This article was produced in collaboration with AlterNet and first appeared here.
As President Trump ratchets up the machinery of mass deportation, supporters of a humane, comprehensive approach to immigration are seeking ways to throw sand in its gears. When mass deportation is touted because of the "criminality" of those targeted, one solution is to reduce criminalization, which is not to turn a blind eye to violent or dangerous criminals, but to recognize that we live in an over-criminalized society. That means school kids can now be arrested for behavior that would have sent them to the principal's office in years past (especially if they're a certain color). The US also generates the world's largest prison-industrial complex, and has criminalized tens of millions of people for the offense of simply possessing a certain plant, and millions more for possessing other proscribed substances.
[image:1 align:left caption:true]While Trump talks about "bad hombres" as he ramps up the immigration crackdown, data shows that the net of criminality used to deport not just undocumented workers, but also legal immigrants and permanent resident aliens, is cast exceedingly wide. It's overwhelmingly not gang members or drug lords who are getting deported, but people whose crimes include crossing the border without papers, as well as traffic and minor drug offenses.
The report Secure Communities and ICE Deportations: A Failed Program , which examined Immigration and Customs Enforcement deportation records, found that the top three "most serious" criminal charges used to deport people and which accounted for roughly half of all deportations were illegal entry, followed by DWI and unspecified traffic violations.
The fourth "most serious" criminal charge used to deport people was simple marijuana possession, with more than 6,000 people being thrown out of the country in fiscal years 2012 and 2013, the years the study covered. Right behind that was simple cocaine possession, accounting for another 6,000 in each of those years. "Other" drug possession charges accounted for nearly 2,500 deportations each of those years.
Nearly 3,000 people a year were deported for selling pot, and more than 4,000 for selling cocaine, but only about 2,000 a year for the more serious offense of drug trafficking, accounting for a mere 1% of all deportations in those years.
[image:2 align:right caption:true]This has been going on for years. In the same report, researchers estimated that some 250,000 people had been deported for drug offenses during the Obama administration, accounting for one-fifth of all criminal deportations. Now, the Trump administration gives every indication it intends to be even tougher.
In light of the massive use of drug charges to deport non-citizens, drug reform takes on a whole new aspect. Marijuana decriminalization and legalization may not generally be viewed through the lens of immigrant protection, but they shield millions of people from drug deportation in those states that have enacted such laws. Similarly, efforts to decriminalize drug possession in general are also moves that would protect immigrants.
Now, legislators and activists in vanguard states are adopting prophylactic measures, such as sealing marijuana arrest records, rejiggering the way drug possession cases are handled, and, more fundamentally, moving to decriminalize pot and/or drug possession. In doing so, they are building alliances with other communities, especially those of color, that have been hard hit by the mass criminalization of the war on drugs.
In California, first decriminalization in 2011 and then outright legalization last year removed pot possession from the realm of the criminal, offering protection to hundreds of thousands of immigrants. But the California legalization initiative, Proposition 64, also made the reduction or elimination of marijuana-related criminal penalties retroactive,meaning past convictions for marijuana offenses reduced or eliminated can be reclassified on a criminal record for free. Having old marijuana offenses reduced to infractions or dismissed outright can remove that criminal cause for removal from any California immigrant's record.
Across the county in New York, with a charge led by the state legislature's Black, Puerto Rican, Hispanic and Asian Caucus, the state assembly voted in January to approve AB 2142, which would seal the criminal records of people who had been unjustly arrested for simple possession of marijuana in public view, a charge police used to still bust people for marijuana after it was decriminalized in 1977. Like the Prop 64 provision in California, this measure would protect not only minority community members in general -- who make up 80% of those arrested on the public possession charge -- from the collateral consequences of a drug conviction, but immigrants in particular from being expelled from their homes.
"A marijuana conviction can lead to devastating consequences for immigrants, including detention and deportation," said Alisa Wellek, executive director of the Immigrant Defense Project. "This bill will provide some important protections for green card holders and undocumented New Yorkers targeted by Trump's aggressive deportation agenda."
"Sealing past illegitimate marijuana convictions is not only right, it is most urgent as the country moves toward legalization and immigrant families are put at risk under our new federal administration," said Kassandra Frederique, New York state director for the Drug Policy Alliance. "Comprehensive drug law reform must include legislative and programmatic measures that account for our wrongheaded policies and invest in building healthier and safer communities, from the Bronx to Buffalo, Muslim and Christian, US-born and green card-holding."
Companion legislation in the form of Senate Bill 3809 awaits action in the Senate, but activists are also pushing Gov. Andrew Cuomo to include similar language as part of his decriminalization proposal in state budget legislation, opening another possible path forward.
[image:3 align:left caption:true]"In New York State 22,000 people were arrested for marijuana possession in 2016. The misdemeanor charge for public view of marijuana possession gives those people convicted a criminal record that will follow them throughout their lives, potentially limiting their access to education, affecting their ability to obtain employment, leading to a potential inability to provide for their families," said Sen. Jamaal Bailey, author of the Senate bill.
"Furthermore, and even more problematic, there exist significant racial disparities in the manner that marijuana possession policy is enforced. Blacks and Latinos are arrested at higher rates despite the fact that white people use marijuana at higher rates than people of color. Responsible and fair policy is what we need here," Bailey added. "We must act now, with proactive legislation, for the future of many young men and women of our state are at stake here."
Meanwhile, back in California, Assemblywoman Susan Talamantes Eggman (D-Stockton) has reintroduced legislation explicitly designed to shield immigrants from deportation for drug possession charges, as long as they undergo treatment or counseling. Under her bill, Assembly Bill 208, people arrested for simple possession would be able to enroll in a drug treatment for six months to a year before formally entering a guilty plea, and if they successfully completed treatment, the courts would wipe the charges from their records.
The bill would address a discrepancy between state law and federal immigration law. Under state drug diversion programs, defendants are required to first plead guilty before opting for treatment. But although successful completion of treatment sees the charges dropped under state law, the charges still stand under federal law, triggering deportation proceedings even if the person has completed treatment and had charges dismissed.
"For those who want to get treatment and get their life right, we should see that with open arms, not see it as a way of deporting somebody," Eggman said.
Eggman authored a similar bill in 2015 that got all the way through the legislature only to be vetoed by Gov. Jerry Brown, who worried that it eliminated "the most powerful incentive to stay in treatment -- the knowledge that the judgment will be entered for failure to do so."
In the Trump era, the need for such measures has become even more critical, Eggman said.
"It might be a more complex discussion this year, and it's a discussion we should have," she said. "If our laws are meant to treat everyone the same, then why wouldn't we want that opportunity for treatment available to anyone without risk for deportation?"
Reforming drug laws to reduce criminalization benefits all of us, but in the time of Trump, reforming drug laws is also a means of protecting some of our most vulnerable residents from the knock in the night and expulsion from the country they call home.
Pennsylvania Auditor General Eugene DePasquale comes out for marijuana legalization, citing the tax revenue boost; a bill to limit home cultivation in Colorado advances, the Arizona Senate approves a hemp bill, the Arkansas Senate kills a no-smoking medical marijuana bill, and more.
[image:1 align:right caption:true]Marijuana Policy
Colorado Bill to Limit Home Cultivation Advances. The House Finance Committee voted Monday to approve House Bill 1220, which would limit home grows to 12 plants. Bill sponsors paint it as an effort to prevent diversion to the illegal market, but medical marijuana patients and advocates testified that it could make it difficult for them to grow enough medicine for their needs.
Nevada Bill to Allow Licenses for Public Events With Pot Consumption Filed. The state's leading pro-marijuana reform politician, Sen. Tick Segerblom (D-Las Vegas) filed Senate Bill 236 Monday. The bill, which is not yet available on the legislative website, would allow local governments to issue licenses for one-off events with public pot consumption, as well as licensing pot shops, bars, or other businesses to allow consumption on-premises. The bill has been referred to the Senate Judiciary Committee.
Pennsylvania Auditor Endorses Marijuana Legalization, Says State Could Earn Millions. Auditor General Eugene DePasquale (D) said Monday he supported marijuana legalization and that the state could generate $200 million a year in tax revenues from it. "The regulation-and-taxation-of-marijuana train has rumbled out of the station across the United States," DePasquale said at a press conference in the state capitol. "The question is whether Pennsylvania is going to miss its stop."
Arkansas Senate Kills Bill to Ban Smoking of Medical Marijuana. The Senate voted 15-10 Monday to reject Senate Bill 357, which would have banned smoking medical marijuana. Bill sponsor Sen. Jason Rapert (R-Conway) argued smoking is a public health hazard and that smoking marijuana is a recreational use, not a medicinal one, but his colleagues were not buying his argument.
Arizona Senate Passes Hemp Legalization Bill. The Senate has approved Senate Bill 1337, which would authorize industrial hemp production, processing, manufacture, distribution, and sales. It also includes language saying the state cannot prevent hemp commerce merely on the grounds that it is federally illegal.
West Virginia Bill Would Create Drug Policy Office, Track Overdoses. A bill that would create an office to track fatal drug overdoses passed the House last week and heads to the Senate. House Bill 2620 would provide a central data collection point to track overdoses and arrests in the state. That information could be compiled and used as supporting data in research and as the state applies for federal grant money to combat the state's drug abuse epidemic. The bill is only one of many filed to deal with the opioid problem in the state. Click on the link for more.
Legalization bills are getting hearings on the East Coast, decriminalization advances in New Mexico and Israel, a Wyoming edibles penalty bill is dead, and more.
[image:1 align:left]Marijuana Policy
Connecticut Legalization Bill Gets Hearing Tomorrow. The General Assembly's Public Health Committee has a hearing set for House Bill 5314, cosponsored by Rep. Melissa Ziobron (R-East Haddam). The bill would legalize marijuana for people 21 and over, set up a regulatory system for marijuana cultivation and sales, and set up a tax system for marijuana commerce. Other legalization bills proposed by Democrats are awaiting action.
Maryland Legalization Bills Get Hearing. Supporters and foes of marijuana legalization testified before the Senate Judicial Proceedings Committee last Thursday on Senate Bill 927, which would tax and regulate legal marijuana sales, and on Senate Bill 891, which would set up a referendum to amend the state constitution to allow people 21 and over to possess up to two ounces and grow up to six plants. No votes were taken.
New Mexico Senate Approves Decriminalization Bill. The Senate voted last Thursday to approve Senate Bill 258, which would decriminalize the possession of up to a half-ounce of marijuana. Between a half-ounce and eight ounces would remain a misdemeanor. The move comes after the legislature rejected outright legalization. The bill is now before the House Consumer and Public Affairs Committee.
North Dakota Legalization Initiative Supporters Will Try Again. Initiative campaigners gave up a few months ago on signature gathering, but now say they will try again and are aiming at getting a measure on the 2018 ballot. Campaigners said they would have a new petition later this spring or summer.
Wyoming Bill to Set Edibles Penalties Dies Amidst Discord. A conference committee of House and Senate members was unable to reach agreement on how to punish the possession of marijuana edibles, killing House Bill 197. The bill had sought to close a loophole in state law that left it unclear how to punish edibles possession, but originally also included sentencing reductions for marijuana in its plant form. That provision was intended to make the bill palatable to Democratic lawmakers, but it was stripped out of the bill in the Senate. The bill died when the House rejected the Senate version.
Arkansas Medical Marijuana "Fix" Bills Are Moving. The Senate sent two medical marijuana bills to the governor's desk last Thursday, while the House passed three more bills and sent them to the Senate. Winning final legislative approval were House Bill 1556, which bars the use of teleconferencing to certify a patient for medical marijuana, and House Bill 1402, which would allow the state to reschedule marijuana if the federal government does it first. Meanwhile, the Senate will now take up House Bill 1580, which imposes a 4% sales tax on cultivation facilities and a 4% sales tax on dispensary sales; House Bill 1436, which sets an expiration date for dispensary licenses, and House Bill 1584, which would led regulators issue temporary dispensary or cultivation licenses when the original owner ceases to be in control of the business.
West Virginia Medical Marijuana Bills Filed. Sen. Patricia Rucker (R-Jefferson) and 11 cosponsors have filed Senate Bill 386 and companion legislation in the House that would allow for the medical use of marijuana by patients with one of a list of qualifying disorders.
Mississippi Senate Approves Asset Forfeiture Reform Bill. The Senate voted unanimously last Thursday to approve House Bill 812, which will require law enforcement to report on all forfeitures and creates a new asset forfeiture warrant system under which a judge would have to authorize seizures. The bill had already passed both houses, but had to go back to the Senate for a housekeeping vote. It now head to the desk of Gov. Phil Bryant (R).
Israeli Cabinet Approves Marijuana Decriminalization. The cabinet has approved the public safety minister's proposal to decriminalize pot possession. Under the proposal, people caught with marijuana would face only administrative fines for their first three offenses, but criminal charges for a fourth. The measure must still be approved by the Knesset.
Durham Police Will Become First in England to Implement Prescription Heroin and Supervised Injection Sites. Police in Durham are set to begin buying pharmaceutical heroin and providing it to addicts, who will inject it twice a day at a supervised injection site. The plan is currently being studied by public health authorities in the region.
Chronicle AM: Capitol Hill MJ Politics Heats Up, INCB Condemns Philippines Drug War, More... (3/3/17)
Eleven senators urge the Trump administration to leave legal marijuana alone, a federal legalization bill gets introduced, Justin Trudeau says yes to marijuana legalization but no to drug decriminalization, the INCB rips the Philippines' bloody drug war, and more.
[image:1 align:right]Marijuana Policy
Eleven US Senators Urge Trump Administration Not to Mess With Legal Marijuana. Eleven senators, led by Lisa Murkowski (R-AL) and Elizabeth Warren (D-MA) sent a letter to Attorney General Jeff Sessions Thursday urging him to uphold the Obama administration policy of letting states implement their own marijuana laws. "We respectfully request that you uphold DOJ's existing policy regarding states that have implemented strong and effective regulations for recreational use," they wrote. "It is critical that states continue to implement these laws."
Republican Congressman Files Federal Marijuana Legalization Bill. Freshman Virginia Republican Rep. Thomas Garrett has filed a legalization bill, House Resolution 1227, that is identical to the one filed last year by Sen. Bernie Sanders (I-VT). Unlike the Sanders bill, which garnered no cosponsors, this one already has three. Garrett played up the states' rights angle in announcing the bill: "Virginia is more than capable of handling its own marijuana policy, as are states such as Colorado or California," he said.
New Mexico Senate Passes Bill Lowering Marijuana Penalties. The Senate Thursday approved Senate Bill 258, which would make possession of less than a half ounce an administrative offense punishable by no more than a $50 fine. Possession of between a half ounce and an ounce would be a misdemeanor, punishable by no more than a $100 fine. The bill now goes to the House.
Mississippi Bill to Let Pharmacies Dispense CBD Cannabis Oil Goes to Governor. The House Thursday approved Senate Bill 2610, which would amend the state's existing CBD cannabis oil law to allow pharmacies to join the University of Mississippi Medical Center in dispensing the medicine. The bill has already passed the Senate and now heads to the desk of Gov. Phil Bryant (R).
Heroin and Prescription Opioids
Maryland Governor Declares Opioid State of Emergency. Gov. Larry Hogan (R) announced Wednesday that he is declaring a state of emergency around the state's heroin and opioid abuse problem. "I will be signing an executive order declaring a state of emergency in response to rapid escalation of the heroin and opioid crisis in our state," Hogan said. "With this continuing threat increasing at such an alarming rate, we must allow for rapid coordination with our state and local emergency teams." Hogan said issuing the emergency notice would give the state and local emergency agencies more flexibility to deal with the problem.
Idaho House Passes Civil Asset Forfeiture Reform Bill. The Republican-controlled House voted overwhelmingly Thursday to approve House Bill 202, which would bar police from seizing cash or property merely because it was in close proximity to an illegal substance. The bill also bans seizing vehicles unless they are connected to drug-dealing offenses, requires judicial approval for police to keep assets, and requires police to report on seizures. The bill passed despite opposition from the Idaho Sheriffs' Association. It now goes to the Senate.
US to Pressure Colombia to Cut Coca Crop. American drug officials will go to Bogota next week to "engage in serious discussions with the Government of Colombia" about the sharp increase in coca cultivation and cocaine production in the country in recent years, they said in a press briefing on Thursday. Colombia has seen a spike in coca cultivation in 2014 and 2015, the last years for which data is available. "We are working on the problem. It is a serious problem," said William R. Brownfield, assistant secretary of the US Bureau of International Narcotics and Law Enforcement Affairs, during Thursday's press briefing. "Both governments recognize this fact. Both governments realize that it is neither in the interest of Colombia, nor in the United States of America, nor, frankly, any country in the Western Hemisphere or the world, that there be more than a doubling of cocaine production coming from Colombia over the last four -- three or four years."
Justin Trudeau Says Marijuana Legalization Coming, But Rejects Drug Decriminalization for Canada. The Canadian prime minister said Thursday he hoped to have a marijuana legalization bill before parliament this summer, but rejected calls from British Columbia public health officials to decriminalize drug possession in a bid to reduce overdose deaths. "I have a tremendous amount of respect for anyone who is on the front lines," he said. "I always listen very carefully to what they have to say. But at the same time, I can absolutely confirm that we are moving forward on a framework to regulate and control marijuana to protect our kids and keep our communities safer from organized crime, and we are not planning on including any other illicit substances in the movement toward legalizing, controlling and regulating."
International Narcotics Control Board Rips Philippines Drug War. In its annual report, released Thursday, the INCB said President Rodrigo Duterte's bloody war on drug users and sellers violates international drug control treaties. "The Board wishes to bring once again to the attention of all Governments that extrajudicial action, purportedly taken in pursuit of drug control objectives, is fundamentally contrary to the provisions and objectives of the three international drug control conventions, under which all actions must be undertaken within the due process of law,"the report said. The INCB said that it had issued a statement calling on the Philippines government to issue an immediate and unequivocal condemnation and denunciation of the killings of individuals suspected of involvement in the illegal drug trade. It also called on the government to put an immediate stop to such actions and bring the perpetrators of such acts to justice.
Houston decriminalizes -- sort of -- Colorado ponders social cannabis clubs, Georgia legislators have passed two different CBD bills, Oregonians are ready to defelonize drug possession, and more.
[image:1 align:left caption:true]Marijuana Policy
Colorado Lawmakers Take Up Pot Social Club Bills. The Senate Business, Labor, and Technology Committee Wednesday approved a bill that would let local governments allow private marijuana clubs. Under Senate Bill 184, tokers would likely pay a fee to become members of a club and consume it there. Another, broader measure, Senate Bill 63, which would have allowed consumption licenses to be issued to shops where pot could be both sold and consumed, was defeated on a 6-1 vote.
Georgia Bill to Reduce Pot Penalties Advances. The Senate Judiciary Committee gave its seal of approval to Senate Bill 105 Tuesday. The bill reduces the penalty for possession of less than a half ounce of weed from up to a year in jail to a fine of up to $300. Possession of more than a half ounce, but less than two ounces, would be worth up to a year in jail, while possession of more than two ounces would remain a felony.
Houston "Decriminalization" Now in Effect. As of Wednesday, police in America's fourth-largest city will no longer arrest people with up to four ounces of pot. Instead, they will seize the weed and make the person sign a contract promising to take a drug education class.
Arkansas Bill to Ban Smoking, Edibles Advances. The Senate Committee on Public Health, Welfare, and Labor has approved Senate Bill 357, which bans smoking medical marijuana and the selling of foods or drinks containing medical marijuana. The measure now heads to the Senate floor. That same committee rejected another bill, Senate Bill 238, that would have delayed implementation of the medical marijuana law under federal marijuana prohibition ends.
Georgia House Approves CBD Cannabis Oil Expansion Bill. The House on Wednesday approved House Bill 65, which would expand the state's 2015 CBD cannabis oil law. The bill adds new qualifying conditions, removes a one-year residency requirement, and allows reciprocity with other CBD cannabis oil states. The House move comes two weeks after the Senate passed a more restrictive CBD expansion bill, Senate Bill 16, which would only add one new condition and would reduce the maximum allowable THC in cannabis oil from 5% to 3%. Medical marijuana advocates are not happy with the Senate bill.
Oregon Poll Finds Strong Support for Reducing Drug Possession Felonies to Misdemeanors. Nearly three-quarters (73%) of Oregonians support making small-time drug possession a misdemeanor, according to a new poll. Under current law, possession is a felony. The poll comes as a bill to do just that is about to be introduced.
Florida Bill Would Require Welfare Drug Tests for Drug Offenders. Senate Appropriations Committee Chair Jack Latvala (R) introduced Senate Bill 1392 Wednesday. The measure would force people who have any felony drug conviction or "a documented history of multiple arrests" for drug use within the past 10 years to undergo drug testing before receiving welfare benefits. People who test positive would be barred from benefits for two years, although they could reapply after six months if they have completed drug treatment. A companion bill was also introduce in the House.
International Legal, Drug Policy Groups Call for Release of Philippine Critic of Duterte's Drug War. Both the Global Commission on Drug Policy and the International Commission of Jurists have issued statements tdemanding the immediate release of Senator Leila de Lima, who was arrested on drug charges after criticizing President Duterte's bloody crackdown on drugs. The charges against De Lima are "fabricated" and her prosecution is politically motivated, the ICJ said. "The ICJ calls on the Philippine government to immediately release Senator De Lima and immediately stop any further acts of harassment against her and other public critics of the government," the International Commission of Jurists (ICJ) said in a statement on Tuesday. The Global Commission also expressed concern about her arrest and called for her release: "We are hopeful that the presumption of innocence will be upheld and that Senator de Lima will soon be released from pre-trial detention," the GCDP said in a statement.
The North Dakota legislature continues to muck about with the state's new voter-approved medical marijuana law, North Carolina sees a full-fledged medical marijuana bill introduced, and more.
Last Thursday, a CBD expansion bill stalled. A bill that could have expanded the use of CBD cannabis oil ran into a brick wall in the House Public Safety Committee. Committee Chair Rep. Clel Baudler (R-Greenfield) said he had to pull House Study Bill 132 because there wasn't enough support from Republicans to get it out of committee.
Last Wednesday, a fill-fledged medical marijuana bill was filed. House Democrats Wednesday introduced House Bill 185, a full-fledged medical marijuana bill that contains generous provisions on the amount of marijuana patients may possess (up to 24 ounces or "an adequate supply" as determined by a physician) and grow (up to 250 square feet of canopy), as well as providing for caregivers and establishing a system of dispensaries and commercial medical grows. Similar bills died in the 2015-2016 session, with one issued an "unfavorable report," meaning its subject matter could not be considered by the House for two years.
Last Wednesday, the Senate okayed changes to the voter-approved medical marijuana law. The Senate voted to approve Senate Bill 2344, which imposes tougher restrictions and more oversight than the initiative approved by voters in November. The bill sets steep fees for patients and providers and allows the Health Department to inspect patients' homes with 24-hour notice and medical marijuana facilities with no notice. On the upside, it also allows for smoking medical marijuana and lowers the age for classification as minor from 21 to 19. The bill now heads to the House.
[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]
The Trump administration's posture toward drug and marijuana reform is becoming evident, Philippines President Duterte is reenlisting the National Police in his drug war, the Colombian government and the FARC are working together on coca crop substitution, and more.
[image:1 align:right caption:true]Marijuana Policy
Attorney General Sessions Scoffs at Marijuana Legalization. "We have a responsibility to use our best judgment… and my view is we don't need to be legalizing marijuana," he said at the winter meeting of the National Association of Attorneys General. "I'm dubious about marijuana. I'm not sure we're going to be a better, healthier nation if we have marijuana sold at every corner grocery store." He also ridiculed the notion that using marijuana could be a cure for opioid abuse, calling it "a desperate attempt" to defend marijuana. But he did concede that "maybe science will prove me wrong."
California Bill to Address Pot-Impaired Driving Advances. A bill that calls on the state Highway Patrol to form a task force to develop methods for identifying drivers impaired by marijuana or prescription drugs and for an evaluation of technologies for measuring marijuana impairment has passed out of the Assembly Public Safety Committee. Assembly Bill 6 now heads to the Assembly Appropriations Committee.
Trump Vows to Win War on Drugs; Doesn't Mention Marijuana. In his inaugural address to Congress Tuesday night, President Trump echoed the ghosts of Richard Nixon and Ronald Reagan -- not to mention Miguel Cervantes -- as he vowed to defeat drugs. If there is a silver lining, his ire appears directed at heroin and other hard drugs. The word "marijuana" did not appear once in his speech. "Our terrible drug epidemic will slow down and ultimately, stop," he promised as part of a litany of MAKE AMERICA GREAT AGAIN accomplishments to come ("Dying industries will come roaring back to life. Heroic veterans will get the care they so desperately need… "). And, having forgotten -- or more likely, never learned -- the lessons of the past half century of American drug prohibition, he's going to defeat drugs the old-fashioned way: with more war on drugs. "To protect our citizens, I have directed the Department of Justice to form a Task Force on Reducing Violent Crime," Trump said. "I have further ordered the Departments of Homeland Security and Justice, along with the Department of State and the Director of National Intelligence, to coordinate an aggressive strategy to dismantle the criminal cartels that have spread across our Nation."
Tens of Thousands of Colombia Families to Quit Coca Farming. Some 55,000 families in territories controlled by the FARC will participate in a voluntary crop substitution program sponsored by the government, the presidency said Tuesday. The move will see nearly 100,000 acres of coca crops voluntarily eradicated under FARC supervision. The move to coca substitution is part of the peace agreement signed by President Juan Manuel Santos and FARC leaders last November.
Philippines President Brings Police Back to Wage More Drug War. President Rodrigo Duterte said Tuesday he would recall some police to fight the drug war. He had suspended the entire Philippine National Police from all operations in the bloody crackdown last month after a rogue squad of drug officers kidnapped and killed a South Korean businessman at PNP headquarters, but said he needed more manpower to sustain the crackdown, which has left more than 7,700 dead since he took office last year. "So, I need more men. I have to call back the police again to do the job most of the time on drugs, not everyone," he told reporters.
In his inaugural address to Congress Tuesday night, President Trump echoed the ghosts of Richard Nixon and Ronald Reagan -- not to mention summoning the specter of Miguel Cervantes -- as he vowed to defeat drugs.
[image:1 align:right]If there is a silver lining, his ire appears directed at heroin and other hard drugs. The word "marijuana" did not appear once in his speech.
"Our terrible drug epidemic will slow down and ultimately, stop," he promised as part of a litany of MAKE AMERICA GREAT AGAIN accomplishments to come. ("Dying industries will come roaring back to life. Heroic veterans will get the care they so desperately need…")
And, having forgotten -- or more likely, never learned -- the lessons of the past half century of American drug prohibition, he's going to defeat drugs the old-fashioned way: with more war on drugs.
"To protect our citizens, I have directed the Department of Justice to form a Task Force on Reducing Violent Crime," Trump said. "I have further ordered the Departments of Homeland Security and Justice, along with the Department of State and the Director of National Intelligence, to coordinate an aggressive strategy to dismantle the criminal cartels that have spread across our Nation."
But talk is cheap. Drug law enforcement costs money. The DEA and other federal agencies are already waging a multi-billion dollar a year war on drugs; if Trump's budget proposals match his rhetoric, he will have to be prepared to spend billions more. Just when he wants to cut just about all federal spending but defense, too.
Trump can ratchet up the drug war in some ways without relying on congressional appropriations through his control of the executive branch. For instance, his Justice Department could direct federal prosecutors to seek mandatory minimum prison sentences in most or all drug cases, a practice eschewed by the Obama Justice Department. That, too, has budgetary consequences, but until some time down the road.
Trump did at least pay lip service to addressing drug use as a public health issue, saying he would "expand treatment for those who have become so badly addicted," but that doesn't gibe with his call to repeal the Affordable Care Act. If Obamacare is repealed, nearly three million Americans with addiction disorders with lose access to some or all of their health coverage, including nearly a quarter million receiving opioid addiction treatment.
Trump's Tuesday night crime and drug talk was interwoven with talk about the border, comingling immigration, drugs, and his border wall in a hot mess of overheated, but politically useful, rhetoric.
"We've defended the borders of other nations, while leaving our own borders wide open, for anyone to cross -- and for drugs to pour in at a now unprecedented rate," he said, ignoring the quadrupling in size of the Border Patrol in the past 20 years and the billions pumped into border security since 2001. "We will stop the drugs from pouring into our country and poisoning our youth."
Trump also said that he was already making America safer with his immigration enforcement actions.
"As we speak, we are removing gang members, drug dealers and criminals that threaten our communities and prey on our citizens. Bad ones are going out as I speak tonight and as I have promised," he said.
It's too early to see who is actually being deported in the opening days of the Trump administration, but if the past is any indicator, it's not "gang members, drug dealers, and criminals," but, in rank order, people whose most serious crime was crossing the border without papers, alcohol-impaired drivers, other traffic violators, and pot smokers. Those were the four leading charges for criminal immigration deportations in one recent year, according to Secure Communities and ICE Deportations: A Failed Program?
Trump's drug war rhetoric is triumphalist and militaristic, but so far it's largely just talk. The proof will be in budget proposals and Justice Department memoranda, but in terms of progressive drug policy, he's striking a very ominous tone. This does not bode well.
Ominous noises from AG Sessions on marijuana and drug policy, asset forfeiture reform advances in three states, the feds threaten to shut down the Las Vegas Cannabis Cup, and more.
[image:1 align:left caption:true]Marijuana Policy
Sessions Makes Ominous Noises on Marijuana Policy. Attorney General Jeff Sessions restated his opposition to marijuana use Monday and warned that marijuana legalization efforts could open states to "violence" and a response from the federal government. "I don't think America is going to be a better place when people of all ages, and particularly young people, are smoking pot," Sessions said to reporters Monday at the Department of Justice. "I believe it's an unhealthy practice, and current levels of THC in marijuana are very high compared to what they were a few years ago, and we're seeing real violence around that." He had more disturbing things to say Tuesday. See below.
Feds Threaten to Shut Down Las Vegas Cannabis Cup. Nevada US Attorney Daniel Bogden has sent a letter to the Moapa Paiute tribe warning that the Cannabis Cup trade show set for tribal lands next weekend would violate federal marijuana prohibition laws. "I am informed that the tribal council is moving forward with the planned marijuana event referred to as the 2017 High Times Cannabis Cup because it is under the impression that the so-called 'Cole Memorandum' and subsequent memoranda from the Department of Justice permit marijuana use, possession and distribution on tribal lands when the state law also permits it. Unfortunately, this is an incorrect interpretation of the Department's position on this issue," Bogden wrote in a February 16 letter.
New Mexico Legalization Bill Killed. An effort to legalize marijuana died Monday in the House Business and Industry Committee after members voted 9-1 to kill it. House Bill 89 went down at least in part because of uncertainty surrounding the Trump administration's posture toward legal marijuana. It would have created a 15% tax on marijuana sales from licensed shops, with revenues earmarked for schools, the judiciary, and drug treatment programs.
Idaho Civil Asset Forfeiture Reform Bill Advances. A bill to require police to demonstrate an actual connection between drugs and seized property before seizing it and to clarify that possession of cash alone is not grounds for seizure has passed the House Judiciary Committee. House Bill 202 now heads for a House floor vote.
Indiana Civil Asset Forfeiture Reform Bill Advances. A bill that would end asset forfeiture without a criminal conviction and would bar prosecutors from circumventing state law by passing cases off to the feds has passed the Senate Committee on Corrections and Criminal Law. Senate Bill 8 now heads for a Senate floor vote.
New Mexico Senate Passes Bill to Close Asset Forfeiture Loophole Used By Cities. The Senate has approved Senate Bill 202 on a unanimous vote. The state ended civil asset forfeiture in 2015, but police in Albuquerque and other cities claimed the law did not apply to their municipal asset forfeiture programs. This bill clarifies that it does. It is now before the House Judiciary Committee.
Sessions Says DOJ Will Prioritize Drugs, Violent Crime. In remarks before the National Association of Attorneys General Tuesday, US Attorney General Jeff Sessions acknowledged that crime was at historically low levels, but vowed to pursue gun and drug offenses. "[I]llegal drugs flood across our southern border and into cities and towns across our country, bringing violence, addiction and misery. In particular, we've seen an increase in the trafficking of new, low-cost heroin by Mexican drug cartels working with local street gangs,"Sessions said. "As the market for this heroin expands, gangs fight for territory and new customers and neighborhoods are caught in the crossfire,"he continued. "In recent years, we've also seen a significant shift in the priority given to prosecuting gun and drug offenders at the federal level. While numbers don't tell the whole story, I still find the following statistics troubling: at the end of 2015 there were more than 7 percent fewer federal gun prosecutions than five years before. In that same five-year period, federal drug prosecutions declined by 18 percent. "Under my leadership at the Department of Justice, this trend will end,"he said.
West Virginia Bill Would Create Mandatory Minimum Sentences for Adults Who Make or Transport Drugs Around Minors. The House of Delegates' Committee on Prevention and Treatment of Substance Abuse has approved House Bill 2648, which would set a three-year mandatory minimum sentence for any adult found guilty of transporting or manufacturing drugs in front of a minor. The bill now heads to the House Judiciary Committee.
Poll Has Four of Five Danes Favoring Medical Marijuana. A new survey from Analyse Denmark has support for medical marijuana at 80%, "with the remainder saying they did not have an opinion." The poll comes as the country awaits a medical marijuana pilot project set to begin on January 1. The poll also asked about marijuana legalization, but only 36% were in favor, with 45% opposed.
White House press secretary Sean Spicer's comment last week that we "will see greater enforcement" of federal marijuana prohibition has set off tremors in the pot industry, but it should be setting off warning bells at the White House itself.
[image:1 align:right caption:true]Any move against marijuana would be politically fraught, economically foolish, and counter to some of the Trump administration's other expressed goals, such as fighting Mexican drug cartels and creating American jobs right here in America.
Here are five reasons the Trump administration needs to think twice before its meddles with legal marijuana:
1. Legal marijuana is way more popular than Trump is. A Quinnipiac poll released last week is only the latest of a long series of polls in recent years showing majority support for marijuana legalization. That poll had nearly three out of five Americans -- 59% -- down with freeing the weed. And more directly to the political point, an even higher number -- 71% -- want the federal government to butt out in states where it is legal. Trump, meanwhile, is polling in the thirties or forties in personal popularity polls. And we know he wants to be liked.
2. Trump can't make legal marijuana go away; he can only mess it up. Even if Jeff Sessions lives up to marijuana industry nightmare scenarios by successfully shutting down pot businesses and preventing states from taxing and regulating it, marijuana possession and cultivation for personal use will remain legal under state law. The federal government cannot force state and local police to enforce federal marijuana prohibition and it does not have the resources to effectively do so itself. People will continue to grow and possess pot in legal states, and continue to sell it -- only now all that activity will return to the black market.
3. Legal marijuana is a job creation dynamo. The marijuana industry already employs more than 100,000 people and, if left unimpeded, would create more jobs than manufacturing by 2020, according to a recent report from New Frontier Data. That report projects that 250,000 jobs would be created in the industry by 2020, while Bureau of Labor statistics project than 800,000 manufacturing jobs are going to vanish by 2024. And new jobs are way more likely to pop up in marijuana processing operations than in coal fields.
4. Legal marijuana is a tax bonanza for the states. In Colorado, the state took in $200 million in pot tax revenues in 2016, using it for schools and public health and safety, Oregon took in $60 million, and Washington saw $35 million in the last fiscal year. In California, the Legislative Analyst's Office estimates legal weed will generate $1 billion in tax revenues per year. An awful lot of fiscal conservatives are very happy to see those revenues.
5. Legal marijuana hurts drug cartels. If the Trump administration wants to hurt Mexican drug trafficking organizations, the so-called cartels, not interfering with legal competition from this side of the border is a good way to do that. Mexican brick weed is not, of course, the sole source of cartel revenues, but it is a significant one, accounting for perhaps a fifth of cartel receipts, and legalization is hurting cartel marijuana exports. Seizures at the border have dropped by nearly two thirds in recent years, from a high of 3.5 million pounds in 2009 to only 1.5 million pounds in 2015, and there are many stories of Mexican pot farmers being driven out of business by competition from the north.
Chronicle AM: Fatal Heroin ODs Quadrupled in Five Years, Trump MJ Threat Pushback, More... (2/27/17)
Fatal heroin overdoses have quadrupled in five years, elected officials in legal marijuana states push back on Trump threats, Philly civil asset forfeiture lawsuit wins class action status, and more.
[image:1 align:right caption:true]Marijuana Policy
Elected Officials From Legal Marijuana States Slam Notion of Crackdown. White House press secretary Sean Spicer's announcement last Thursday that the Trump administration was thinking of going after legal marijuana continues to generate sharp pushback. On Sunday, Colorado Gov. John Hickenlooper (D) said now was "the wrong time to pull back" and that a federal crackdown would create "a level of conflict that's going to be very difficult." Meanwhile, Oregon Sen. Ron Wyden (D) called on the administration to "respect the decisions of Oregon voters."
Michigan Legalization Initiative a Compromise Effort, Draft Language Now Available. A number of Michigan marijuana legalization stakeholders have come together to create a draft of a proposed 2018 initiative. The draft includes a 12-plant personal cultivation limit, would limit initial business licenses to existing medical marijuana businesses, and would include "microbusiness" licenses for small commercial grows, among other provisions. The effort is being led by the Marijuana Policy Project, which has been consulting with MINORML, MILegalize 2018 (the folks behind a 2016 effort that came up just short on signature gathering), the Michigan Cannabis Coalition, the Michigan ACLU and others. MPP hopes to have a final draft to present to state officials by late April.
Virginia Legislature Approves Bill to End Driver License Suspensions for First-Time Marijuana Possession. The General Assembly passed House Bill 2051 last Friday. Under the bill, first-time pot possession offenders will not have their licenses automatically suspended for six month. Instead, a judge has the option of ordering them to do 100 hours of community service. Minors would still see their licenses automatically suspended, as would people caught indulging while driving. The bill now goes to the desk of Gov. Terry McAuliffe (D).
Iowa CBD Expansion Bill Stalled. A bill that could have expanded the use of CBD cannabis oil ran into a brick wall in the House Public Safety Committee last Thursday. Committee Chair Rep. Clel Baudler (R-Greenfield) said he had to pull House Study Bill 132 because there wasn't enough support from Republicans to get it out of committee.
Heroin and Prescription Opioids
Fatal Heroin Overdoses Quadrupled in Five Years. A report from the Centers for Disease Control and Prevention (CDC) finds that fatal heroin overdoses jumped from 3,000 in 2010 to more than 12,000 in 2015, a four-fold increase. Heroin killed slightly more people than prescription opioids. The highest drug overdose death rates were in West Virginia, New Hampshire, Kentucky, and Ohio, the study found.
Lawsuit Challenging Philadelphia Civil Asset Forfeitures Wins Class Status. A federal judge has granted class certification to plaintiffs suing the city of Philadelphia over its civil asset forfeiture program. The plaintiffs are arguing that the program creates an unconstitutional conflict of interest for law enforcement agencies, and the granting of class certification "means that the four named plaintiffs can officially represent the tens of thousands of property owners with asset that have been seized in the past five years," said Institute for Justice attorney Darpana Sheth, who is representing the plaintiffs. Philadelphia prosecutors have filed more than 20,000 civil forfeiture actions since April 2012, the beginning date for the lawsuit.
The uproar is deafening in the wake of White House press secretary Sean Spicer's hint Thursday that Trump could crack down on legal weed, Virginia's governor signs a needle exchange bill into law, the Arizona House unanimously passes asset forfeiture reform, and more.
[image:1 align:left caption:true]Marijuana Policy
Marijuana Industry, Advocates React to Spicer Threat. White House press secretary Sean Spicer's statement Thursday that he expects the Justice Department to crack down on recreational marijuana in states where it is legal has excited a firestorm in the industry and among advocates. "To have Mr. Spicer say in one sentence that they're a states' rights administration and in the very next sentence say they're going to crack down... it just defies logic," said Robert Capecchi, director of federal policies for the Marijuana Policy Project, an organization that lobbies for pot-friendly changes to drug-related legislation. Click on the link for more reaction.
North Carolina Medical Marijuana Bill Filed. House Democrats Wednesday introduced House Bill 185, a full-fledged medical marijuana bill that contains generous provisions on the amount of marijuana patients may possess (up to 24 ounces or "an adequate supply" as determined by a physician) and grow (up to 250 square feet of canopy), as well as providing for caregivers and establishing a system of dispensaries and commercial medical grows. Similar bills died in the 2015-2016 session, with one issued an "unfavorable report," meaning its subject matter could not be considered by the House for two years.
Arizona House Unanimously Passes Asset Forfeiture Reform Bill. The House voted unanimously Thursday to approve House Bill 2477, which sets a higher evidentiary standard for prosecutors to overcome before they can seize cash or property under civil asset forfeiture. Currently, prosecutors need prove only "a preponderance of the evidence," but under this bill, they would have to provide "clear and convincing evidence" the property or cash was linked to a crime. The bill doesn't abolish civil asset forfeiture, but does tighten it. It would also bar prosecutors from doing an end-run around state laws by passing cases off to the feds. The bill now heads to the Senate.
Virginia Governor Signs Needle Exchange Bill. Gov. Terry McAuliffe (D) has signed into law House Bill 2317, which authorizes the state health commissioner to establish and operate needle exchange programs after declaring a public health emergency. Health Commissioner Dr. Marissa Levine and Gov. McAuliffe declared that emergency last year.
Bolivian Congress Approves Near Doubling of Legal Coca Cultivation.The lower house approved a bill Thursday that would nearly double the amount of land allowed for legal coca cultivation, and the Senate approved it Friday. The bill would allow farmers to plant up to about 50,000 acres with coca, up dramatically from the 30,000 acres currently allowed. Even that new, higher limit was too much for some coca farmers, who want no limits, and clashed violently with police earlier this week.
This article was produced in collaboration with AlterNet and first appeared here.
[image:1 align:left]Marijuana legalization advocates and the legal marijuana industry have been on tenterhooks ever since Donald Trump won the White House last November, and increasingly so since he nominated drug warrior former senator Jeff Sessions as his attorney general, the highest law enforcement officer in the land.
But for the three months since the election and the month since Trump took office, the Trump administration has had little to say on the topic. Until now.
At the administration's press briefing Thursday, White House press secretary Sean Spicer hinted that the Trump administration will step up enforcement of federal marijuana prohibition.
"I do believe that you’ll see greater enforcement," Spicer said, while adding the exact policy is "a question for the Department of Justice."
Spicer also suggested that any crackdown wouldn't apply to medical marijuana, saying that Trump believes it can "comfort" people suffering from illnesses. But, Spicer said, Trump views recreational marijuana as linked to heroin and prescription opioid use -- even though evidence suggests the opposite.
Spicer's comments are especially worrisome given Sessions' coy responses to questions during his nomination hearings about what he would do about weed. The former Alabama Republican senator said he couldn't ignore federal laws prohbiting marijuana, but that he would have to use "good judgment about to handle these cases."
But any action against legal recreational marijuana will be at odds with public sentiment. A Quinnipiac poll released Thursday had support for marijuana legalization at 59% and -- more critically for administration political calculations -- support for the feds butting out of legal marijuana states at 71%.
Yet another national poll has a strong marjority for marijuana legalization, Trump administration cost-cutters eye the drug czar's office, Arizona pot legalizers refine their 2018 initiative, and more.
[image:1 align:right caption:true]Marijuana Policy
Quinnipiac Poll Has Support for Legalization at 59%. A new Quinnipiac poll has support for marijuana legalization nationwide at 59%, with an even larger number -- 71% -- saying the federal government should respect state marijuana laws. The poll also finds support for medical marijuana at stratospheric levels, with 93% in support.
Arizona Initiative Campaign Refines Its Proposal. Safer Arizona has refiled its marijuana legalization initiative after receiving criticism of some parts of it after it was originally filed last week. The new version adds a mandatory 1,000-foot buffer between schools and marijuana operations, makes it a crime -- not a civil offense -- to sell marijuana to minors, makes possession by minors a crime, but with only a $50 civil fine for a first offense, and allows local authorities to impose "reasonable zoning restrictions." The initiative needs 150,000 valid voter signatures by July to qualify for the 2018 ballot.
Wyoming Marijuana Edibles Penalties Bill Gets Tightened. A bill that originally created a tiered penalty system for both marijuana and marijuana edibles earlier had its provisions relating to marijuana removed, and now a Senate committee has further tightened the bill to make possession of more than three grams of edibles a felony and has increased the period for which past offenses would be considered from five years to 10 years. The committee taking a hatchet to House Bill 197 is the Senate Judiciary Committee. The bill had passed the House largely intact.
North Dakota Senate Okays Changes to Voter-Approved Medical Marijuana Initiative. The Senate voted Wednesday to approve Senate Bill 2344, which imposes tougher restrictions and more oversight than the initiative approved by voters in November. The bill sets steep fees for patients and providers and allows the Health Department to inspect patients' homes with 24-hour notice and medical marijuana facilities with no notice. On the upside, it also allows for smoking medical marijuana and lowers the age for classification as minor from 21 to 19. The bill now heads to the House.
Trump Considers Eliminating ONDCP, the Drug Czar's Office. The White House Office of Management and Budget has proposed cutting nine government programs, including the Office of National Drug Control Policy (ONDCP -- the drug czar's office). Unsurprisingly, the move is generating pushback from law enforcement, the drug treatment complex, and some legislators. Stay tuned.
Arkansas Welfare Drug Testing Bill Passes House. A bill that would make permanent a pilot program requiring people seeking help from the Temporary Assistance for Needy Families (TANF) program to undergo drug screening and drug testing if deemed likely to be using drugs has passed the House. Senate Bill 123 has already passed the Senate, but now goes back for a housekeeping vote before heading to the governor's desk. The bill passed even though state Health Department officials testified that only two people had actually failed the drug test under the pilot program.
Edmonton Awaits Approval of Safe Injection Sites from Canadian Government. The province of Alberta and the city of Edmonton are ready to move ahead with safe injection sites and are now awaiting federal government approval. Local officials unveiled the locations of the proposed sites Wednesday. Last year, the Alberta government announced it would seek a federal exemption to set up "medically supervised injection services," and now it awaits action from the Liberal government in Ottawa.
Medical marijuana is keeping Arkansas legislators and regulators busy, Kentucky and West Virginia see full-fledged medical marijuana bills filed, a CBD cannabis oil bill heads to the governor's desk in Indiana, and more.
Last Thursday, the House approved a bill banning military members from becoming registered caregivers. The body approved House Bill 1451. Bill sponsor Rep. Douglas House (R-North Little Rock) said federal law prevents military members from acting in that capacity. The measure now goes to the Senate.
Also last Thursday, a bill that would ban smoking medical marijuana was introduced. State Sen. Jason Rapert (R-Conway) filed Senate Bill 357, which would make it illegal to consume medical marijuana by smoking it. The bill also removes a provision in the current law that bars landlords from prohibiting the use of non-smoked medical marijuana, leaving renters wondering if landlords will just bar any use of medical marijuana.
On Sunday, a new poll found support for smoking medical marijuana and not waiting for the feds. A new Talk Business and Politics/Hendrix College poll had 50% in support of allowing medical marijuana to be consumed by smoking, with only 41.5% opposed. A bill to bar the use of smoked medical marijuana is before the legislature. Similarly, 51.5% opposed waiting for the federal government to legalizes medical marijuana, while 42% were in favor.
On Tuesday, a state panel approved new medical marijuana rules. The state Medical Marijuana Commission approved final rules governing how the state's medical marijuana system will be regulated. Next comes a public hearing set for March 31, and then the rules must be approved by the state legislature, which must happen before May 8. After that, the commission will use the rules to determine who gets licenses to grow and sell medical marijuana.
On Tuesday, a CBD cannabis oil bill was headed for the governor's desk. The House passed Senate Bill 15 on a 98-0 vote. The Senate had approved the bill last week, so it now goes to the desk of Gov. Eric Holcomb (R). The bill would allow people with epilepsy to use CBD cannabis oil.
On Monday, a CBD expansion bill was filed. The state currently allows the possession of CBD cannabis oil for the treatment of epilepsy, but it's illegal to manufacture or distribute it there, rendering the current law unworkable. A bill filed by Public Safety Committee Chair Rep. Clel Baudler (R-Greenfield), House Study Bill 132 seeks to begin to break that impasse by allowing the University of Iowa's Carver School of Medicine to recommend which conditions would qualify for use of CBD cannabis oil. But Baudler said another bill would be necessary to expand access.
Last Friday, a medical marijuana bill was filed. Freshman Rep. John Sims (D-Fleminsburg) has filed a medical marijuana bill, House Bill 411, which would give doctors the ability to recommend medical marijuana for patients. Sims said he saw the bill as a tool for reducing opioid addiction in his state.
On Monday,a funding measure for the medical marijuana system won a Senate committee vote. The Senate Appropriations Committee has approved a funding measure that allocates a little over $1 million to oversee implementation of the state's new voter-approved medical marijuana law. The Health Department told legislators it does not expect any revenue from the program this year, but it should generate $1.3 million in revenues over the next two years and be self-supporting at that point.
On Tuesday, a medical marijuana bill advanced. A House panel voted 3-0 Tuesday to advance House Bill 3128, a full-fledged medical marijuana bill that includes provisions for dispensaries. The bill now goes to the full Medical Military and Municipal Affairs Committee.
On Tuesday, a medical marijuana bill was filed. Sen. Richard Ojeda (D-Logan) and a handful of cosponsors introduced Senate Bill 386. The measure would set up a commission to license medical marijuana growers and regulate distribution of the medicine through dispensaries. It's been sent to the Senate Health and Human Resources Committee.
Last Tuesday, a medical marijuana initiative signature gathering campaign petered out. Medical marijuana will not be on the ballot next year. Organizers of a signature-gathering campaign failed to hand in signatures to the secretary of state's office by the Valentine's Day deadline. Organizers said they will continue to fight to bring medical marijuana to the Cowboy State.
[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]
An Oregon effort to protect marijuana using job seekers gets hammered by employers, the Arkansas commission charged with crafting rules and regs for medical marijuana has approved final rules, asset forfeiture reform has passed the North Dakota House, Bolivian coca farmers are unhappy, and more.
[image:1 align:right caption:true]Marijuana Policy
Oregon Bill to Block Employers From Firing Workers for Marijuana Use Gets Rough Reception. A bill that would protect workers from using state-legal marijuana during their off hours ran into a storm of opposition at a hearing Tuesday. Senate Bill 301 would bar employers from refusing to hire workers merely because of a positive test result for pot, but employers complained that the bill would violate federal law and that there is no scientific means of determining whether someone who tests positive is still under the influence. The hearing was before the Senate Judiciary Committee. No vote was taken.
Arkansas Commission Approves Medical Marijuana Rules. The state Medical Marijuana Commission Tuesday approved final rules governing how the state's medical marijuana system will be regulated. Next comes a public hearing set for March 31, and then the rules must be approved by the state legislature, which must happen before May 8. After that, the commission will use the rules to determine who gets licenses to grow and sell medical marijuana.
Indiana CBD Bill Heads for Governor's Desk. The House passed Senate Bill 15 on a 98-0 vote Tuesday. The Senate had approved the bill last week, so it now goes to the desk of Gov. Eric Holcomb (R). The bill would allow people with epilepsy to use CBD cannabis oil.
South Carolina Medical Marijuana Bill Advances. A House panel voted 3-0 Tuesday to advance House Bill 3128, a full-fledged medical marijuana bill that includes provisions for dispensaries. The bill now goes to the full Medical Military and Municipal Affairs Committee.
North Dakota House Passes Asset Forfeiture Reform Bill. The House voted 50-42 Wednesday to approve House Bill 1170, which would end civil asset forfeiture by requiring a prior criminal conviction before property could be seized, and which would require that any revenues from seizures go to the state's general fund instead of to law enforcement. The measure now heads to the Senate.
Bolivian Coca Farmers Clash With Police Over Cultivation Limits. Angry coca farmers threw rocks, fireworks, and sticks of dynamite as they clashed with police outside the Palacio Quemado, the seat of government and official residence of President Evo Morales in La Paz. That was the second day of clashes sparked by the government's move to limit coca cultivation to 50,000 acres. The government says local demand only requires about 40,000 acres, but the farmers say that figure is too low.
This article was produced in collaboration with AlterNet and first appeared here.
An Arizona Republican congressman has defended the notion of building a border wall by claiming it could prevent a nuclear weapon being smuggled into the United States concealed in a bale of marijuana.
[image:1 align:left]Rep. Trent Franks (R-AZ) made the comments Wednesday in a discussion with CNN's Brianna Keilar about President Trump's proposed $21 billion border barrier.
"The reality, Brianna, is that we have to measure all of the costs, ancillary and otherwise, and make the best decision that we can. But I can suggest to you that there are national security implications here for a porous border. We sometimes used to make the point that if someone wanted to smuggle in a dangerous weapon, even a nuclear weapon, into America, how would they do it? And the suggestion was made, 'Well, we'll simply hide it in a bale of marijuana,'" Franks said.
"So the implications of a porous border have national security dimensions that are very significant and that bear a lot of conversation when we talk about costs," he said.
Franks pointed to no evidence of loose nuclear weapons floating around Mexico, nor did he explain why presumed nuke-smugglers would choose to try to hide their weapon in something the US Border Patrol is already looking for, as opposed to, say, a semi-trailer truck going through a port of entry with a load of legal commodities or a boat simply sailing into the Houston Ship Channel.
Still, the Mexican marijuana nuke threat is one that Franks has addressed before. As his website notes, he raised the specter of Hezbollah smuggling marijuana nukes into the US in a House floor speech back in 2012.
"Specifically imagine for a moment, Mr. Speaker, the scenario of Hezbollah, one of Iran's terrorist proxies, gaining possession of just two nuclear warheads and bringing them across the border into the United States concealed, say, in bales of marijuana," he said, "then transporting them into the heart of two different, crowded, unnamed cities. Then calling and telling the White House exactly when and where the first one will be detonated, and then following through 60 seconds later."
That's right: Hezbollah is going to attack us with nuclear bombs hidden inside bales of Mexican brick weed. You can't make this stuff up.
Here's Franks' exchange with Keilar, via CNN:
Chronicle AM: Dutch Move on Legal MJ Grows, Marijuana in TX Poll for Legalization, More... (2/21/17)
The Dutch are finally doing something to address their "back door" problem of lack of legal supply for the country's pot shops, a new Texas poll has majority support for legalization, a Vermont pot legalization bill gets a hearing later this week, and more.
[image:1 align:left]Marijuana Policy
California Bill Would Block Police, Local Officials From Helping Any Federal Crackdown on Weed. Assemblyman Reggie Jones (D-Los Angeles) and five cosponsors filed Assembly Bill 1578 last Friday in response to the election of Donald Trump. The bill would bar the use of state funds, property, or equipment to "investigate, detain, detect, report, or arrest" anyone who is acting in accordance with the state's medical and recreational marijuana laws.
Texas Poll Has Majority Support for Legalization. A new University of Texas/Texas Tribune poll has support for legalized marijuana at 53%, with another 30% saying it should be legal only for medical purposes. Meanwhile, the number of people who oppose any form of legalization has dropped to 16%. "The number of people who want to keep marijuana completely illegal decreased by seven points," said poll co-director Jim Henson. "The commensurate shift is in Republicans saying small amounts should be legal, and those who said any amount should be legal increased by six points. The other thing that may be going on here is the possible disappearance of the medium ground. It reminds me of what happened with gay marriage, where people often chose the civil union option. A similar thing is happening with medical marijuana as a kind of way station."
Vermont Legalization Bill Gets Hearing This Week. The House Judiciary Committee will hear testimony Thursday on House Bill 170, which would legalize the possession of up to two ounces of pot and the cultivation of two mature and seven immature pot plants, but does not allow for legal marijuana commerce. A broader legalization bill was defeated last year.
Arkansas Poll Finds Support for Smoking Medical Marijuana, Not Waiting for Feds. A new Talk Business and Politics/Hendrix College poll had 50% in support of allowing medical marijuana to be consumed by smoking, with only 41.5% opposed. A bill to bar the use of smoked medical marijuana is before the legislature. Similarly, 51.5% opposed waiting for the federal government to legalizes medical marijuana, while 42% were in favor.
Iowa CBD Expansion Bill Filed. The state currently allows the possession of CBD cannabis oil for the treatment of epilepsy, but it's illegal to manufacture or distribute it there, rendering the current law unworkable. A bill filed Monday by Public Safety Committee Chair Rep. Clel Baudler (R-Greenfield), House Study Bill 132 seeks to begin to break that impasse by allowing the University of Iowa's Carver School of Medicine to recommend which conditions would qualify for use of CBD cannabis oil. But Baudler said another bill would be necessary to expand access.
North Dakota Senate Committee Approves Medical Marijuana Funding. The Senate Appropriations Committee has approved a funding measure that allocates a little over $1 million to oversee implementation of the state's new voter-approved medical marijuana law. The Health Department told legislators it does not expect any revenue from the program this year, but it should generate $1.3 million in revenues over the next two years and be self-supporting at that point.
West Virginia Medical Marijuana Bill Filed. Sen. Richard Ojeda (D-Logan) and a handful of cosponsors introduced Senate Bill 386 Tuesday. The measure would set up a commission to license medical marijuana growers and regulate distribution of the medicine through dispensaries. It's been sent to the Senate Health and Human Resources Committee.
Kentucky Bill Would Require Welfare Drug Testing. Rep. C. Wesley Morgan (R-Richmond) filed House Bill 528 last Friday. The measure require people seeking public assistance to be screened for possible drug use, with those deemed suspect required to take and pass a drug test.
Dutch Parliament Lower Chamber Votes to Approve Legal Marijuana Cultivation. Three decades after the Dutch allowed for the operation of cannabis cafes, the government is finally moving to allow a legal supply for them. The lower chamber of parliament narrowly approved a bill to allow for legal commercial marijuana Tuesday, but it must still pass the Senate.
Chronicle AM: Trump Could Cut Drug Czar Office, Thousands Protest Duterte's Drug War, More... (2/20/17)
The drug czar's office could be on Trump's chopping block, asset forfeiture reform advances in two states, a Washington state legislator tries to sic the Justice Department on Seattle, and more.
[image:1 align:right]Marijuana Policy
California Bill to Protect Kids From Weed Would Allow Cops to Inspect Pot Businesses. Assemblyman Adam Gray (D-Merced) has filed Assembly Bill 729, which he said is aimed at putting "safeguards in place" to keep marijuana out of the hands of children. Among its provisions are allowing law enforcement to enter and conduct inspections of pot businesses, requiring retailers to "maintain an unobstructed view for law enforcement into their establishment," and allowing underage sting operations aimed at retailers.
Colorado Bill Would Allow Home Delivery of Weed. A bill filed last week would allow for the home delivery of recreational and medical marijuana. Senate Bill 192 is modeled after Oregon's newly launched home delivery regulations. "This hopefully solves some of the problems as it relates to people concerned about marijuana DUIs or sick patients who don't have access to dispensaries," said lead cosponsor Rep. Jonathan Singer (D-Longmont).
Arkansas House Approves Bill Banning Military Members from Becoming Registered Caregivers. The body approved House Bill 1451 last Thursday. Bill sponsor Rep. Douglas House (R-North Little Rock) said federal law prevents military members from acting in that capacity. The measure now goes to the Senate.
Arkansas Bill Would Ban Smoking Medical Marijuana. State Sen. Jason Rapert (R-Conway) last Thursday filed Senate Bill 357, which would make it illegal to consume medical marijuana by smoking it. The bill also removes a provision in the current law that bars landlords from prohibiting the use of non-smoked medical marijuana, leaving renters wondering if landlords will just bar any use of medical marijuana.
Kentucky Medical Marijuana Bill Filed. Freshman Rep. John Sims (D-Fleminsburg) has filed a medical marijuana bill, House Bill 411, which would give doctors the ability to recommend medical marijuana for patients. Sims said he saw the bill as a tool for reducing opioid addiction in his state.
Wyoming Medical Marijuana Initiative Campaign Ends. Medical marijuana will not be on the ballot next year. Organizers of a signature-gathering campaign failed to hand in signatures to the secretary of state's office by the Valentine's Day deadline. Organizers said they will continue to fight to bring medical marijuana to the Cowboy State.
Federal Bill Would Use Seized Cartel Assets to Build Border Wall. Rep. James Sensenbrenner (R-WI) has filed House Resolution 1067, which would order the Justice Department to issue a report on Mexican drug trafficking organization profits and how the DOJ could "increase assets seized by such cartels" to build President Trump's promised border wall. He's even got a name for the bill that creates a nifty acronym: the "Build Up Illegal Line Defense With Assets Lawfully Lifted (BUILD WALL) Act of 2017.
Arizona Asset Forfeiture Reform Bill Advances. A bill that would require prosecutors to set a higher evidentiary standard -- from "preponderance of the evidence" to "clear and convincing evidence" -- is advancing in the House. House Bill 2477 cleared the Federalism, Property Rights & Public Policy by a 9-0 vote last Tuesday, and passed the Judiciary and Public Safety Committee by the same margin last Wednesday.
North Dakota Asset Forfeiture Reform Bill Advances. A bill that would end civil forfeiture in most cases has passed the House Judiciary Committee. House Bill 1170 now heads for a House floor vote.
White House Could Cut Funding for Drug Czar's Office. The New York Times reported last Friday that the Office of National Drug Control Policy (ONDCP -- the drug czar's office) is on an Office of Management and Budget "hit list" of programs that could be eliminated to reduce federal spending.
Washington State Republican Asks Justice Department to Block Seattle Safe Injection Sites. State Sen. Mark Miiloscia (R-Federal Way) has sent a letter to Attorney General Jeff Sessions asking him to block Seattle and King County from opening supervised injection sites for drug users. An avowed opponent of the harm reduction measure, Miloscia has already authored a bill in the legislature to block it.
More Than a Dozen Dead in Mexico Border Town Shoot-Outs. More prohibition-related violence broke out in Reynosa over the weekend, with at least 13 people killed in gun battles between cartel members and in fighting between authorities and the cartels.
Thousands March in Manila Against Duterte's Drug War. Thousands of Filipino Catholics gathered in Manila Sunday in a "show of force" to protest extrajudicial killings carried out in the name of President Rodrigo Duterte's drug war. Organizers estimated the crowd at 20,000, the largest rally yet against the mass killings.
Chronicle AM: AL Bill Has Mandatory Life w/o Parole for Possessing Ounce of Fentanyl, More... (2/17/17)
The Alabama legislature ponders harsh drug sentences not seen since the last century, decriminalization is picking up some support in Texas, China announces scheduling controls on fentanyl, and more.
[image:1 align:right caption:true]Marijuana Policy
Cannabis, Drug Policy Reform Advocates Commend Congressional Members on Formation of Congressional Cannabis Caucus. In a joint statement Thursday, major marijuana and drug reform groups commended congress members for forming the Congressional Cannabis Caucus, led by Reps. Earl Blumenauer (D-OR), Dana Rohrabacher (R-CA), Jared Polis (D-CO), and Don Young (R-AK). After commending the representatives, the joint statement noted that "the establishment of a Cannabis Caucus will allow members from both parties, who represent diverse constituencies from around the country, to join together for the purpose of advancing sensible cannabis policy reform. It will also facilitate efforts to ease the tension between federal prohibition laws and state laws that regulate cannabis for medical and adult use."
Texas Decriminalization Bill Picks Up Some Support. Law enforcement officials joined House Criminal Jurisprudence Committee Chairman Joe Moody (D-El Paso) at the capitol Thursday to express support for a measure to decriminalize the possession of up to an ounce of weed, House Bill 81. The bill is currently before the committee. Harris County, the state's most populous, just announced plans to institute decriminalization there.
Georgia Senate Passes Medical Marijuana Bill, But Advocates Say It's a Step Backwards. The Senate Thursday approved Senate Bill 16, but advocates said it was a retreat because it lowers the amount of allowable THC in cannabis oil from 7% to 3%. Some senators wanted to reduce it to 1%. The bill now goes to the House, where Rep. Allen Peake (R-Macon), who wrote the original CBD bill, said he hopes to rewrite it to restore the 7% figure.
Utah Medical Marijuana Research Bill Wins Committee Vote. The Senate Health and Human Services Committee voted Thursday to approve House Bill130, which would allow universities in the state to do research on the medicinal effects of marijuana. The bill has already passed the House and now awaits a Senate floor vote.
Arizona Industrial Hemp Bill Advances. A bill that would legalize the production and processing of industrial hemp has passed two key committees. Senate Bill 1337 passed the Public Safety Committee on a 6-1 vote Monday and the Appropriations Committee Tuesday on a 10-0 vote. It still needs to go before the Senate Rules Committee before it heads for a floor vote.
North Dakota Asset Forfeiture Reform Bill Advances. The House Judiciary Committee approved House Bill 1170 on an 11-4 vote Thursday. The bill would require a criminal conviction before property could be seized in most situations and bans prosecutors from circumventing state law by handing cases off to the federal government. The measure now heads for a House floor vote.
Alabama Bills Would Increase Heroin, Fentanyl Sentences. Under bills currently before the state legislature, prison sentences would go up for people who possess or sell heroin and fentanyl. Under one bill, anyone convicted of their possession would face mandatory prison sentences, and under another, Senate Bill 154, people possessing as little as one ounce of fentanyl would face a mandatory sentence of life without parole. The state instituted sentencing reforms several years back; some legislators worry these bills would undo those efforts.
China Announces Scheduling Controls of Carfentanil and other Fentanyl Compounds. China announced Thursday that it will begin scheduling controls of four fentanyl-class substances -- carfentanil, furanyl fentanyl, valeryl fentanyl, and acryl fentanyl -- beginning March 1. Chinese pharmaceutical factories have been identified as major producers of the synthetic opioids, which are linked to thousands of drug overdose deaths in the US.