

Michigan legalizers are fast off the mark in their initiative signature-gathering campaign, the Drug Policy Alliance and 30 groups call for drug decriminalization, Oregon is set to defelonize drug possession, and more.

[image:1 align:left]Marijuana Policy

Michigan Initiative Campaign Already Has 100,000 Raw Signatures. The Coalition to Regulate Marijuana Like Alcohol, which wants to put a legalization initiative on the November 2018 ballot, announced Monday that signature gathering was ahead of schedule and that the group had already passed the 100,000 mark. To qualify for the ballot, the group must collect 252,523 valid voter signatures within a six-month period. They began signature gathering in late May.

DC Public Use Marijuana Arrests Tripled Last Year. More than 400 people were arrested in the nation's capital last year for publicly using marijuana, a nearly three-fold jump over the 142 arrested in 2015. And this year so far the pace of arrests remains steady. Some advocates criticized the increase in arrests, with Adam Eidinger, the man behind DC's legalization law, saying the right to smoke marijuana in the District is effectively reserved for "those who own private property," with renters, residents of public housing, and visitors out of luck. "A lot of it is people not realizing they can't smoke in public," he said of the increase in arrests. "A lot of it is people who have no place else to go."

Medical Marijuana

Puerto Rico Governor Signs Medical Marijuana Bill. Gov. Ricardo Rosello, a former biomedical engineer, on Sunday signed into law a bill that legalizes and regulates medical marijuana in the US territory. The move comes after Rossello criticized an earlier executive order allowing medical marijuana as insufficient. "As a scientist, I know firsthand the impact that medicinal cannabis has had on patients with various diseases," he said. "The time has come for Puerto Rico to join the flow of countries and states that have created similar legislation."

Drug Policy

Drug Policy Alliance Report Calls for US Drug Decriminalization. In a new report endorsed by more than 30 organizations, the Drug Policy Alliance is calling for the end of arresting people simply for using or possessing drugs. "Our current laws have branded tens of millions of people with a lifelong criminal record that makes it hard to get a job or an apartment," said Art Way, senior director of national criminal justice strategy at the Drug Policy Alliance. "The experience of the last few decades shows that criminalization has been utterly ineffective in reducing problematic drug use."

Sentencing

Oregon Defelonizes Drug Possession. The state legislature has approved House Bill 2355, which makes simple possession of drugs such as heroin, MDMA, and meth a misdemeanor punishable by no more than a year in jail. Under current law, drug possession is a felony punishable by up to 10 years in prison. The bill also includes a provision aimed at reducing racial profiling by police. The legislature also approved House Bill 3079, which reduces penalties for property crimes often related to problematic drug use. Gov. Kate Brown (D) is expected to sign the bills into law shortly.

Categories: Marijuana

Chronicle AM: MA MJ Talks Resume, WI "Cocaine Mom" Law Back in Effect (For Now), More... (7/10/17)

Mon, 07/10/2017 - 19:52

Massachusetts lawmakers finally figured out their budget, so now maybe they can figure out how to implement the will of the voters on legal pot; the Supreme Court lets Wisconsin continue to enforce its "cocaine mom" law as the state appeals a lower court ruling it's unconstitutional; Colombian coca cultivation was way up last year, and more.

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

Massachusetts Lawmakers Resume Talks on Implementing Legalization. A House-Senate conference committee was set for a closed door meeting Monday afternoon to restart negotiations over legislation that would implement the state's voter-approved marijuana legalization law. House and Senate negotiators are split over a number of issues, foremost among them taxation rates and whether localities can ban pot businesses without a popular vote.

Medical Marijuana

North Dakota Seeks Letters of Intent from Prospective Growers and Dispensaries. The Health Department last Friday asked prospective medical marijuana growers and dispensary operators to send in letters of intent to apply under the state's new medical marijuana law. The department said it wants a better idea of how many applications it will receive in coming months. Interested parties have until July 28 to send in their letters.

Drug Policy

US Supreme Court Lets Wisconsin "Cocaine Mom" Law Stay in Effect Pending Appeal. The Supreme Court last Friday issued an order lifting an injunction against Wisconsin's "cocaine mom" law imposed in April. The law allows state officials to detain pregnant women suspected of using drugs or alcohol. A federal district court judge ruled the law unconstitutionally vague and issued the injunction, but now the Supreme Court will allow the state to continue to use the law while it appeals the lower court ruling.

Sentencing

Report: Some Federal Prosecutors Ignored Obama Sentencing Recommendations. A report from the Justice Department's Office of the Inspector General released last Friday finds that at least 20 of the country's 94 federal prosecutorial districts did not follow Obama administration "Smart on Crime" sentencing recommendations aimed at reducing the number of mandatory minimum sentences for drug offenses. Still, the report noted, the initiative had an impact: Drug offenders sentenced without mandatory minimum sentences increased from 40% in 2014 to 54% in 2015.

International

UN Says Colombia Coca Cultivation Increased Dramatically Last Year. The UN Office on Drugs and Crime reports that the amount of land under coca cultivation jumped from 250,000 acres in 2015 to 363,000 acres last year, an increase of nearly 50%. The UNODC notes that most of the increase came in areas that had been under the control of the now demobilized FARC guerrillas. The Colombian military failed to take effective control of those areas, leaving a power vacuum filled by dissident guerrilla groups, rightist paramilitaries, and drug trafficking organizations.

Categories: Marijuana

Chronicle AM: Drug Warriors Push Back on Sentencing Criticisms, Mexico Violence, More... (7/7/17)

Fri, 07/07/2017 - 18:59

There's medical marijuana news from Maryland, drug warriors defend Sessions' harsh sentencing approach, Mexico's prohibition-related violence is ticking upward, and more.

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

Maryland Regulators Approve First Dispensary. The Maryland Medical Cannabis Commission approved a dispensary license for the Wellness Institute of Maryland in Frederick on Wednesday. The store began seeing patients Thursday for "pre-orders," but won't actually have a crop to harvest for several months.

Maryland Governor Overhauls Medical Cannabis Commission. Gov. Larry Hogan (R) on Thursday overhauled the commission, which had come under fire for its launch of the state's medical marijuana program. He replaced six members whose terms on the 16-member panel had expired and filled three vacancies. The new appointments doubled the number of minority commissioners from two to four, responding to calls from the Legislative Black Caucus and others to create more diversity in the program.

Sentencing

Drug Warriors Defend Sessions' Hard Line on Drug Sentencing. The heads of professional groupings committed to punitive, prohibitionist drug policies penned an op-ed Wednesday defending Attorney General Sessions' return to harsh sentencing practices and charging that Obama administration efforts to reduce drug sentences had left "a devastating mark downstream on the safety of communities across the nation." The piece was a direct response to an op-ed last month by former Assistant Attorney General Sally Yates, who noted that violent crimes rates are still at historic lows and accused Sessions of "stoking fear" with an argument that "just isn't supported by the facts."

International

Cartel Clashes in Northern Mexico Leave 26 Dead. At least 26 people were killed in a predawn gun battle between warring cartels Wednesday in Las Varas, Chihuahua, as members of La Linea squared off against a Sinaloa cartel faction. The violence in Chihuahua comes just days after a firefight with police near the resort town of Mazatlan, Sinaloa, left 19 suspected cartel members dead. Violence is surging in Mexico, with 2,186 homicide investigations opened in May, the most in any month since the government began publishing homicide statistics in the 1990s.

Honduras Destroys First Coca Crop. Honduran Army units on Friday destroyed a coca plantation containing 12,000 plants near the town of Esquipulas del Norte in Olancho province, marking the first time a coca crop had been found and eradicated in the country. Authorities had discovered the planting in late April. They also found a crude coca processing lab nearby and are investigating "the possible involvement of foreigners."

Categories: Marijuana

Chronicle AM: Canada Expanding Safe Injection Sites, FL Sued Over MedMJ Smoke Ban, More... (7/6/17)

Thu, 07/06/2017 - 20:47

Canada is expanding the use of safe injection sites, the man behind Florida's successful medical marijuana constitutional amendment is suing the state over a smoking ban enacted by lawmakers, Massachusetts lawmakers continue to struggle with how to implement marijuana legalization, and more.

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

Massachusetts House Speaker Wants Marijuana Talks Suspended Until Budget is Passed. Legislators locked in a battle over how to implement the state's voter-approved pot legalization law are being told to put the issue on hold until solons can get a budget passed. House Speaker Roberto DeLeo (D), whose chamber is backing a plan that radically increases taxes and would allow localities to ban marijuana businesses without a popular vote, called Wednesday for setting the issue aside to take on the budget. But Senate President Stan Rosenberg (D) countered that the Senate could work on both bills and that "mischief makers are once again at work."

Nevada Opening Pot Sales Exceed Store Owners' Expectations. Legal marijuana sales that began just after midnight Saturday have exceeded the expectations of pot shop operators. Long lines formed in the wee hours Saturday morning, and shops are continuing to report heavy interest, with lines forming again before shops opened for business on Monday. "I'm very happy with the way sales have gone and continue to go, especially when you consider that the word didn't really get out ahead of time," Andrew Jolley, president of the Nevada Dispensary Association and a store owner told Leafly. "The public really only had a couple of weeks' notice, whereas Colorado had a full year to prepare."

Medical Marijuana

Florida Sued Over No Smoking Provision in Medical Marijuana Law. Orlando attorney John Morgan, the mastermind and chief funder of the state's voter-approved medical marijuana law, filed a lawsuit Thursday challenging a legislative ban on smoking medical marijuana. He is asking the courts to throw out the implementing law, saying legislators violated the will of the voters by altering the constitutional amendment they approved last November. "Inhalation is a medically effective and efficient way to deliver Tetrahydrocannabinol (THC), and other cannabinoids, to the bloodstream," the lawsuit argues. "By redefining the constitutionally defined term 'medical use' to exclude smoking, the Legislature substitutes its medical judgment for that of 'a licensed Florida physician' and is in direct conflict with the specifically articulated Constitutional process."

West Virginia Medical Marijuana Law Now in Effect. The state's Medical Cannabis Act went into effect Wednesday, but it could still be months or years before Mountain State patients are able to medicate with marijuana. But now an advisory board has been appointed to create a regulatory framework for medical marijuana regulations, and it could be 2019 before patients are able to legally purchase their medicine.

Drug Testing

Colorado Employers Begin to Walk Away from Testing for Marijuana. Changing social attitudes and a tight labor market are pushing employers in the state to drop screenings for marijuana from pre-employment drug tests, said a spokesman for the Mountain States Employers Council. "We're finding that for employers, it's such a tight labor market, that they can't always afford to have a zero-tolerance approach to somebody's off-duty marijuana use, Curtis Graves told Colorado Public Radio.

Harm Reduction

Mississippi Law Easing Naloxone Access Now in Effect. As of July 1, health care providers can write "standing prescriptions" for the opioid overdose reversal drug for family members of people strung out on opioids. "This will save many lives," said Rep. Tommy Reynolds (D-Water Valley).

International

Canada Expanding Safe Injection Sites. Once there was only InSite, the Vancouver safe injection site under constant assault from the Conservative federal government. But now, the Liberals are in power, and the number of safe injection sites has expanded to seven, including three in Montreal and another in Vancouver. Another Montreal site is set to open soon, and so are three in Toronto, with more than a dozen other potential sites being considered.

Categories: Marijuana

Legal Marijuana is a Job Creation Engine

Wed, 07/05/2017 - 21:19

It's been less than four years since the first legal recreational sales in the United States took place in Colorado, but since then, the US marijuana industry has been creating jobs at rapid pace, and there are now more people employed in the pot industry than there are working in a number of common professions.

[image:1 align:right caption:true]That's according to a new report from the Marijuana Business Daily's Marijuana Business Factbook 2017, which pegged the size of the cannabis labor force at somewhere between 165,000 and 230,000 full- and part-time workers.

That's compared to 169,000 massage therapists, 185,000 bakers, and 201,000 dental hygienists. And marijuana industry workers are on a path to shortly exceed the number of telemarketers (238,000) and pharmacists (297,000).

Granted, the legal marijuana industry begins with a base of several tens of thousands of workers producing and selling medical marijuana products, especially in California, with its loose medical marijuana law, but the boom is being propelled by growth in the recreational market, and that is only set to continue and accelerate as more legal states come online next year, including California, Maine, and Massachusetts. Nevada joined the ranks of the legal pot selling states on July 1.

California's recreational pot market by itself could generate around $5 billion in annual retail sales within a few years, doubling the size of the current legal weed market and creating a massive impact on job creation there.

In arriving at its numbers, Marijuana Business Daily included employment figures for retailers, wholesale growers, edibles and concentrates producers, testing labs, and ancillary firms, such as companies providing legal, marketing, security or other services to marijuana companies. The industry daily used a variety of methodologies, including survey data, on the average number of employees for each kind of company in the business, and that data was then applied to the estimated number of companies in each sector to arrive at final estimates.

One important caveat: The employment numbers mentioned here cover only a fraction of the people involved in the marijuana business -- those involved in the legal marijuana business. Even when California, Maine, and Massachusetts begin legal retail sales next year, the legal pot states will only amount to about one-fifth of the US population, and people are growing and selling marijuana in all the other states, too. From black market growers to clandestine dabs lab workers to cross-country couriers to dorm-room dealers, the number of people making a living in the illegal pot industry undoubtedly still dwarfs the number doing it legally.

Categories: Marijuana

Medical Marijuana Update

Wed, 07/05/2017 - 21:18

The past week has been a quiet one on the medical marijuana front, but Montana instituted emergency regs to get its new program up and running, Pennsylvania announced the issuance of dispensary permits, and more.

[image:1 align:left]Montana

Last Wednesday, the state issued temporary emergency rules for the medical marijuana program. The state health department released "temporary emergency rules" to provide guidance to patients and providers as part of the state's new program went into effect last Friday. The emergency rules clarify how the Department of Public Health and Human Services will regulate possession limits, testing labs, and concentrate makers during the transition period until the full regulatory framework is set, which must happen by April 30, 2018.

Nevada

Last Monday, dispensaries got tough edibles regulations as legal sales loomed. Gov. Brian Sandoval (R) signed a Taxation Department emergency regulation that will impose tougher regulations beginning Saturday, the same day legal recreational pot sales through dispensaries begins. Under the new regulations, edibles can't contain more than 10 milligrams of THC per dose or 100 per package, they can't resemble lollipops or other products marketed to children, they can't look like real or fictional characters or cartoons, and they can't have images of cartoon characters, action figures, toys, balloons or mascots on the packaging.

Pennsylvania

Last Thursday, the Health Department announced it had issued dispensary permits. The Health Department announced it had granted 27 medical marijuana dispensary permits. Each permit holder can open up to three dispensaries. They will be permitted to begin selling medical marijuana in six months. Click on the link for a list of permit recipients.

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

Categories: Marijuana

Chronicle AM: Groups Oppose New Fed Bill, Still no DEA Research Grow Licenses, More... (7/5/17)

Wed, 07/05/2017 - 20:28

Drug reformers and others are trying to stop a bill that would give Attorney General Sessions new powers to criminalize new drugs and craft new penalties, after a year the DEA still hasn't issued any new marijuana research grow licenses, and more.

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

DEA Still Hasn't Issued Any New Marijuana Grower Licenses. Almost a year after the DEA announced it would allow more organizations to produce marijuana for research purposes, it has yet to do so. Although DEA has received 25 applications for research grows, it says it is still processing them and has no estimate for when any applications may be granted. There is increasing demand for research marijuana, as well as for more potent, more diverse, and higher quality marijuana than is being produced by the University of Mississippi under a NIDA monopoly it has enjoyed since 1968.

Massachusetts Lawmakers Get Back to Work on Crafting Legalization Implementation. The legislature missed a self-imposed Friday deadline for reaching agreement on competing legalization implementation bills in the House and Senate and the marijuana conference committee was set to meet today to try to seek agreement. Two big issues of dispute are tax rates and whether localities can ban pot businesses without a popular vote.

Industrial Hemp

West Virginia Joins the Ranks of Legal Hemp States. As of Tuesday, state residents can apply to the agriculture commissioner for a license to grow hemp for commercial purposes. Some growers grew hemp crops last year, but those were licensed research grows. Now, those growers can be licensed as commercial growers, too.

Drug Policy

Dozens of Reform Groups Send Letter to Congress Opposing New Drug War Bill. More than 60 civil rights, human rights, faith, criminal justice, and drug policy reform organization have sent a letter to the House Judiciary Committee opposing House Resolution 2851, the Stop the Importation and Trafficking of Synthetic Analogues Act of 2017. The measure is part of Attorney General Sessions' effort to reenergize the war on drugs and would give him sweeping new powers to schedule new drugs and set corresponding penalties, including new mandatory minimums. Similar legislation by Sens. Grassley and Feinstein has been filed in the Senate.

Categories: Marijuana

Chronicle AM: Catalonia Legalizes Marijuana, Greece Legalizes Medical Marijuana, More... (7/3/17)

Mon, 07/03/2017 - 21:02

Catalonia okays cannabis social clubs, the Greeks give formal final approval to medical marijjuana, a Delaware commission will study pot legalization and report back in January, and more.

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

Delaware Legislature Punts on Legalization, Will Instead Form Study Committee. The General Assembly voted last Saturday to create the Adult Use Cannabis Task Force, to "study adoption of a model for regulation and taxation of adult-use cannabis in Delaware, including local authority and control, consumer safety and substance abuse prevention, packaging and labeling requirements, impaired driving and other criminal law concerns, and taxation, revenue, and banking issues." The 23-member task force will hold a first meeting in September and must report its findings and recommendations to the General Assembly and the governor by January 31, 2018. The move comes in lieu of approving a legalization bill that was filed this year.

Medical Marijuana

Montana Issues Temporary Emergency Rules for Medical Marijuana Program. The state health department released "temporary emergency rules" last week to provide guidance to patients and providers as part of the state's new program went into effect last Friday. The emergency rules clarify how the Department of Public Health and Human Services will regulate possession limits, testing labs, and concentrate makers during the transition period until the full regulatory framework is set, which must happen by April 30, 2018.

International

Spain's Catalonia Legalizes Marijuana. The government of Catalonia has legalized marijuana following a popular petition campaign that forced a government debate. The parliament voted to regulate cannabis consumption clubs and will allow members to grow, consume, and distribute marijuana. Clubs will be limited to producing 330 pounds of dried buds per year and will have rules designed to discourage "drug tourism." Catalonia is an autonomous region within Spain, but the government in Madrid could seek to challenge the legalization move. That could lead to even more tension between Madrid and Catalonia, which plans to vote on an independence referendum on October 1.

Greeks Legalize Medical Marijuana. At a press conference last Friday, Prime Minister Alexis Tsipras made it official: medical marijuana is now legal in Greece. He announced that the Joint Ministerial Decision on the topic was now signed and published. "From now on, the country is turning its page, as Greece is now included in countries where the delivery of medical cannabis to patients in need is legal," he said.

Categories: Marijuana

"Shocks the Conscience": South Dakota Forcibly Catheterizes Three-Year Old in Drug War [FEATURE]

Sun, 07/02/2017 - 22:32

The state of South Dakota is practicing a form of drug war excess tantamount to torture, according to a pair of federal lawsuits filed by the ACLU on June 28. One suit charges that law enforcement and medical personnel subject drug suspects to forcible catheterization if they refuse to submit to a drug test.

[image:1 align:left caption:true] The second suit charges even more outrageous conduct: State social workers and medical personnel subjecting a screaming toddler to the same treatment.

Let's be clear here: We are talking about a person having a plastic tube painfully inserted in his penis without his consent and with the use of whatever physical force is necessary by agents of the state. In the name of enforcing drug laws.

Law enforcement has an incentive to coerce people into consenting to warrantless drug tests -- with the realistic threat of forced catheterization -- because its state laws punish not just possession of drugs, but having used them. Under the state's "internal possession" or "unlawful ingestion" statutes, testing positive for illicit drugs is a criminal offense.

"Forcible catheterization is painful, physically and emotionally damaging, and deeply degrading," said ACLU of South Dakota executive director Heather Smith in a statement announcing the filings. "Catheterization isn't the best way to obtain evidence, but it is absolutely the most humiliating. The authorities ordered the catheterization of our clients to satisfy their own sadistic and authoritarian desires to punish. Subjecting anyone to forcible catheterization, especially a toddler, to collect evidence when there are less intrusive means available, is unconscionable."

In the case of the toddler, the ACLU is suing on behalf of Kirsten Hunter of Pierre and her thee-year-old son. According to the complaint, their ordeal began on February 23, when police arrived to arrest her live-in boyfriend for failing a probationary drug test. Accompanying the cops was Department of Social Services (DSS) caseworker Matt Opbroeck, who informed Hunter that she and her children would have to take drug tests, and that if she failed to agree, her two kids would be seized on the spot.

Under such coercion, Hunter agreed to take herself and her kids to St. Mary's Avera Hospital to be tested the next day. Here, in the dry language of the legal filing, is what happened next:

Ms. Hunter was met by [SMA medical staff] and told that she and her children needed to urinate in cups on orders of DSS.

At the time, A.Q., was not toilet-trained and could not produce a sample in a cup.

Even though other methods, such as placing a bag over his penis, would have yielded a urine sample, [SMA medical staff] immediately began to hold him down and to catheterize him.

At the time, [they] did not inform Ms. Hunter of altemative methods of getting a urine sample or explain the risks associated with catheterizing a child.

Ms. Hunter did not know that she could object nor was she given any opportunity to object. Ms. Hunter did not speak with or see a doctor.

A.Q. was catheterized and screamed during the entire procedure.

On information and belief, A.Q. was catheterized with an adult-sized catheter.

Ms. Hunter was humiliated and upset about A.Q.'s catheterization.

A.Q. was injured physically and emotionally.

In the aftermath of the state-sanctioned assault, three days later, A.Q. had to be taken to a hospital emergency room 100 miles away in Huron for constipation and pain and discomfort in his penis, and he had to return again to ASM two days after that, where he was diagnosed with a staph infection in his penis.

Hunter and the ACLU are suing DSS caseworker Opbroeck, Opbroeck's bosses, Department of Social Services Secretary Lynn Valenti and DSS Division of Child Protective Services Director Virginia Wieseler, and St. Mary's Avera, Registered Nurse Katie Rochelle, Nurse Practitioner Teresa Cass, and four unnamed SMA medical employees.

The ACLU argues that forcible catheterization of A.Q. violates the Fourth Amendment's proscription against warrantless searches, the Fifth Amendment's right not to be forced to testify against oneself, and the 14th Amendment's due process clause because "it shocks the conscience, it was not medically necessary, and it was not reviewed by a judge." The lawsuit seeks monetary relief as well as declaration that the procedure is unconstitutional.

"The Fourth Amendment guarantees people the right to be free from unreasonable government searches," said Courtney Bowie, ACLU of South Dakota Legal Director. "There is nothing reasonable about forcibly catheterizing a child. The Constitution's purpose is to protect people from government intrusions exactly like this."

There is nothing reasonable about forcibly catheterizing drug defendants, either -- especially when the only drug use suspected is of marijuana -- but the second lawsuit filed by the ACLU alleges the practice is widespread among law enforcement agencies in the state, including repeated allegations of forced catheterizations after the victims have agreed to provide urine samples, the sole reason being that police involved could "gratify their sadistic desires," the complaint says.

"State agents, including law enforcement officers, in multiple cities and counties in South Dakota have conspired to attempt to rationalize, justify, and illegally forcibly catheterize drug suspects, and illegally coerce drug suspects to provide urine samples by threatening them with illegal forcible catheterization if they will not voluntarily provide a urine sample," the complaint says.

The conspiracy violates the civil rights not only of those subjected to forced catheterization, but those threatened with, the ACLU argues.

The lawsuit has five plaintiffs, all of whom were subjected to the procedure, and lists 20 unnamed police officers from Pierre, Sisseton, and the Highway Patrol, as well as one named Pierre officer, and the cities of Pierre and Sisseton. The lawsuit seeks injunctive relief to stop the practice, as well as "compensatory and punitive damages."

Categories: Marijuana

Chronicle AM: SD Sued Over Forced Catheterization of Toddler for Drug Test, More... (6/30/17)

Fri, 06/30/2017 - 21:03

The ACLU sues South Dakota over the forced drug testing of a toddler, Detroit residents again sue the dope squad for killing dogs in pot raids, Pennsylvania's governor signs an asset forfeiture reform bill, and more.

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

EPA Rejects California's Request to Recognize Allowable Marijuana Pesticides. Environmental Protection Agency head Scott Pruitt last week rejected the state's request to recognize acceptable pesticides for pot crops. Pruitt used the fact of marijuana's continuing illegality under federal law to justify the decision: "Under federal law, cultivation (along with sale and use) of cannabis is generally unlawful as a schedule I controlled substance under the Controlled Substances Act. The EPA finds that the general illegality of cannabis cultivation makes pesticide use on cannabis a fundamentally different use pattern."

Medical Marijuana

Pennsylvania Health Department Issues Dispensary Permits. The Health Department announced Thursday it had granted 27 medical marijuana dispensary permits. Each permit holder can open up to three dispensaries. They will be permitted to begin selling medical marijuana in six months. Click on the link for a list of permit recipients.

Asset Forfeiture

Pennsylvania Governor Signs Asset Forfeiture Reform Bill. Gov. Tom Wolf (D) signed into law Senate Bill 8 on Thursday. The bill does not end civil asset forfeiture, but does impose a higher burden of proof on law enforcement before forfeitures can take place, mandate a hearing before any seized real property is forfeited, and add protections for third-party property owners.

Drug Testing

South Dakota Sued Over Forced Catherization of 3-Year-Old for Drug Test. The ACLU of South Dakota has filed a pair of lawsuits over the forced use of a catheter to take a urine sample from a three-year-boy to test for drugs as part of a child welfare investigation. The suit comes in the case of a Pierre woman whose boyfriend violated probation by testing positive for illegal drugs. Child protective workers then told the women her children would be taken away if she did not submit them to a drug test. The federal lawsuit names as defendants the state of South Dakota and the hospital whose employees actually performed the procedure.

Law Enforcement

Detroit's Dog Killing Drug Cops Sued for Third Time. A Detroit couple has filed a civil rights lawsuit against Detroit Police alleging officers needlessly and maliciously killed their three dogs during a July 2016 marijuana raid after officers refused to let them retrieve the animals from the back yard. That brings to three the number of active lawsuits filed against Detroit cops for killing dogs during pot raids. The culprit is the department's Major Violators Unit, which conducts hundreds of raids a year in the city, and which has left a trail of dead dogs in its wake. One officer alone has killed 69 dogs.

Illinois Supreme Court Rules County DAs Can't Form Their Own Dope Squads. The state Supreme Court ruled Thursday the county prosecutors cannot form their own policing units to conduct drug interdiction efforts, including traffic stops. The ruling came in a case involving the State Attorney's Felony Enforcement (SAFE) Unit created by the LaSalle County district attorney. The unit operated for five years, mainly stopping cars on their way to and from Chicago. Previously, state appeals courts had ruled that the units were an overreach of prosecutorial authority, and now the state's highest court has backed them up.

Categories: Marijuana