Asset Forfeiture (STDW)

Chronicle AM: Feds Cracking Down on Fentanyl OD Deaths, OK Revises MedMJ Rules, More... (7/30/18)

Mon, 07/30/2018 - 20:59

A bill to protect marijuana-using federal workers in states where it is legal is filed, federal prosecutors are going hard after dealers linked to fatal fentanyl overdoses, the Republic of Georgia ends administrative punishments for marijuana use, and more.

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

New Federal Bill Would Block Federal Government from Firing Workers for Positive Pot Test Results in States Where It Is Legal. US Reps. Charlie Crist (D-FL) and Drew Ferguson (R-GA) filed the "Fairness in Drug Testing Under State Law Act" last Thursday. The bill would protect federal workers from being fired for testing positive for marijuana if they reside "in a state where that individual's private use of marijuana is not prohibited." The bill is not yet available on the congressional website.

Oklahoma Legalization Initiative Campaign in Final Days of Signature-Gathering. Green the Vote announced Sunday that it now has more than 132,000 raw signatures aimed at earning a place on the ballot for its legalization initiative, State Question 797. The group needs about 124,000 valid voter signatures and has until August 8 to hand in more signatures. The rule of thumb is that 20% to 30% of raw signatures may be found invalid, meaning Green the Vote can't really rest easy until it has around 180,000 raw signatures. Even if the group comes up with enough valid signatures, it would still face timeline to being approved for the November ballot because it is bumping up against deadlines for getting the measure approved by the governor and the state supreme court.

Medical Marijuana

Oklahoma Health Officials Revise Proposed Medical Marijuana Rules. The Department of Health last Friday released new proposed medical marijuana rules that remove some of the most criticized provisions of its first swing at the issue. The rules no longer ban the sale of smokable marijuana or require female patients to get a pregnancy test (!). The department also ditched a rule that limited the amount of THC in marijuana products.

Asset Forfeiture

Coalition of Public Policy Groups Calls on House to Limit Civil Asset Forfeiture. A broad coalition of public policy organizations last Thursday submitted a letter to the US House of Representatives, urging members of Congress to limit civil asset forfeiture through amendments to the Commerce, Justice, Science, and Related Industries (CJS) appropriations bill. "Current law allows law enforcement to confiscate property from innocent Americans without charging anyone with a crime," the letter says. "When citizens object, they encounter a system that is stacked against them procedurally and that treats them as presumptively guilty. This unpopular practice, known as civil forfeiture, is an affront to property rights and civil liberties and must be banned or reformed as soon as possible, but the immediate priority should be to amend the CJS appropriations bill when it is considered in the House of Representatives in order to roll back the Department of Justice's unjustified expansion of this practice. Click on the link to a see a list of the signatory groups.

Heroin and Prescription Opioids

The Feds Are Prosecuting Fentanyl Overdose Deaths as Homicides in Crackdown on Opioid Dealers. Federal prosecutors are increasingly treating fentanyl overdose deaths as homicides as they crack down by punishing opioid dealers with ever more severe prison sentences. They are using charges that carry lengthy mandatory minimum sentences. In one case, a dealer charged with distributing fentanyl that resulted in the overdose of a New Hampshire man got a 20-year mandatory minimum sentence. Federal fentanyl prosecutions have nearly tripled, with 51 cases in FY 2016 to 181 in FY 2017. Last year, 95 people nationwide received federal prison sentences for distributing drugs resulting in death or serious injury, nearly double the number in 2014, according to the US Sentencing Commission.

International

Georgia Constitutional Court Outlaws All Punishment for Marijuana Consumption. The Constitutional Court ruled Monday that people can no longer be hit with administrative punishments, such as fines, for using marijuana. The decision goes into effect immediately and comes eight months after the same court abolished criminal penalties for marijuana use. Using marijuana is "an action protected by the right to a person's free development," the court held. Cultivation and distribution of marijuana remain criminal offenses.

Categories: Asset Forfeiture

Chronicle AM: Senate Votes for Legal Hemp, State Department Pushes Aerial Coca Eradication, More... (6/29/18)

Fri, 06/29/2018 - 21:04

The US Senate votes to legalize hemp, the State Department gets behind Colombia's plan to reintroduce aerial fumigation of coca crops, an Arizona court rules that hash isn't medical marijuana, and more.

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

Arizona Appeals Court Rules Patients Face Can Be Arrest For Hashish. The state Court of Appeals ruled Tuesday that medical marijuana patients can still be arrested for possessing hashish because it wasn't included by name in the voter-approved medical marijuana initiative in 2010. The ruling came in the case of card-carrying patient Rodney Jones, who was caught with 0.05 ounces of hash. After spending more than a year in jail, he waived his right to a jury trial, but not his right to appeal. "If the drafters wanted to immunize the possession of hashish they should have said so," the ruling said. "We cannot conclude that Arizona voters intended to do so." Arizona Attorneys for Criminal Justice, which is supporting Jones, said the ruling will be appealed to the state Supreme Court.

Oklahoma Sees First Medical Marijuana Clinic. That didn't take long. Just hours after the polls closed Tuesday and voters approved a medical marijuana initiative, the Tulsa Higher Care Clinic opened for business. The clinic provides doctors who will write medical marijuana recommendations, but it isn't selling any product… yet.

Hemp

US Senate Votes to Legalize Hemp. The Senate passed the omnibus Farm Bill Thursday, and that bill includes an amendment from Senate Majority Leader Mitch McConnell (R-KY) that legalizes the cultivation, processing, and sale of hemp. For years, the DEA has refused to recognize hemp as distinct from marijuana, but that distinction will be enshrined in law if the bill is signed into law. "Consumers across America buy hundreds of millions in retail products every year that contain hemp," McConnell said in a floor speech on Thursday. "But due to outdated federal regulations that do not sufficiently distinguish this industrial crop from its illicit cousin, American farmers have been mostly unable to meet that demand themselves. It's left consumers with little choice but to buy imported hemp products from foreign-produced hemp."

Asset Forfeiture

Idaho Civil Asset Forfeiture Reforms Go into Effect on Sunday. Reforms passed by the legislature and signed into law earlier this year go into effect on Sunday. The new law doesn't end civil asset forfeiture but does ban the seizure of vehicles for simple drug possession, requires that a connection is shown between seized property and a crime, and states that simple possession of a large amount of cash isn't grounds for it to be seized. The bill also requires for the first time statewide reporting of civil forfeitures and includes a provision allowing people accused of crimes to retain their property until found guilty.>

Foreign Policy

State Department Supports Resumption of Aerial Coca Eradication in Colombia. The US State Department Thursday expressed its support for resuming aerial coca spraying in Colombia. "The United States believes that all tools must be used to reverse the sharp increase in cocaine production," a department spokesperson said. Aerial fumigation was banned in 2015 because of environmental damage and health concerns for residents of areas being sprayed. Colombia produced a record amount of cocaine last year.

Categories: Asset Forfeiture