Arkansas and North Dakota lurch toward enacting their voter-approved medical marijuana laws, Oklahoma and Wisconsin see CBD cannabis oil bills signed into law, and more.
Last Tuesday, state regulators finalized the medical marijuana rules. The state Medical Marijuana Commission gave final approval to rules governing dispensaries and cultivation facilities. The rules must still be approved by the legislature, which has passed some legislation that appears to conflict with them. The legislature only has until May 8 to modify the rules or the state will be out of compliance with the Medical Marijuana Act, which is now part of the state constitution.
On Tuesday, the Senate approved a bill to down-schedule marijuana. The state Senate voted to approve a bill that would reschedule marijuana under state law from Schedule I to Schedule II and allow the manufacture and distribution of medical marijuana products. The bill now heads to the House.
On Monday, the governor signed a medical marijuana regulation bill Governor Doug Burgum (R) signed into law Senate Bill 2344, which imposes sweeping legislative modifications on the state's new voter-approved medical marijuana law. With the governor's signature on the bill, the state now expects to have its system up and running within 12 to 18 months.
On Monday, the governor signed a CBD cannabis oil bill into law. Gov. Mary Fallin (R) signed into law House Bill 1559, which exempts CBD cannabis oil products from the state's definition of marijuana if they are approved by the federal Food and Drug Administration. No such medicines have been approved by the FDA. The move is the latest baby step toward actually approving the use of CBD cannabis oil; last year, Fallin signed a bill that allowed clinical trials by researchers to take place.
On Monday, the governor signed a CBD cannabis oil bill into law. Gov. Scott Walker (R) signed into law Senate Bill 10, which would make it easier to acquire CBD cannabis oil. Two years ago, Walker signed a bill to allow the use of CBD in extremely limited cases, but the limits it contains are so restrictive that families and patients haven't been able to actually use CBD. This bill will ease those limits, allowing patients to possess CBD for any medical condition with an annual physician's approval.
[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]
Two top federal security officials say scary things about marijuana policy, at least two states are moving to protect pot people from any federal crackdown, San Francisco becomes the latest city to embrace LEAD, and more.
[image:1 align:right caption:true]Marijuana Policy
AG Sessions Says Marijuana Plays Role in International Criminal Enterprises. Attorney General Jeff Sessions said Tuesday that marijuana is a significant part of international drug trafficking and that there is "a lot" of violence around "marijuana distribution networks" in this country. "We have quite a bit of marijuana being imported by the cartels from Mexico. This is definitely a cartel-sponsored event," he said. "So it is a financial money-maker for them," he said. "I returned from the border last week and they told me that quite a number of the people they arrest are hauling marijuana across the border."
Homeland Security Chief Says Marijuana Possession is Grounds for Deportation. What a difference a couple of days makes! Over the weekend, Homeland Security Chief John Kelly said that "marijuana is not a factor" in the administration's war on drugs, but by Tuesday, he had changed his tune, denouncing marijuana as a "gateway drug" and warning that DHS would use pot charges to deport people. "ICE will continue to use marijuana possession, distribution and convictions as essential elements as they build their deportation removal apprehension packages for targeted operations against illegal aliens living in the United States," he said.
California Bill to Protect Pot People from Feds Advances. A bill aimed at protecting marijuana users and the state's blossoming pot industry from any federal crackdown was approved by the Assembly Public Safety Committee on a 5-2 vote. The measure, Assembly Bill 1578, would prevent state and local police from helping federal law enforcement crack down on state-legal marijuana activity.
Guam Governor Backs Away from Legalization Proposal, Citing Trump. Governor Eddie Baza Calvo has suspended his push to legalize marijuana on the American territory, citing a change of atmosphere in Washington. "US Attorney General Jeff Sessions' pronouncement that the federal government intends to crack down on jurisdictions where recreational marijuana is legal," a Calvo spokesman pointed out.
Oregon Bill to Protect Pot People from Feds Signed into Law Governor Kate Brown (D) on Monday signed into law Senate Bill 863. The bill would protect Oregon marijuana users from any federal crackdown by prohibiting the state's pot retailers from sharing or keeping information about their customers' purchases or identities.
Atlanta City Council Punts on Marijuana Decriminalization. The city council on Tuesday failed to pass a decriminalization ordinance, instead referring the measure to the Public Safety Committee for further review. The measure would have decriminalized the possession of up to an ounce, with a maximum fine of $75.
Iowa Senate Approves Bill to Down-Schedule Marijuana. The state Senate voted Tuesday to approve a bill that would reschedule marijuana under state law from Schedule I to Schedule II and allow the manufacture and distribution of medical marijuana products. The bill now heads to the House.
North Dakota Governor Signs Medical Marijuana Regulation Bill. Governor Doug Burgum (R) on Monday signed into law Senate Bill 2344, which imposes sweeping legislative modifications on the state's new voter-approved medical marijuana law. With the governor's signature on the bill, the state now expects to have its system up and running within 12 to 18 months.
San Francisco Begins Law Enforcement Assisted Diversion (LEAD) Program. As of the beginning of April, the city is now operating a Law Enforcement Assisted Diversion (LEAD) program aimed at reducing the incarceration and criminalization of drug users and those with mental illnesses. LEAD is a pre-booking diversion program that refers low level offenders to treatment and community-based health and social services instead of prosecuting and jailing them. LEAD was pioneered in Seattle and is now in operation in a handful of cities across the country.
They don't even want to think about legalization in Montana, Rhode Island's governor would rather think about it next year, two GOP governors sign CBD cannabis oil bills, Latin American drug incarceration is on the increase, the UNODC sends an advisor to the Philippines, and more.
[image:1 align:left caption:true]Marijuana Policy
Florida Decriminalization Bill Gets Hearing, Gets Killed. The state Senate Judiciary Committee held a hearing on a marijuana decriminalization bill Monday, then voted to "temporarily postpone" the bill, effectively killing it for the year. The bill, which would have made small-time pot possession a civil infraction, was Senate Bill 1682.
Montana Bill to Study Legalization Dies in House. A bill that would have created an interim legislative committee to study marijuana legalization died Monday in the House. House Joint Resolution 35 failed on a vote of 45-55. Nine Republicans voted to approve the bill, but five Democrats voted against it.
Rhode Island Governor Wants to Study Legalization, Not Pass it This Year. The administration of Gov. Gina Raimundo (D) has sent a letter to the House Judiciary Committee saying it has "concerns" with legalization bills under consideration and would instead support creating a commission to study the issue. "The Governor's primary concerns are safety and proper regulation, and she will give strong consideration to legalization legislation that adequately addresses these concerns, whether a bill reaches her desk this year or in the future," she said, leaving the door just slightly open for this year.
Oklahoma Governor Signs CBD Cannabis Oil Bill. Gov. Mary Fallin (R) on Monday signed into law House Bill 1559, which exempts CBD cannabis oil products from the state's definition of marijuana if they are approved by the federal Food and Drug Administration. No such medicines have been approved by the FDA. The move is the latest baby step toward actually approving the use of CBD cannabis oil; last year, Fallin signed a bill that allowed clinical trials by researchers to take place.
Wisconsin Governor Signs CBD Cannabis Oil Bill. Gov. Scott Walker (R) on Monday signed into law Senate Bill 10, which would make it easier to acquire CBD cannabis oil. Two years ago, Walker signed a bill to allow the use of CBD in extremely limited cases, but the limits it contains are so restrictive that families and patients haven't been able to actually use CBD. This bill will ease those limits, allowing patients to possess CBD for any medical condition with an annual physician's approval.
US Sentencing Commission Hearing Today on Ecstasy, New Psychoactives. The US Sentencing Commission will take up reconsideration of the federal sentencing guidelines for ecstasy (MDMA) and a handful of new psychoactive substances. This is the first step in a two-year review process that could result in sentencing reductions for people caught with those drugs. One factor driving the Sentencing Commission to take up the issue is two major federal court cases where judges ruled that they did not have to follow the current MDMA sentencing guidelines, since they were so out of touch with science and public health.
Canada Marijuana Legalization Won't Include Pardons, Amnesty, Liberals Say. The Trudeau government is not considering a blanket pardon for people who have criminal records for marijuana possession as part of its marijuana legalization plan, Public Safety Minister Ralph Goodale said Monday. "That's not an item that's on the agenda at the moment," he said. The government is facing pressure both from people who want to move immediately to some sort of decriminalization and from people who want some sort of pardon scheme, but the Liberals are holding firm. "It is important to note that as the bill moves through the legislative process, existing laws prohibiting possession and use of cannabis remain in place, and they need to be respected," Goodale said. "This must be an orderly transition. It is not a free-for-all."
Study Reveals a Disproportionate Increase in Number of People Jailed for Low-Level Drug Offenses in Latin America. The Research Consortium on Drugs and the Law (CEDD), a network of drug policy experts from 10 countries in the Americas, has published a new report which reveals that despite the debate surrounding drug policy reform, the rate of incarceration for low-level, non-violent drug offenses continues to increase across Latin America. The CEDD Report, Irrational Punishment: Drug Laws and Incarceration in the Americas, includes research on ten countries: Argentina, Bolivia, Brazil, Colombia, Costa Rica, Ecuador, the United States, Mexico, Peru and Uruguay. In all of the Latin American countries studied, with the exception of Bolivia, the population imprisoned for drug offenses increased at a rate of 8 to 33 times faster than that of the general prison population over the last 15 years, with some variation depending on the country. In Brazil, while the prison population increased 55% between 2006 and 2014, the population incarcerated for drug offenses rose by 267%, a rate about five times greater. In Colombia, between 2000 and 2015, the prison population rose by 141%, but the population incarcerated for drug offenses increased by 289%.
UNODC to Send Adviser to Philippines, Promote Alternatives. The UN Office on Drugs and Crime announced Monday that it will soon send a drug policy advisor to the Philippines to work with the government there on alternatives to its bloody-handed crackdown on drug users. The UNODC adviser will press both the Dangerous Drugs Board and the Department of Health to adopt treatment-based approaches to combat substance abuse in the country. Those programs are likely to take the form of community-based models that will more effectively encourage users to minimize their substance dependencies. The advisor is expected to arrive in June and serve for two years.
Nevada will soon see the first syringe vending machines in the country, the Colorado legislature responds to a threatened federal crackdown -- for better and worse -- Wisconsin Gov. Scott Walker is moving forward with plans to drug test Medicaid recipients, and more.
[image:1 align:right caption:true]Marijuana Policy
A Majority of American Adults Have Tried Marijuana, Poll Finds. A new Marist/Yahoo poll finds that 52% of American adults have tried marijuana at least once, and that 56% find the drug "socially acceptable. The same poll has support for legalization at 49%, with 47% opposed.
DC Marijuana Activists to Hand Out Free Joints on Capitol Hill for 4/20. The same folks who brought legal marijuana to the nation's capital are planning to hand out more than a thousand free marijuana joints on Capitol Hill Thursday, 4/20, the unofficial marijuana holiday. Anyone over 21 who has a congressional ID is eligible for the free weed, said DCMJ. The activists said the action was meant to life the "special interest smokescreen" blocking marijuana reform in Congress.
Homeland Security Chief Says Marijuana "Not a Factor" in Drug War. DHS Secretary John Kelly said Sunday that marijuana is "not a factor" in the country's drug war and that "arresting a lot of users" will not solve the country's drug problems. Kelly responded to a question about whether legalizing marijuana in the US would help or hinder his work attempting to interdict drug shipments to the US. "Yeah, marijuana is not a factor in the drug war," Kelly responded, adding later: "It's three things. Methamphetamine. Almost all produced in Mexico. Heroin. Virtually all produced in Mexico. And cocaine that comes up from further south." And rather than arresting users: "The solution is a comprehensive drug demand reduction program in the United States that involves every man and woman of goodwill. And then rehabilitation. And then law enforcement. And then getting at the poppy fields and the coca fields in the south."
Colorado Social Consumption Bill Dies. A bill that would have set up the country's first statewide law allowing for on-premises marijuana consumption at licensed businesses is dead, with legislators citing fear of a federal crackdown for its demise. The House voted last Thursday to amend Senate Bill 17-184 to remove the provision that would have allowed adults to bring their own weed to businesses and consume it on-premises.
Colorado Senate Approves Bill to Shift Legal Marijuana Inventories Over to Medical Marijuana in Event of Federal Crackdown. The state Senate has approved Senate Bill 17-192, which would allow adult-use marijuana businesses to transfer their inventory to medical marijuana status if a federal crackdown on adult-legal weed happens. The bill now goes to the House.
Nevada Legislature Still Faces Heavy Load of Marijuana Bills. The legislative session marked its first key deadline last Friday when all proposed bills had to have passed out of their committee of introduction or be declared dead. And fourteen marijuana-related bills remain alive, including one, Senate Bill 302, that would allow dispensaries to begin selling marijuana to any adult beginning in July. Click the link for the rest of the bills and their status.
Tennessee Governor Signs Bill Killing Decrim in Memphis and Nashville. Gov. Bill Haslam (R) last Friday signed into law House Bill 173, which bars cities in the state from crafting marijuana penalties lesser than state law. The bill was a response to moves by the state's two largest cities, Memphis and Nashville, which had passed municipal decriminalization ordinances.
Arkansas Regulators Finalize Medical Marijuana Rules. The state Medical Marijuana Commission last Tuesday gave final approval to rules governing dispensaries and cultivation facilities. The rules must still be approved by the legislature, which has passed some legislation that appears to conflict with them. The legislature only has until May 8 to modify the rules or the state will be out of compliance with the Medical Marijuana Act, which is now part of the state constitution.
Heroin and Prescription Opioids
Alabama House Approves Tougher Penalties for Heroin, Fentanyl. The House voted last week to approve harsh new penalties for the possession and sale of heroin and fentanyl. In a unanimous vote, the chamber approved a one-year mandatory minimum sentence for simple possession and increased penalties for trafficking, including a mandatory life sentence without parole for trafficking 10 or more kilos of either drugs. The bill is House Bill 203, which is now before the Senate.
Maryland General Assembly Passes Package of Heroin/Opioid Bills. The Assembly last week approved a package of bills aimed at tackling the state's heroin and prescription opioid crisis. One bill would create 24/7 drug treatment centers for addicts, increase reimbursements for drug treatment, and ease access to the opioid overdose reversal drug naloxone. A second bill would create drug awareness programs in schools and allow school nurses to stock and dispense naloxone. A third bill would require doctors to follow best practices when prescribing opioids, while a fourth bill increases prison sentences for people convicted of fentanyl offenses. The bills now await the governor's signature.
Arizona Governor Signs Civil Asset Forfeiture Reform Bill. Gov. Doug Ducey (R) last week signed into law House Bill 2477, which requires a higher evidentiary standard before police and prosecutors can seize assets from suspects. Instead of a "preponderance" of the evidence, cops must now provide "clear and convincing evidence" that the assets are linked to a crime.
New York City Council Passes Bill to Coordinate Drug Policy Among City Departments. The city council recently passed legislation to create a coordinated municipal drug strategy. The bill empowers the Mayor to designate a lead agency or office to convene stakeholders including city agencies, outside experts, and communities impacted by drug use to develop a city-wide, health-focused plan for a coordinated approach in addressing issues related to drug use.
West Virginia Legislature Passes Bill Creating Drug Policy Office. A bill that would create an Office of Drug Control Policy within the Department of Health and Human Services has passed both houses of the legislature and awaits the governor's signature. The measure, House Bill 2620, passed last Friday, the final day of the session. Gov. Jim Justice (D) has fifteen days to sign the bill.
Wisconsin Governor Moving Forward With Plan to Drug Test Medicaid Recipients. Gov. Scott Walker (R) on Monday posted his proposal for moving people off state Badgercare Medicaid, which includes a provision requiring drug screenings for Medicaid recipients. People suspected of illegal drug use after screening would be ineligible for coverage until they are tested. People who test positive would be offered drug treatment, while people who refuse the test would lose benefits for six months.
Nevada Becomes First State to Install Needle Vending Machines. In a bid to combat the spread of HIV/AIDS and Hep C, a needle exchange program in Las Vegas is now providing clean needles in vending machines. The Las Vegas Harm Reduction Center worked together with the Southern Nevada Health District and the Nevada AIDS Research and Education Society to install the new machines. Each client will be limited to two kits per week, with the kits including syringes, alcohol wipes, condoms, and a needle disposal box.
Canada Unveils Plan for Legal Marijuana Sales by June 2018. The Liberal government of Prime Minister Justin Trudeau last Thursday filed legislation designed to implement marijuana legalization by June of next year. The bill would allow adults 18 and over to possess up to 30 grams of dried marijuana and would allow the federal government to regulate producers, while the provinces would regulate sales to consumers. Other issues, such as pricing, taxation, and packaging are still to be worked out.
The two octogenarian senior members of the Senate Judiciary Committee are up to one of their favorite pastimes again this year. Sens. Dianne Feinstein (D-CA) and Chuck Grassley (R-IA) have reintroduced a perennial bill that would increase penalties for drug dealers who sell products designed to entice children.
[image:1 align:right caption:true]If the bill were to become law, anyone who knew or "had reasonable cause to believe" that a "modified controlled substance would be distributed to a minor" would be looking at a 10- to 20-year prison sentence.
But the bill, the "Protecting Kids from Candy-Flavored Drugs Act of 2017" (Senate Bill 739), is seemingly justified more by urban myths than facts and, critics say, both unnecessary and more likely to be used against real-life sellers of marijuana edibles than mythical strawberry-flavored meth dealers.
"There are many instances of of drug dealers altering flavor and packaging of cocaine or methamphetamines to appeal to children," Feinstein tweeted as the bill rolled out late last month.
"Law enforcement reports that drug dealers frequently combine drugs with chocolate or fruit flavors or package the drugs to look like candy or soda to attract youth," the senators claimed in a joint statement. "For example, there are reports of candy bracelets containing ecstasy; gummy bears laced with Xanax; and candy laced with THC."
"Cynical criminals take advantage of drug trends in the general population to market dangerous illicit drugs specifically to kids," Grassley added in a separate press release. "It could be marijuana, methamphetamine, cocaine or something else. The criminals are innovative, and the law should keep up with them. Federal law should make crystal clear that marketing potentially lethal drugs to kids will have steep consequences."
The problem for Feinstein and Grassley, who have unsuccessfully filed the bill three times before, is that the crisis they wish to solve largely doesn't exist. The first time around, they were inspired by media reports of strawberry-flavored meth, but those have been roundly debunked as myths.
Some of their other claims are even more ludicrous. "Gummy bears laced with Xanax" seem only to be found on the furthest fringes of the web (a Reddit user subforum, to be precise) dedicated to bored drug hobbyists with too much time on their hands.
And the "candy bracelets containing ecstasy" claim appears to be based on a misreading of raver culture percolated through a concerned parents group.
"People (especially at Raves) have started wearing bracelets lined with ecstasy as opposed to the old candy bracelets kids used to wear," warned something called Careful Parents. "Much like the candy bracelets of old, people can eat the drug right off the bracelets. Google images of these bracelets for a better idea of what they look like and be on the lookout if your kids like to go to Raves."
But that warning was based on a 10-year-old story about rave culture in the Seattle Times -- a story that indeed mentioned bracelets and ecstasy and "candy kisses" (the sharing of beaded bracelets), but did not claim that the bracelets were made of ecstasy. The wearing of colorful bracelets is part of rave culture, but ecstasy bracelets are a myth based on misunderstanding.
The idea of drug dealers peddling candy-flavored drugs to kids may be an old bugaboo, but it just doesn't make much economic sense, said Sanho Tree, director of the Drug Policy Project at the Institute for Policy Studies.
"Those are not popular commodities to sell to children," he told ATTN:. "Why risk already severe penalties for some kid's lunch money?"
"This reminds me of the horror stories that you hear every Halloween -- where you have people handing out these infused products to children," Daniel Shortt, an attorney who focuses on cannabis law at the firm Harris Bricken, told ATTN:. "There's really no data supporting that that happens."
While candy-flavored meth or ecstasy bracelets are mythical, marijuana edibles and beverages are not. They are sold legally under state laws in medical and adult legal marijuana states, but the text of the bill could certainly be interpreted as aiming at them as well. It specifies that it would apply to people who sell federally illegal drugs to minors that are:Combined with a beverage or candy product,Marketed or packaged to appear similar to a beverage or candy product, or
Modified by flavoring or coloring to appear similar to a candy or beverage product.
"That's broad," Shortt said. "I worry about how that could applied to marijuana-infused edibles."
Edibles are often infused in candies, cookies, and chocolates, as well as brightly packaged beverages. It's not strawberry-flavored meth dealers who are likely to be caught up if this bill ever passes -- since they don't exist -- but people selling pot brownies and the like, in the black market or in the legal pot shop, who sell to minors, either knowingly or inadvertently.
West Virginia is poised to become the next medical marijuana state, New Mexico's GOP governor vetoes a bill that would have allowed medical marijuana for opioid addiction, Ohio takes another step toward getting its system up and running, and more.
Last Thursday, the Court of Appeals struck down the criminal ban on possession of medical marijuana on college campuses. The state Court of Appeals ruled that even though colleges and universities can bar the possession of medical marijuana through administrative means, the state cannot make on-campus possession a criminal offense. The state's medical marijuana law barred its possession in prisons, schools, and on school buses, but the legislature in 2012 added college campuses to the list. Now, the appellate court has ruled the state couldn't do that. The case is Arizona v. Maestes.
Last Friday, the legislature approved CBD cannabis oil bills. Both houses of the legislature have approved measures allowing for expanded access to CBD cannabis oil But Senate Bill 15 and House companion legislation now have differences in the percentages of chemicals allowed, so the bills must go to conference committee to hammer out the differences.
On Monday, the medical marijuana regulatory bill was dramatically amended, and advocates were unhappy. A bill aimed at setting up a new regulatory framework for medical marijuana in the state was radically overhauled in a House committee -- and supporters of the original measure are not pleased. The measure, Senate Bill 333, saw 20 amendments attached by the House Taxation Committee, including amendments that changed the taxing structure, before that committee sent it to the House floor. The bill has already passed the Senate, and if the bill passes the House, a conference committee will be necessary to try to reconcile the differences.
On Tuesday, medical marijuana bills got a hearing. Measures that would add new qualifying medical conditions and allow patients to grow their plants got a hearing in the Senate Tuesday. The bills have already passed the House. No votes were taken, though.
Last Friday, the governor vetoed a bill that would have allowed opioid addicts to use medical marijuana. Gov. Susana Martinez (R) vetoed a measure that would have improved the state's medical marijuana last Friday. House Bill 527 would have allowed people diagnosed with an opioid use disorder to use medical marijuana. In her veto message, Martinez wrote that allowing people addicted to opioids to seek medical marijuana "will likely cause a rapid increase in program enrollment, which the program is currently unable to sustain." But critics called that reasoning bogus, noting that the state Health Department sets the number of licensed producers and the amount they can grow.
Last Tuesday, a full-fledged medical marijuana bill was filed. State Sens. Teresa Van Duyn (D) and Valerie Jean Fousher (D) filed Senate Bill 648. Under the bill, patients could possess up to 24 ounces of marijuana and grow up to 250 square feet of their own medicine. The bill would also establish a system of licensed cultivation centers and dispensaries. It has been referred to the Committee on Rules and Operations.
Last Friday, the state announced it would start accepting grower applications in June. The state Department of Commerce will begin accepting applications for 24 medical marijuana grow licenses beginning in June, the department announced. Once licenses are awarded, holders will have nine months to meet all requirements. Application forms and instructions should be released in the next two to three weeks, the department said.
Last Thursday, the medical marijuana bill passed the legislature. The Mountaineer State is poised to become the 29th medical marijuana state after the legislature gave final approval to Senate Bill 386, sending the measure to the desk of Gov. Jim Justice (D). The bill would set up a dispensary system, but does not authorize patients to smoke marijuana or grow their own.
[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]
The US attorney general admits being surprised that people don't like his stance on marijuana, Vermont's legalization bill is on a death watch, Illinois legalizers gear up, and more.
[image:1 align:right caption:true]Marijuana Policy
Jeff Sessions "Surprised" By Opposition to His Marijuana Stance. At a speech at Luke Air Force Base in Arizona Tuesday, Attorney General Jeff Sessions pronounced himself "surprised" that his position against marijuana was drawing criticism. "When they nominated me for attorney general, who would have thought the biggest issue in America was when I said, 'I don't think America's going to be a better place if they sell marijuana at every corner grocery store?,'" Sessions asked. "They didn't like that; I'm surprised they didn't like that."
Hawaii Bill Would Roll Back Nation's Toughest Drug Paraphernalia Laws. Under current Hawaii law, possession of a pipe or bong for marijuana is punishable by up to five years in prison and a $10,000 fine, but perhaps not for long. A measure that would decriminalize marijuana paraphernalia, House Bill 1501, passed the Senate Tuesday. The bill has already been approved by the House, but differences in the amount of fines allowed will have to be ironed out in conference committee.
Illinois Legalization Backers Unveil Statewide Coalition. State Sen. Heather Steans (D) and Rep. Kelly Cassidy (D), the legislators behind the marijuana legalization bill, House Bill 2353, announced Tuesday that the bill would get a first hearing next week and that they had formed a statewide coalition, the Coalition for a Safer Illinois to garner public and legislative support.
Vermont Legalization Bill on Verge of Death. The prospects for the Green Mountain State legalizing marijuana this year grow exceedingly dim. Senate leaders said Tuesday their body is extremely unlikely to support a legalization measure, House Bill 170, currently stuck in the House. Proponents in the House had hoped they could get it moving again, but Senate President Pro Tem Tim Ashe said even if it passed the House, it still faced "insurmountable obstacles" in the Senate. The House bill would only legalize possession and personal cultivation -- not commercial marijuana -- while the Senate wants a regulated market.
New Hampshire Medical Marijuana Bills Get Hearing. Measures that would add new qualifying medical conditions and allow patients to grow their plants got a hearing in the Senate Tuesday. The bills have already passed the House. No votes were taken, though.
A Colorado bill barring co-op grows heads to the governor, an Oregon bill protecting marijuana consumers and an Iowa bill reforming asset forfeiture go to their governors, Trump reportedly names a new drug czar, and more.
[image:1 align:left caption:true]Marijuana Policy
Colorado Legislature Approves Banning Co-op Grows. The state Senate voted unanimously Monday to approve House Bill 17-1771, which makes it a criminal offense to grow recreational marijuana for other people. The House approved the measure earlier. Gov. John Hickenlooper (D) supported the bill and is expected to sign it.
Oregon Bill Would Shield Marijuana User Data from Federal Officials. The legislature has approved a bill that would protect marijuana consumers by ending the state practice of collecting point-of-sale identification information. The measure now goes to Gov. Kate Brown (D), who is expected to sign it.
Rhode Island Legalization Bill Hearing Today. The House Judiciary Committee was set to hold a hearing on a marijuana legalization measure, House Bill 5555, on Tuesday. The bill would legalize the consumption and cultivation of marijuana by adults and set up a system of legal, regulated marijuana commerce.
Tennessee Bill to Reduce Penalty for Small Amounts of Marijuana Fails. A bill that would have increased the amount of marijuana for which simple possession could be charged from one-half ounce to one ounce has died in the legislature. House Bill 0109 lost by one vote in the House on Monday.
Dallas City Council to Vote on Decrim Ordinance Wednesday. The city council will vote Wednesday on a proposal to decriminalize the possession of up to four ounces of marijuana. The city says it hopes to reduce jail time for nonviolent offenders and free officers for more serious policing priorities.
Montana House Amends Regulation Bill, Advocates Unhappy. A bill aimed at setting up a new regulatory framework for medical marijuana in the state was radically overhauled in a House committee Monday -- and supports of the original measure are not pleased. The measure, Senate Bill 333, saw 20 amendments attached by the House Taxation Committee, including amendments that changed the taxing structure, before that committee sent it to the House floor. The bill has already passed the Senate, and if the bill passes the House, a conference committee will be necessary to try to reconcile the differences.
Iowa Legislature Approves Civil Asset Forfeiture Reform. The legislature has approved Senate File 446, which bars civil asset forfeiture for cash or property valued at less than $5,000 and raises the standard of proof required for asset seizure from "a preponderance of the evidence" to "clear and convincing evidence." The bill now heads to the desk of Gov. Terry Branstad (R) for final approval.
President Trump Reportedly Names Congressman Tom Marino as Drug Czar. CBS News has reported that President Trump will name Rep. Tom Marino (R-PA) to head the Office of National Drug Control Policy (ONDCP -- the drug czar's office). Marino is a former prosecutor now in his third term who has cosponsored at least two major drug policy bills, the Transnational Drug Trafficking Act and the Ensuring Patient Access and Effective Drug Enforcement Act, both of which have their critics.
The Industry and Trade Ministry has proposed allowing the cultivation of opiates for medicine production. It has prepared a bill for the Duma take up. The notion has already been explored by federal executive bodies and apparently has their go-ahead.
Congressional drug policy reform bills are piling up, New Mexico's GOP governor vetoes medical marijuana and overdose prevention bills, Canada's Liberals roll out their marijuana legalization bill Thursday, and more.
[image:1 align:right caption:true]Marijuana Policy
Congressmen Gaetz and Soto Propose Legislation to Reschedule Marijuana, Two Florida GOP congressmen, Reps. Matt Gaetz and Darren Soto, have filed House Resolution 2020, "to provide for the rescheduling of marijuana into schedule III of the Controlled Substances Act." Rescheduling would make it easier to conduct research into medical marijuana, the congressmen said. "This drug should not be in the same category as heroin and LSD, and we do not need to continue with a policy that turns thousands of young people into felons every year," Gaetz added.
Indiana Legislature Approves CBD Cannabis Oil Bills. Both houses of the legislature have approved measures allowing for expanded access to CBD cannabis oil But Senate Bill 15 and House companion legislation now have differences in the percentages of chemicals allowed, so the bills must go to conference committee to hammer out the differences.
New Mexico Governor Vetoes Medical Marijuana Changes. Gov. Susana Martinez (R) vetoed a measure that would have improved the state's medical marijuana law last Friday. House Bill 527 would have allowed people diagnosed with an opioid use disorder to use medical marijuana. In her veto message, Martinez wrote that allowing people addicted to opioids to seek medical marijuana "will likely cause a rapid increase in program enrollment, which the program is currently unable to sustain." But critics called that reasoning bogus, noting that the state Health Department sets the number of licensed producers and the amount they can grow.
Heroin and Prescription Opioids
West Virginia Legislators Approve Overdose Monitoring, Creation of Office of Drug Policy. The legislature has approved Senate Bill 2620, which would create a statewide program to monitor drug overdoses and establish an office of drug control policy to coordinate the response to the heroin and opioid crisis. The bill now goes to the desk of Gov. Jim Justice (D).
Kansas Governor Signs Naloxone Access Bill. Gov. Sam Brownback (R) last Friday signed into law House Bill 2217, which will allow first responders to administer the opioid overdose drug naloxone and which also allows pharmacists to dispense the drug without a prescription. Kansas was one of only three states without a naloxone access law, and the bill passed both houses unanimously.
New Mexico Governor Vetoes Overdose Prevention Bill. Gov. Susana Martinez vetoed Senate Bill 47, the 911 Good Samaritan Overdose Prevention Act, on Friday. The bill would have expanded the state's existing Good Samaritan law to include alcohol-related overdoses and to limit the prospect of arrest of people, who are on probation or parole or who have a restraining order, when they call 911 on behalf of someone experiencing a drug or alcohol overdose. The bill passed the Senate unanimously and the House by a 58-5 vote.
Sheila Jackson Lee Files Bill to Raise Evidentiary Standards for Federal Drug Offenses. US Rep. Sheila Jackson Lee (D-TX) has filed House Resolution 1979 "to increase the evidentiary standard required to convict a person for a drug offense, to require screening of law enforcement officers or others acting under color of law participating in drug task forces, and for other purposes." The bill text is not yet available on the congressional website. The bill has been referred to the House Judiciary Committee.
Corey Booker, Elijah Cummings File Federal "Ban the Box" Bills. US Sen. Cory Booker (D-NJ) and US Rep. Elijah Cummings (D-MD) have filed identical bills in the Senate and House that would prevent employers from asking about applicants' criminal backgrounds until a job offer has been made. The bill would only apply to government agencies and federal contractors. The Senate measure is Senate Bill 842; its House companion is House Bill 1906. The bill text is not yet available on the congressional website.
Canada Marijuana Legalization Bill to Be Unveiled Thursday. The governing Liberals will roll out their marijuana legalization bill on Thursday, a "senior government source" said Monday. The government has said it wants legal marijuana to be a done deal on or before July 1, 2018.
Chronicle AM: Uruguay Legal Pot Sales to Start in July, ID Gov Vetoes Forfeiture Reform, More... (4/7/17)
The Uruguayan government sets the date for legal marijuana sales in pharmacies to begin, West Virginia is just a governor's signature away from becoming the 29th medical marijuana state, Idaho's Republican governor vetoes a broadly-supported asset forfeiture reform bill, and more.
[image:1 align:left]Marijuana Policy
Montana Bill to Study Marijuana Legalization Filed. State Rep. Mary Dunwell (D-Helena) filed House Joint Resolution 35 on Thursday. The bill calls for "a study of the legalization and control of marijuana," with results to be reported to the next session of the legislature. The study would include input from the Departments of Public Health and Human Services, Justice, Revenue, and Agriculture, as well as local law enforcement, courts, schools, and lobbying groups.
Arizona Appeals Court Strikes Down Criminal Ban on Possession of Medical Marijuana on College Campuses. The state Court of Appeals ruled on Thursday that even though colleges and universities can bar the possession of medical marijuana through administrative means, the state cannot make on-campus possession a criminal offense. The state's medical marijuana law barred its possession in prisons, schools, and on school buses, but the legislature in 2012 added college campuses to the list. Now, the appellate court has ruled the state couldn't do that. The case is Arizona v. Maestes.
Ohio Medical Marijuana Grower Applications Will Be Accepted Starting in June. The state Department of Commerce will begin accepting applications for 24 medical marijuana grow licenses beginning in June, the department announced on Friday. Once licenses are awarded, holders will have nine months to meet all requirements. Application forms and instructions should be released in the next two to three weeks, the department said.
West Virginia Medical Marijuana Bill Heads to Governor's Desk. The Mountaineer State is poised to become the 29th medical marijuana state after the legislature gave final approval to Senate Bill 386 Thursday, sending the measure to the desk of Gov. Jim Justice (D). The bill would set up a dispensary system, but does not authorize patients to smoke marijuana or grow their own.
Heroin and Prescription Opioids
Kentucky Bill to Raise Heroin, Fentanyl Penalties Awaits Governor's Signature. The General Assembly last week approved House Bill 333, which would increase penalties for the sale of heroin, fentanyl, or carfentanil. Under current laws, adopted as sentencing reform measures in 2011, traffickers face one to five years in prison. Under this bill, they would face five to 10 years in prison. The bill is currently on the desk of Gov. Matt Bevin (R).
Idaho Governor Vetoes Asset Forfeiture Reform. Gov. Butch Otter (R) on Thursday vetoed House Bill 202, a civil asset forfeiture reform bill that passed the legislature with broad bipartisan support. The bill would have ended asset forfeiture absent a criminal conviction, as well as imposing reporting and other requirements on law enforcement. The governor insisted there is no problem to fix, although lawmakers clearly disagreed.
Beto O'Rourke Leads Bipartisan Bill that Repeals Federal Transportation Law Requiring States to Suspend Driver's Licenses for Drug Offenses. US Rep. Beto O'Rourke (D-TX) and five bipartisan cosponsors have filed House Resolution 1952, which would repeal a 26-year-old federal law that mandates states to automatically suspend driver's licenses for anyone convicted of a drug offense or risk losing federal highway aid money. Some 38 states have already opted out of that program, but 12 states -- including Texas, New York, Michigan, and Florida -- still comply with the requirement.
Rand Paul, Elijah Cummings File Bills to Seal Criminal Records for Federal Nonviolent Offenses. US Sen. Rand Paul (R-KY) and US Rep. Elijah Cummings (D-MD) have filed identical bills in the Senate and House to seal the federal criminal records of non-violent offenders, which includes tens of thousands of federal drug offenders. The measures are Senate Bill 827 and House Resolution 190, respectively.
Uruguay to Allow Marijuana Sales at Pharmacies Beginning in July. The office of President Tabare Vasquez said Thursday that legal marijuana sales through pharmacies will begin in July. That's the last step in implementing a 2013 law that made Uruguay the first country to legalize marijuana. While other parts of the law have been in place, pharmacy sales had been on hold under Vasquez, who isn't nearly as enthusiastic about legalization as was his predecessor, Jose "Pepe" Mujica, who shepherded the law to passage during his term. A gram of weed will go for $1.30.
Four Out of Five French Presidential Candidates Support Marijuana Reform. The leading candidate, centrist Emmanuel Macron, and the rightist candidate, Francois Fillon, both support decriminalizing marijuana possession, leftist candidates Jean-Luc Melenchon and Benoit Hamon have both called for marijuana legalization, while only far-right candidate Marine LePen favors the status quo, which calls for up to a year in jail for the possession of any drug.
A Justice Department review of marijuana policy is underway, congressional overseers subpoena the DEA over its snitch program, California's governor moves to reconicle the state's legal and medical marijuana programs, and more.
[image:1 align:right caption:true]Marijuana Policy
DOJ Task Force is Reviewing Marijuana Policy. Attorney General Sessions issued a memo Wednesday saying that a task force on crime and public safety is reviewing federal marijuana policy and is charged with making initial recommendations by July 27. The task is reviewing ways to reduce violent crime and illegal immigration and is reviewing marijuana policy under that rubric.
California Governor Proposes Means of Melding Legal and Medical Marijuana Systems. Gov. Jerry Brown (D) on Tuesday released proposed legislation aimed at uniting the state's legal and medical marijuana regulatory systems. The draft language generally favors the less restrictive language of Prop 64, the state's successful marijuana legalization initiative. The Drug Policy Alliance, the California Cannabis Industry Association, the UFCW Western States Council, and the California Cannabis Manufacturers Association are all backing the draft language.
Alaska Regulators Punt (Again) on Onsite Consumption. The Marijuana Control Board was supposed to take up the thorny issue of permitting onsite consumption of marijuana Wednesday, but instead the board spent its meeting going through a backlog of license applications for production facilities and pot shops. "They really wanted to focus on approved applications at this meeting so people could get started with their businesses as we move into summer," said Erika McConnell, director of the Alcohol and Marijuana Control Board. "On site consumption was kind of the big time consuming issue that they pushed until the end and then we ran out of time." Onsite consumption decisions will now be pushed back until at least the May 15 meeting, she said.
Connecticut Legalization Bill Dead -- At Least for Now. A bill that would legalize marijuana, Senate Bill 11, appears dead in the water after it failed to make the agenda for a Friday meeting of the Senate Judiciary Committee. Reports are the bill, sponsored by Senate President Martin Looney (D-New Haven), was pulled because it didn't have enough votes to pass the committee. Legalization is not quite dead yet, though: The Looney bill or one of several other legalization proposals could still be attached as an amendment to another bill.
Virginia Commission to Study Decriminalization. The State Crime Commission decided on Wednesday that it will study marijuana decriminalization. The decision was made by the commission's executive committee.
North Carolina Medical Marijuana Bill Filed. State Sens. Teresa Van Duyn (D) and Valerie Jean Fousher (D) filed Senate Bill 648 on Tuesday. Under the bill, patients could possess up to 24 ounces of marijuana and grow up to 250 square feet of their own medicine. The bill would also establish a system of licensed cultivation centers and dispensaries. It has been referred to the Committee on Rules and Operations.
West Virginia Legislature Approves Industrial Hemp Bill. The Senate voted unanimously Wednesday to approve House Bill 2453, which would allow for the licensing of qualified producers and state institutions to grow hemp for industrial purposes. The bill passed the House last month and now heads to the desk of Gov. Jim Justice (D).
Arizona Asset Forfeiture Reform Bill Awaits Governor's Signature. Gov. Doug Ducey (R) is in a tight spot, caught between the wishes of legislators, who approved the asset forfeiture reform measure House Bill 2477, and county prosecutors, who are urging him to veto it. The measure would change Arizona's civil asset forfeiture laws to require prosecutors to prove property was involved in a crime by "clear and convicting" evidence, a step above the current standard. Gov. Ducey has said he thinks this is an area of law that needs reform, but hasn't said whether he would sign the bill into law.
DEA Gets Hit With Congressional Subpoenas Over Its Informant Program. Rep. Jason Chaffetz (R-UT), head of the House Oversight Committee, has subpoenaed the DEA for documents related to its confidential informant program. Congress members have been seeking copies of the guidelines since last year, when a Justice Department report detailed how DEA spent more than $200 million on informants with little oversight, but DEA has only allowed members to view the guidelines on-site. "Congress has a right to have this material," Chaffetz said, during an Oversight Committee hearing that he chaired on Tuesday morning. "It is unbelievable to me that you think we shouldn't have a copy of it," he told Deputy DEA Administrator Robert Patterson. Chaffetz then went next door to the House Judiciary Committee, where DEA Administrator Chuck Rosenberg was testifying, and issued a subpoena. "We are issuing a subpoena, and so I see no choice," he then told DEA chief Rosenberg. "The Department of Justice just doesn't get to hide things from the United States Congress," Chaffetz said, adding that there is evidence of "massive problems" in the program.
Arkansas' governor signs a package of medical marijuana regulation bills, a West Virginia medical marijuana bill is just a vote away from final passage, and more.
On Monday, the governor signed into law a dozen medical marijuana-related bills. Gov. Asa Hutchinson has signed into law a dozen bills aimed at regulating the state's voter-approved medical marijuana law. Bills that actually modified the law required a two-thirds majority in both houses of the legislature. For a complete list of the bills and what they do, click on the link.
Last Wednesday, legislators proposed using marijuana to treat opioid addition. A House of Delegates committee has added "opioid use disorder" to the list of qualifying conditions for medical marijuana use. The bill was set to be heard by the House Friday.
On Tuesday, a bill to allow more license and increase diversity passed the House. The House of Delegates voted to approve House Bill 1443, which would allow five more licenses to grow and process medical marijuana. The bill is aimed at increasing minority participation in the developing industry, which the state's medical marijuana law explicitly calls for. "Passing this bill will show the country that this is not an issue that we're going lock African Americans and other minorities from participating in this business venture," bill cosponsor Del. Cheryl Glenn said before the House vote. "Less than 1% of the licenses held in the entire country are held by African Americans and other minorities. I'm very proud at the state of Maryland that we are passing this legislation. Nothing is perfect, but this is really moving us along the path of having a fair system in the state of Maryland."
Last Thursday, the House fast-tracked a medical marijuana bill. Less than a day after the Senate approved a full-fledged medical marijuana bill, Senate Bill 386, the House has put it on path to quick consideration. The bill passed the Senate Wednesday, and on Thursday, the House voted to allow the bill to skip consideration by committees there and proceed directly to House floor debate. The move came in response to constituent pressure. "Like every member of this body, I can't count the number of emails and phone calls I received on this subject today," said Del. Mike Pushkin, D-Kanawha.
On Monday, the House amended the medical marijuana bill. The state House on Monday amended the medical marijuana bill, Senate Bill 386, to bar its use in leaf form. Medicines from marijuana would have to be in patch, pill, or potion form. Opponents of the amendment said it drastically changed the nature of the bill already approved in the Senate and worried that the Senate would not accept the changes, leaving patients in the lurch for another year. The bill must now have a final House floor vote, and then any differences will have to either be approved by the Senate or settled in a joint conference committee.
On Tuesday, the House approved the amended medical marijuana bill. The House voted to approve Senate Bill 386, which would establish a medical marijuana system in the state. The Senate passed the measure last week, but since it was amended in the House, reconciliation or a conference committee agreement must occur before it can head to the governor's desk.
[For extensive information about the medical marijuana debate, presented in a neutral format visit MedicalMarijuana.ProCon.org.]
Kansas City votes to decriminalizes, a Maryland bill to expand medical marijuana business opportunities advances, so does a package of Maryland bills aimed at the state's opioid crisis, and more.
[image:1 align:left caption:true]Marijuana Policy
Alaska Regulators Again Taking Up Onsite Marijuana Consumption. The state Marijuana Control Board will today resume its debate over whether to permit businesses to allow onsite consumption of marijuana. The board had decided in February to kill the idea, citing uncertainty over the Trump administration, but now it has reopened the process, inviting members to submit proposed new regulations. One proposal would impose a two-year moratorium on onsite consumption, while two others would allow for it, but one of those would not allow smoking or vaping.
Kansas City Votes to Decriminalize. Kansas City, Missouri, residents voted overwhelmingly Tuesday to decriminalize the possession of small amounts of marijuana. Unofficial vote counts had the measure winning with 71% of the vote. The measure will amend local laws regarding the possession of up to 35 grams of marijuana for adults age 21 and older from a criminal misdemeanor, previously punishable by up to six months in jail and a $1,000 fine, to a civil offense punishable by a $25 fine -- with no arrest made or criminal record imposed.
Maryland Bill to Allow More Licenses, Increase Diversity Passes House. The House of Delegates voted Tuesday to approve House Bill 1443, which would allow five more licenses to grow and process medical marijuana. The bill is aimed at increasing minority participation in the developing industry, which the state's medical marijuana law explicitly calls for. "Passing this bill will show the country that this is not an issue that we're going lock African Americans and other minorities from participating in this business venture," bill cosponsor Del. Cheryl Glenn said before the House vote. "Less than 1% of the licenses held in the entire country are held by African Americans and other minorities. I'm very proud at the state of Maryland that we are passing this legislation. Nothing is perfect, but this is really moving us along the path of having a fair system in the state of Maryland."
West Virginia House Votes for Medical Marijuana. The House voted Tuesday to approve Senate Bill 386, which would establish a medical marijuana system in the state. The Senate passed the measure last week, but since it was amended in the House, reconciliation or a conference committee agreement must occur before it can head to the governor's desk.
Heroin and Prescription Opioids
Maryland General Assembly Adopts Bills to Combat Opioid Epidemic. The House of Delegates voted Tuesday to approve a package of bills aimed at increasing access to drug treatment and crisis services, education, and public awareness around opioids. The bills are House Bill 869, which will require the state to compile a list of accredited recovery residences, House Bill 1082, which will require public schools to provide drug education and train personnel to respond to an opioid overdose; and House Bill 1329, which establishes a Health Crisis Hotline and network of crisis treatment centers. Because the bills were adopted with minor differences in the House and Senate, the House must vote one more time to approve the measures before they head to the governor's desk.
Florida Welfare Drug Test Bill Moving. A bill to require welfare applicants with drug convictions to submit to mandatory drug testing has been approved by two subcommittees and now sits before the House Health and Human Services Committee. The measure, House Bill 1147, passed out of the Health Care Appropriations Subcommittee Tuesday. Under the bill, applicants who test positive for drugs would lose benefits for a year, but could reapply after six months if they've completed a drug treatment program at their own expense.
Indiana Bill Criminalizing Use of Synthetic Urine Passes Legislature. The state Senate on Tuesday unanimously approved House Bill 1104, which would make it a misdemeanor to use synthetic or another person's urine for a drug test. The bill now heads to the governor's desk.
The governors of the first four states to legalize marijuana have written to Washington asking to be left alone, decrim advances in Texas, asset forfeiture reform advances in Arizona, and more.
[image:1 align:right]Marijuana Policy
Governors from Four Legal Marijuana States Ask to Be Left Alone. The governors of the first four states to legalize marijuana -- Alaska, Colorado, Oregon, and Washington -- sent a letter Monday to Attorney General Jeff Sessions and Treasury Secretary Steve Mnuchin asking them not to interfere in state-level legalization. The governors said legal weed could be safely regulated and that a federal crackdown "would divert existing marijuana product to the black market." They also asked the Treasury Department not to make it even more difficult to marijuana businesses to deal with banks than it already is.
Texas Decriminalization Bill Advances. The House Criminal Jurisprudence Committee voted 4-2 on Monday to advance House Bill 81, which would decriminalize the possession of up to an ounce of marijuana. The bill now heads to the House floor.
West Virginia House Amends Medical Marijuana Bill. The state House on Monday amended the medical marijuana bill, Senate Bill 386, to bar its use in leaf form. Medicines from marijuana would have to be in patch, pill, or potion form. Opponents of the amendment said it drastically changed the nature of the bill already approved in the Senate and worried that the Senate would not accept the changes, leaving patients in the lurch for another year. The bill must now have a final House floor vote, and then any differences will have to either be approved by the Senate or settled in a joint conference committee.
Arizona Senate Passes Bill Taking on State, Federal Asset Forfeiture. The state Senate on Monday unanimously approved a bill to reform the state's civil asset forfeiture law, House Bill 2477. The bill raises the evidentiary standard for forfeiture from "a preponderance of the evidence" to "clear and convincing evidence," establishes stringent forfeiture reporting requirements, and bars prosecutors from handing cases off to the feds to get around state law. The bill now goes back to the House for a concurrence vote on Senate amendments and, if passed, then heads for the governor's desk.
Maine Tests Few Welfare Recipients Under New Law. Since 2015, only 23 people have set off enough drug screening alarms to be tested under the state's welfare drug testing law. That's about 0.01% of welfare recipients in the state. Of those, 11 lost temporary cash assistance benefits after testing positive, while four more lost benefits for refusing to undergo the test. The Le Page administration blames Democrats, saying they limited drug screenings to people drug felonies, and is behind bills this year to expand drug screenings of cash assistance applicants, prohibiting food stamps for repeat drug offenders, and requiring treatment for first-time drug offenders.
This article was produced in collaboration with AlterNet and first appeared here.
[image:1 align:left]Marijuana has helped put Denver on the national map and has helped drive a tourism boom that keeps restaurants full—and new ones opening—but the restauranteurs are starting to grumble about its impact on their ability to find and keep workers, as Bloomberg News reported.
Jennifer Jasinski, a Wolfgang Puck alum whose Denver restaurant empire includes seafood-oriented Stoic and Genuine, beer joint Euclid Hall, and her flagship Rioja, is having a hard time.
“Cooks take trimming jobs and make $20 an hour, but it’s not just that," she said. "Pastry chefs are in high demand in the pot world. Laced candies and gummy bears are sought-after treats when they are made well, so pastry chefs and cooks can make them for three to four times the money a restaurant can pay. All this just exacerbates an already tight work force in Denver.”
She's not alone. Bryan Dayton, who co-owns three popular dining destinations in the Denver/Boulder area—Oak at Fourteenth, Acorn, and Brider—feels the pain, too.
“Our work force is being drained by the pot industry,” he said bluntly. “There’s a very small work pool as it is. Enter the weed business, which pays $22 an hour with full benefits. You can come work in a kitchen for us for eight hours a day, in a hot kitchen. It’s a stressful life. Or you can go sort weed in a climate-controlled greenhouse. It’s a pretty obvious choice.”
Bobby Stuckey, the James Beard award winning co-owner of Frasca Food and Wine in Boulder and the soon-to-open Tavernetta in Denver, is another big name restauranteur singing the weed competition blues. He said he's losing someone to the pot industry every few weeks.
“A line cook, it’s not a highly paid position: a lot of work, lot of hours, very intense," Stuckey said. "And you’re having a bad week. It’s hard not to quit for a grow facility where you’re making several dollars more an hour.”
And it's not just restaurants being affected, Stuckey added.
“The economy here is booming, but there’s not enough construction workers to get the buildings constructed; they all want to work in grow facilities,” said Stuckey. “Everybody wants to hear funny stories about the pot industry, but it’s a serious part of the business.”
Several of the restauranteurs pointed to another deleterious impact of legal weed on their businesses: they're selling less booze.
Dayton said his alcohol sales are down about 2%, or $100,000, at both Acorn and Oak, and reported that his distillers and distributors are reporting similar sales declines. He blamed people eating pot edibles and then foregoing a shot of whiskey or glass or wine.
Jasinski reported a 4% decline in alcohol sales at Euclid Hall, her most youth-oriented restaurant. "We have very low profit margins as it is," she complained.
Still, there is an upside to the legal pot economy.
"More hungry customers," said Dayton.
“The owners of these grow facilities are pretty sophisticated, and they’re curious about what they’re drinking,” said Stuckey, whose wine program won him a James Beard award. “If you’re into the differences between different strains of weed, like Kush or Pineapple Express, or Incredible Hulk, then I have some old bottles of nebiollo that I want to taste you on.”
President Trump signs a bill that will expand the drug testing of people seeking unemployment benefits, the West Virginia House is taking up medical marijuana, Colorado legislators have crafted a plan to deal with any federal attack on recreational marijuana, and more.
[image:1 align:left caption:true]Marijuana Policy
Colorado Bill Seeks to Avoid Thwart Possible Fed Crackdown by Classifying Legal Marijuana as Medical. In what the Associated Press called "the boldest attempt yet by a US marijuana state to avoid federal intervention in its weed market," the legislature is considering Senate Bill 17-192. The bill would allow retail marijuana licenses to be transferred into medical marijuana licenses. The measure has already passed out of the Senate Business, Labor, and Technology Committee and the Senate Finance committee and has a hearing before the Senate Appropriations Committee on Thursday.
Michigan Hash Bash Draws 10,000+. Ann Arbor's annual celebration of marijuana drew the largest crowd in years this past weekend, with more than 10,000 people showing up to light up and voice support for marijuana legalization. Michigan nearly became the first Midwest state to put legalization to a vote last year -- coming up just short on signature gathering -- and activists there are vowing to try again in 2018.
Kansas City Voters to Decide on Decriminalization Tomorrow. Residents of Kansas City, Missouri, will vote Tuesday on whether to approve the Question 5 decriminalization ordinance. Under the proposal, people 21 and over caught with less than an ounce would face no more than a $25 ticket.
Wichita Pot Defelonilization Initiative Campaign Getting Underway. Wichita activists hope the second time is the charm. A successful 2015 defelonization initiative was stuck down by the state Supreme Court on a technical issue. Now, the activists say they are preparing a new campaign to put the issue on the August municipal ballot. Under their proposal, small-time pot possessors would face a misdemeanor charge and a maximum $50 fine.
Arkansas Governor Signs a Dozen Medical Marijuana Bills. Gov. Asa Hutchinson has signed into law a dozen bills aimed at regulating the state's voter-approved medical marijuana law. Bills that actually modified the law required a two-thirds majority in both houses of the legislature. For a complete list of the bills and what they do, click on the link.
West Virginia Medical Marijuana Bill Gets House Hearing Today. After a delay over the weekend at the request of House Judiciary Committee Chairman John Shott, the House is taking up the medical marijuana bill, Senate Bill 386, today. Shott was expected to introduce an amendment during today's hearing before a vote is taken.
Trump Signs Unemployment Drug Testing Bill Into Law. President Trump last Friday signed into law a bill sponsored by Sen. Ted Cruz (R-TX) that will allow states to expand the pool of unemployment benefits applicants who can be drug tested. The bill undid an Obama administration rule that limited unemployment drug testing to professions where drug screenings are the norm. The bill passed Congress with no Democratic support in the Senate and only four Democrats in the House.
JAPA Issue Focuses on Naloxone. The March-April issue of the Journal of the American Pharmacists Association is devoted to the opioid overdose reversal drug naloxone. It contains nearly 30 letters, research reports and research notes on issues related to pharmacists and naloxone. The articles appear to be all open access, too. Click on the link to check 'em out.
A marijuana legalization bill gets filed in Delaware, a medical marijuana bill gets fast tracked in West Virginia, a South African court rules to free the weed, the Argentine Senate okays CBD cannabis oil, and more.
[image:1 align:right caption:true]Marijuana Policy
Delaware Lawmakers Filed Legalization Bill. State Rep. Helene Keeley (D-Dover) and cosponsors filed House Bill 110 on Thursday. The bill would legalize the possession of up to an ounce by adults 21 and over and to purchase it from state-regulated stores. The bill does not allow people to grow their own. It imposes a $50 an ounce tax on buds and a $15 an ounce tax on other parts of the plant. It now heads to the House Finance and Revenue Committee, which must hold a hearing within 12 days.
Maryland Legislators Propose Using Marijuana to Treat Opioid Addiction. A House of Delegates committee has added "opioid use disorder" to the list of qualifying conditions for medical marijuana use. The bill was set to be heard by the House Friday.
West Virginia House Fast Tracks Medical Marijuana Bill. Less than a day after the Senate approved a full-fledged medical marijuana bill, Senate Bill 386, the House has put it on path to quick consideration. The bill passed the Senate Wednesday, and on Thursday, the House voted to allow the bill to skip consideration by committees there and proceed directly to House floor debate. The move came in response to constituent pressure. "Like every member of this body, I can't count the number of emails and phone calls I received on this subject today," said Del. Mike Pushkin, D-Kanawha.
New Psychoactive Substances
Federal Bill Would Add New "Designer Drugs" to CSA's Schedule I. US Rep. Charles Dent (R-PA) has filed House Resolution 1732, the Synthetic Drug Control Act of 2017. It adds dozens of substances to Schedule I of the Controlled Substance Act, including phenylalkylamines, cannabimimetic agents, arylcyclohexamines, tryptamines, benzodiazepines, benzylpiperidines, piperazines, and opioids and opioid-like substances. The bill has been referred to the House Judiciary and House Energy and Commerce committees.
Federal Bill Would Create Program to Divert Low-Level Drug Offenders. US Rep. Sean Maloney (D-NY has filed House Resolution 1763, the Keeping Communities Safe Through Treatment Act of 2017. The bill directs the Justice Department to create a pilot program to provide grants to localities to divert people with low-level drug offenses into treatment programs before they are booked. It has been referred to the House Judiciary Committee.
Argentine Senate Approves CBD Cannabis Oil Bill. The Senate on Wednesday gave final legislative approval to a bill allowing the use of CBD cannabis oil for medical reasons and setting up a regulatory framework for state-run cultivation, processing, and distribution. Until the state-run system is up and running, CBD imports will be allowed.
South Africa High Court Rules Adults Can Possess Marijuana at Home. The Western Cape High Court ruled on Friday that it's legal for adults to use, possess, and grow marijuana at home. The court also ruled that sections of the Drug Trafficking act and the Medicines Control Act must be amended to comply with the decision. The decision isn't final yet, though -- it must be confirmed by the Constitutional Court.
Chronicle AM: Federal Marijuana Reform Bills Filed Today, DEA Scorched on Seizures, More... (3/30/17)
The Congressional Cannabis Caucus is getting down to business, yet another poll shows strong (and increasing) support for marijuana legalization, Trump names an acting drug czar, a California safe injection site bill is moving, and more.
[image:1 align:left caption:true]Marijuana Policy
New General Social Survey Poll Shows Jump in Support for Legalization. Support for marijuana legalization surged last year, according to new data released by the General Social Survey. The poll has support for legalization at 57% in 2016, up five points from 2014.
Package of Federal Marijuana Reform Bills, Including Legalization, Filed Today. The Congressional Cannabis Caucus flexed its muscles Thursday as members of Congress filed a package of bills aimed at creating a "path to marijuana reform" at the federal level and protecting and preserving marijuana laws in states where it is legal. Two Oregon politicians, Sen. Ron Wyden (D) and Rep. Earl Blumenauer (D) led the charge, announcing a bipartisan package of three bills, including a marijuana legalization bill reintroduced by Rep. Jared Polis (D-CO), as well as a pair of bills aimed at cleaning up "collateral issues" such as taxes, regulation, banking, asset forfeiture, descheduling, research, and protection for individuals. Click on the link to read our feature story and see more about the bills.
Vermont Legalization Bill Hits Snag. The effort to legalize marijuana took a detour Tuesday when the House leadership indefinitely postponed a vote on House Bill 170 after it became apparent it didn't have enough votes to pass. The bill isn't dead, but it has now been sent to the House Human Services Committee, where it will sit until the leadership thinks it has come up with enough votes to pass.
Arkansas Senate Approves Medical Marijuana Tax Bill. The Senate voted 31-1 Wednesday to approve House Bill 1580, which would impose a 4% tax on medical marijuana at each transaction. The tax would be levied on growers' sales to dispensaries and again on dispensaries' sales to individuals. The tax would sunset in 2019 after raising an estimated $3.6 million. The bill had already passed the House, but was sent back there for a concurrence vote after amendments were added in the Senate.
Colorado Legislators Vote to Rein In Medical Marijuana Home Grows. The state Senate voted unanimously Wednesday to approve House Bill 17-1220, which would limit the number of medical marijuana plants grown at a single residence to 12. Under current law, up to 99 plants are allowed. The bill now heads to the governor's desk.
West Virginia Senate Approves Medical Marijuana Bill. The state Senate voted Wednesday night to approve Senate Bill 386, which would allow for the use of medical marijuana for specified medical conditions. The bill now heads to the House of Delegates.
Justice Department Report Scorches DEA Over Asset Forfeitures. The Justice Department inspector general's office has released a report on DEA cash and asset seizure practices that warns the way DEA operates may pose a risk to civil liberties. The report noted that most seizures result from direct observation by DEA agents or local police, leading to concerns about the potential for racial profiling. The report examined a hundred asset forfeiture cases, and found that fewer than half advanced ongoing investigations. "When seizure and administrative forfeitures do not ultimately advance an investigation or prosecution, law enforcement creates the appearance, and risks the reality, that it is more interested in seizing and forfeiting cash than advancing an investigation or prosecution," the report said.
Trump Nominates Richard Baum as Acting Drug Czar. The president has nominated Office of National Drug Control Policy (ONDCP -- the drug czar's office) veteran and Georgetown University adjunct professor Richard Baum to be acting drug czar. While some of Baum's remarks over the years have drawn controversy, he is generally viewed by insiders as having a public policy approach as opposed to a drug warrior approach.
California Bill to Allow Supervised Injection Sites Advances. A bill that would create a five-year exemption from the state's drug laws to allow for the operation of supervised injection facilities advanced in the Assembly last week. The Assembly Health Committee voted 9-4 to approve Assembly Bill 186. The bill now goes to the Assembly Public Safety Committee.
This article was published in collaboration with AlterNet and first appeared here.
The Congressional Cannabis Caucus flexed its muscles Thursday as members of Congress filed a package of bills aimed at creating a "path to marijuana reform" at the federal level and protecting and preserving marijuana laws in states where it is legal.
[image:1 align:left]Two Oregon politicians, Sen. Ron Wyden (D) and Rep. Earl Blumenauer (D) led the charge, announcing a bipartisan package of three bills, including a marijuana legalization bill reintroduced by Rep. Jared Polis (D-CO), as well as a pair of bills aimed at cleaning up "collateral issues" such as taxes, regulation, banking, asset forfeiture, descheduling, research, and protection for individuals.
"The federal government must respect the decision Oregonians made at the polls and allow law-abiding marijuana businesses to go to the bank just like any other legal business," Wyden said in a statement. "This three-step approach will spur job growth and boost our economy all while ensuring the industry is being held to a fair standard."
The three bills in the package have not yet been assigned bill numbers, but are:
The Marijuana Revenue and Regulation Act (Regulate Marijuana Like Alcohol Act) -- Remove marijuana from the Controlled Substances Act; impose an excise tax regime on marijuana products; allow for the permitting for marijuana businesses; and regulate marijuana in a manner similar to alcohol.
The Small Business Tax Equity Act -- Create an exception to Internal Revenue Code section 280E that would allow businesses compliant with state laws to claim deductions and credits associated with the sale of marijuana. Currently, under 280E, people and businesses cannot claim deductions or credits for the sale of Schedule I or Schedule II substances. Sen. Rand Paul, R-Kentucky, is a cosponsor of Wyden's Senate bill and Rep. Carlos Curbelo, R-Florida, is sponsoring companion legislation in the House.
Responsibly Addressing the Marijuana Policy Gap Act -- Remove federal penalties and civil asset forfeiture for individuals and businesses complying with state law; ensure access to banking, bankruptcy protection, research and advertising; expunge the criminal records for certain marijuana-related offenses; end requirement for residents of marijuana-legal states to take a marijuana drug test for positions in the federal civil service; and ease barriers for medical marijuana research.
[image:2 align:right caption:true]The three-bill package is just the latest pot law reform effort in Congress this year. At least five other bills have already been filed, and lawmakers are also planning to reintroduce the Rohrabacher-Blumenauer amendment, which blocked the Justice Department from funding enforcement efforts against state-legal medical marijuana programs, and the McClintock-Polis amendment, which would similarly block enforcement against state-legal adult use programs. That later amendment came up just eight votes short last year.
The moves come against a backdrop of increasing acceptance of marijuana and marijuana legalization. Twenty-nine states now allow marijuana for qualified patients and eight states and the District of Columbia have legalized adult use. Public opinion polls now consistently show pot legalization with majority support; the latest came this week when the General Social Survey pegged support for legalization at 57% in 2016, up five points from just two years earlier.
Groups supporting marijuana legalization pronounced themselves pleased.
"The first time introduction of this particular piece of legislation in the US Senate is another sign that the growing public support for ending our failed war on cannabis consumers nationwide is continuing to translate into political support amongst federal officials," said NORML Executive Director Erik Altieri, "With marijuana legalization being supported by 60% of all Americans while Congress' approval rating is in the low teens, ending our country's disastrous prohibition against marijuana would not just be good policy, but good politics."
[image:3 align:left caption:true]"This is commonsense legislation that will eliminate the growing tension between federal and state marijuana laws," Robert Capecchi, director of federal policies for the Marijuana Policy Project, said in a statement. "Voters and legislatures are rolling back antiquated state marijuana prohibition policies, and it's time for Congress to step up at the federal level. States are adopting laws designed to improve public safety by replacing the illegal marijuana market with a tightly regulated system of production and sales. The federal government should be working to facilitate that transition, not hinder it."
"If we are truly going to move our nation towards sensible marijuana policies, the removal of marijuana from the Controlled Substances Act is paramount. Annually, 600,000 Americans are arrested for nothing more than the possession of small amounts of marijuana and now is the time for Congress to once and for all end put an end to the national embarrassment that is cannabis prohibition," said Justin Strekal, NORML Political Director. "Passing this legislation would end the current conflict between state and federal laws and allow the states to implement more sensible and humane marijuana policies, free from the threat of federal incursion."
Not everybody was happy. Former White House drug policy advisor Kevin Sabet, who now heads the anti-legalization Smart Approaches to Marijuana, told The Cannabist that more marijuana legalization would have negative consequences.
"While we don't want to see folks locked up or given criminal records for smoking pot, we support federal laws against marijuana," Sabet wrote in an e-mail. "We need to end, not expand the special interest big marijuana lobby. We can't ignore the fact that today's legalized marijuana -- and the accompanying industry -- is damaging to public health. States that have legalized marijuana continue to see a black market for the drug, increased rates of youth drug use, continued high rates of alcohol sales and interstate trafficking."
But Sabet's is an increasingly lonely voice in the wilderness.
A new study suggests that medical marijuana can reduce opioid abuse, Arkansas and Florida continue to grapple with addressing voter-approved medical marijuana laws, and more.
On Monday a new study found that legalized medical marijuana could help curb opiod abuse. A new study reported in the journal Drug and Alcohol Dependence finds that in states with medical marijuana, hospitalization rates for opioid pain pill dependence and abuse dropped by nearly a quarter (23%), while opioid overdose rates dropped by 13%. Researchers had expected to see an increase in marijuana-related visits. "Instead, medical marijuana laws may have reduced hospitalizations related to opioid pain relievers," said study author Yuyan Shi, a public health professor at the University of California, San Diego.
Last Thursday the Senate passed two medical marijuana "fix" bills. The state Senate approved two bills aimed at modifying the state's voter-approved medical marijuana law. The Senate approved House Bill 1400, which would ban the smoking of marijuana anywhere tobacco smoking is banned. That bill now goes to the governor's desk. The Senate also approved Senate Bill 721, which would require dispensaries to appoint a pharmacist director who would be available for consultations with patients during hours the dispensary is open. That bill now heads to the House.
Last Wednesday the patient plant limit rose to 24 as a bill limiting home grows advanced. A bill aimed at limiting marijuana home grows has been amended -- again -- in the House Judiciary Committee. In a Wednesday vote, the committee approved raising the plant limit under House Bill 1220 to 24 plants. The bill had originally set the number at 12, but lawmakers then upped the count to 16, and now 24 -- if patients register with the state. The bill now heads for a House floor vote.
On Tuesday a restrictive medical marijuana bill advanced. While a half-dozen competing measures aim to address the state's voter-approved medical marijuana system, the most restrictive measure advanced in the House on Tuesday. House Bill 1397 would limit growers to the seven currently permitted and bans smoking, vaping, and edibles. It moved out of the Health Quality Subcommittee on a 14-1 vote, but faces two more committee votes before heading for the House floor. None of the five Senate bills addressing medical marijuana have yet had a hearing.
On Tuesday a CBD cannabis oil expansion bill passed the House. The House voted 167-4 Tuesday to approve Senate Bill 16, which would add six new qualifying conditions for the use of cannabis oil, including autism, AIDS, Tourette's Syndrome, and Alzheimer's. The state Senate approved the bill last month.
On Monday Ma bill to make medical marijuana users eligible for organ transplans got a hearing. Legislators heard powerful testimony from patients removed from life-saving organ transplant lists because they used marijuana as they considered Legislative Document 764. The bill would targets the Maine Medical Center, the only transplant center in the state, whose transplant policy states that "use of prescribed or recreational marijuana by any route of administration is absolutely prohibited." No vote was taken, and the bill is scheduled for more hearings next month.
On Monday the state Supreme Court ruled the former attorney general wrongly changed initiative ballot question wording. Former state Attorney General Scott Pruitt (R), now head of the federal Environmental Protection Agency, changed the ballot title for a medical marijuana initiative in a way that would mislead voters. The original ballot question read: "A yes vote legalizes the licensed use, sale, and growth of marijuana in Oklahoma for medicinal purposes," but Pruitt changed that to: "This measure legalizes the licensed use, sale, and growth of marijuana in Oklahoma. There are no qualifying medical conditions identified." Now, the original language for the 2018 initiative has been restored.
Last Friday a medical marijuana bill advanced. The Senate Health and Human Resources Committee voted to approve Senate Bill 386, the West Virginia Medical Cannabis Act. The bill would create a system of regulated cultivation sites and dispensaries and allow the use of medical marijuana by persons suffering from a list of qualifying conditions. The bill now heads to the Senate Judiciary Committee.
[For extensive information about the medical marijuana debate, presented in a neutral format visit MedicalMarijuana.ProCon.org.]