Drug War Chronicle

comprehensive coverage of the War on Drugs since 1997

Chronicle AM: FDA Opens Public Comment on International Scheduling of New Drugs, More... (8/15/17)

It's the mid-August doldrums, but the FDA has opened public comment on whether and where to schedule a bunch of new drugs -- and CBD! -- under the international drug control treaties, the NBA's commissioner hints he's softening his stance on marijuana, and more.

A bunch of fentanyl analogs are among the new drugs -- and CBD! -- being considered for global scheduling. (Wikimedia)
Medical Marijuana

NBA Head Hints Openness to Examining Medical Marijuana. National Basketball Association (NBA) Commissioner Adam Silver, who has been a staunch foe of relaxing the league's marijuana policy, hinted on a recent trip to Israel that he may be changing his mind. When asked by a reporter about whether the NBA would follow the more pot-friendly NFL's lead, Silver responded thusly in remarks quoted by Uproxx: "I would say it's something we will look at," Silver said. "I'm very interested in the science when it comes to medical marijuana. My personal view is that it should be regulated in the same way that other medications are if the plan is to use it for pain management. And it's something that needs to be discussed with our Players Association, but to the extent that science demonstrates that there are effective uses for medical reasons, we'll be open to it. Hopefully there’s not as much pain involved in our sport as some others, so there’s not as much need for it."

Maryland Regulators Approve Eight More Cultivation Licenses. The state's medical marijuana regulators on Monday gave final approval for licenses for eight medical marijuana cultivation companies. Previously, only one grower had received a license. More growers are needed to provide product for the state's anticipated 102 dispensaries.

Drug Policy

FDA Opens Public Comment on New Drugs Considered for International Scheduling. The Food and Drug Administration (FDA) has published a notice in the Federal Register announcing a 30-day public comment period for persons or organizations wishing to weigh in on whether and where a number of unscheduled drugs should be included in the restrictive drug schedules of the 1971 Convention on Psychotropic Substances. The substances under consideration include several fentanyl analogs, some new psychoactive substances (AB-PINACA, AB-CHMINACA), pregabalin, tramadol, ketamine, and cannabidiol. You have until September 13 to file comments.

Chronicle AM: NIH Awards Grant to Study MedMJ and Opioids, Hawaii Dispensary Woes, More... (8/14/17)

The National Institute of Health is ready to see what impact medical marijuana can have on opioid use, Hawaii's first dispensary hits a (temporary) regulatory hurdle, human rights groups warn on the Philippines and Indonesia, and more.

Can medical marijuana help with chronic pain and reduce opioid dependence? NIH pays to find out. (Creative Commons)
Marijuana Policy

Marianas Islands Legalization Bill Refiled. Sen. Sixto Igisomar has refiled a marijuana legalization bill, Senate Bill 20-62. This version of the bill is not yet available on the Commonwealth of the Northern Marianas Islands legislative website, but last year's version is available here. The bill would not legalize marijuana by itself, but would allow a popular vote on the question: "Should the commonwealth legalize and regulate marijuana by approving the CNMI Cannabis Act of 2018?" If approved by a majority of voters, it would then become law.

Medical Marijuana

NIH Awards Grant to Study Marijuana and Opioid Addiction. The National Institute of Health last week awarded a $3.8 million grant to researchers at the Albert Einstein College of Medicine and Montefiore Health System to study the effects of medical marijuana on opioid use and addiction. The study will examine chronic pain patients suffering from HIV in hopes of developing rigorous evidence to back a growing number of anecdotal claims that marijuana can reduce the resort to opioid pain relievers and treat the associated pain.

Hawaii's First Dispensary Temporarily Shuttered By Bureaucratic Delays. Maui Grown Therapies, the state's first permitted medical marijuana dispensary, had to suspend sales just five days after opening due to supply issues because of delays at the Hawaii State Labs Division. The dispensary was set to begin sales to walk-in customers Monday, but now has to hold off until, it hopes, Wednesday.

International

Is Indonesia Embracing Philippines-Style Drug War? Death Toll Mounts. Amnesty International has reported that at least 55 people have been killed under an apparent "shoot on sight" policy aimed at drug offenders in the archipelago. The victims were killed "without judicial process," the human rights group noted. President Joko Widodo and National Police Chief General Tito Karnavian have repeatedly expressed frustration with drug trafficking and what they call lenient punishment for them. On June 21, Widodo reiterated an earlier order for law enforcement to shoot drug dealers without compunction.

Human Rights Watch Says Philippines Drug Testing of College Students Threatens Their Safety. The Philippines Commission on Higher Education has approved a plan for mandatory drug testing of college students, but Human Rights Watch warns that "mandatory drug testing of students puts them in the crosshairs of Duterte's abusive drug war, risking the creation of school-to-cemetery track for students testing positive for drugs." The rights group also scored the plan because it allows police to "carry out any drug-related operation within the school premises," allowing "police to extend their anti-drug operations to colleges and university campuses, putting students at grave risk." More than 8,000 people have been killed since President Duterte unleashed his brutal crackdown last year.

Chronicle AM: CA Judge Rules for Growers, CT Judge Rules for Patient, More... (8/11/17)

Federal judges stuck up for California marijuana growers and a Connecticut medical marijuana patient, another Seattle suburb goes NIMBY on safe injection sites, and more.

Connecticut fed judge: Medical marijuana user denied job for positive drug test can sue. (Wikimedia.org)
Marijuana Policy

California Federal Judge Blocks Prosecution of Marijuana Growers. A federal district court judge in San Francisco ruled on Tuesday that federal prosecutors cannot move forward with their prosecution of two Humboldt County pot growers because the pair was in compliance with state laws. Judge Richard Seeborg held that the Rohrabacher-Farr amendment blocked such prosecutions, and the case is closed unless or until that amendment expires.

Nevada Opens Up Marijuana Distribution Rights. The state Department of Taxation concluded Thursday that there weren't enough liquor distributors who wanted to transport marijuana to pot shops and decided to open the business up to other potential distributors. "The capacity of only liquor wholesalers to serve the market seems lacking," said Deonne Contine, executive director of the tax department, in remarks reported by the Las Vegas Review-Journal. "I think the evidence is fairly clear today that this market needs to be opened up," she said.

Medical Marijuana

Connecticut Federal Judge Rules Employee Not Hired Because of Medical Marijuana Can Sue. A federal district court judge in New Haven ruled on Tuesday that a woman who was using medical marijuana in compliance with state law can sue an employer who rescinded her job offer after she tested positive for marijuana. The woman had previously disclosed her medical marijuana use and had quit her former job when, one day before she was supposed to begin her new job, the company notified her it was rescinding the offer. The ruling echoes one last month in Maine's Supreme Judicial Court, and may signal the beginning of judicial recognition of the employment rights of medical marijuana users.

Arkansas Hasn't Seen Any Grow or Dispensary Applications Yet. With the state halfway through its application period for medical marijuana grow and dispensary licenses, state officials said Friday that they had yet to receive any applications, but they weren't worried. "We are not concerned, as we understand the applications require detailed and specific information that will take time to complete," Department of Finance and Administration spokesman Scott Hardin told the Associated Press. "Applicants are likely performing their due diligence to provide quality applications." The deadline for applications is September 18.

Harm Reduction

Another Seattle Suburb Rejects Safe Injection Sites. The city council in south suburban Federal Way voted Tuesday night to ban safe injection sites in the city. The vote comes after a King County task force recommended opening two safe injection sites in the county, which includes Seattle. Another Seattle suburb, Bellevue, approved a similar NIMBY ban just days ago. One safe injection is set for Seattle; the other is supposed to open in one of the suburbs.

The 2017 International Drug Policy Reform Conference, October 11-14, Atlanta

DPA conference vigil, Albuquerque, 2009
The 2017 International Drug Policy Reform Conference will convene in Atlanta, Georgia on October 11-14. More than 1,500 people who believe the war on drugs has failed will be in attendance to network, to strategize and to lift up policies grounded in science, compassion, health and human rights.

Attendees will join a broad range of drug policy stakeholders -- activists, academics, healthcare and public health advocates, veterans, formerly incarcerated people, elected officials, students, and many others from around the country and across the globe!

This year, attendees will have the opportunity to spend three days deepening connections with people committed to finding alternatives to the war on drugs while participating in sessions facilitated by leading experts.

Visit http://www.reformconference.org to register. Get updates on the Reform Conference on Facebook and Twitter, and follow hashtag #NoMoreDrugWar.

There is an early bird registration rate available until August 25.

Atlanta, GA
United States

Chronicle AM: Trump Says He Will Declare National Emergency on Opioids, More... (8/10/17)

The president says he will formally declare a national emergency on the opioid crisis, Latino legislators embrace marijuana legalization, Utah medical marijuana supporters can begin signature-gathering for their initiative, and more.

The president will declare a national emergency on the opioid crisis, he said Thursday. (Wikimedia/Gage Skidmore)
Marijuana Policy

Latino State Legislators Call for Marijuana Legalization. The National Hispanic Caucus of State Legislators adopted a resolution Wednesday calling for marijuana legalization. The group, which represents Latino legislators across the country, cited legalization's impact on reducing the black market and providing tax revenues, as well as the racist origins of marijuana prohibition.

Texas Bill to Reduce Pot Penalties Gets Hearing. The House Criminal Jurisprudence Committee held a hearing Wednesday on House Bill 334, which would decriminalize the possession of small amounts of marijuana. The bill was introduced last month by committee Chairman Joe Moody (D-El Paso) for the legislature's special session. The bill would decriminalize someone's first three pot possession offenses, but prosecutors could charge a misdemeanor for a fourth offense. No vote was taken.

Medical Marijuana

New York Proposes Regs to Expand State's Medical Marijuana Program. The state Health Department has released new proposed regulations that would ease access to the program. Among the proposals are reducing security requirements for registered groups, shortening the length of the course doctors must take to be able to recommend medical marijuana, and allowing two more types of marijuana products to be sold.

Utah Initiative Backers Get Okay to Begin Signature Gathering. The Utah Patients Coalition has received permission from state officials to begin signature gathering for their medical marijuana initiative. The group will need 113,000 valid voter signatures before April 15, 2018.

Heroin and Prescription Opioids

Trump Says He Will Declare National Emergency on Opioids. President Trump said on Thursday that the opioid epidemic is a national emergency and that he will act to officially declare it so. "The opioid crisis is an emergency and I'm saying officially right now it is an emergency," Trump said in remarks reported by Reuters. "We're going to draw it up and we're going to make it a national emergency. It is a serious problem, the likes of which we have never had." Trump's announcement comes a week after a White House commission on the opioid crisis urged him to declare a national emergency. The move could free up more resources to fight the overdose epidemic and give the government more flexibility to deal with the crisis.

Asset Forfeiture

Pair of Congressmen Urge Sessions to Reconsider on Asset Forfeiture. US Reps. John Conyers (D-MI) and Jim Sensenbrenner (R-WI) have sent a letter to Attorney General Jeff Sessions objecting to his plan to expand the Justice Department's civil asset forfeiture program. "I am deeply disappointed by the Justice Department's recent move to reverse its ban on adoptive seizures," said Conyers in a statement. "The prior policy, which was instituted in January of 2015, greatly curtailed this practice, which provides financial incentives for law enforcement to seize the property -- including the homes -- of individuals who may not even be guilty of a crime. I call on Senator Sessions to withdraw the new policy, which is contrary to the growing bipartisan effort to reform our civil forfeiture laws and practices. Indeed, the time has come for Congress to enact the DUE PROCESS Act, a bipartisan bill to significantly alter these laws and increase protections for innocent property owners."

This Week's Corrupt Cops Stories

A Texas parole officer gets popped for getting pills from a parolee, a pair of California deputies get their hands slapped for stealing and reselling weed, a Texas jail guard gets nailed for collecting drug debts for a prisoner, and more. Let's get to it:

In San Antonio, Texas, a Bexar County jail guard was arrested last Tuesday on allegations she was collecting drug debts for an imprisoned dealer. Guard Rita Alvarez, an 11-year veteran, put at least a couple hundred dollars in the account of the prisoner -- the fruits of her collection activities. She is charged with engaging in organized criminal activity and "illegal barter."

In Denton, Texas, a state parole officer was arrested last Tuesday after allegedly obtaining hydrocodone pills from one of his parolees. Parole Officer Michael Lee Bush, 52, went down after Denton police saw him being handed pills in the parole office parking lot and then set up a controlled delivery with the parolee delivering more drugs to Bush as police watched. It's not clear what the precise charges against Bush are.

In Louisville, Kentucky, a former Bullitt County deputy was sentenced last Wednesday to three years in federal prison for slinging dope and hiding the proceeds. Christopher Mattingly, 40, admitted smuggling a thousand kilograms of weed from California, along with some meth, and engaging in money laundering to cover up his misdeeds. He copped to drug trafficking and money laundering charges earlier this year.

In Wetumpka, Alabama, a former Elmore County jail guard was sentenced last Friday to 4 ½ years in federal prison for smuggling drugs into the jail. Johntarance McCray, 23, had only nine months on the job when a search by supervisors as he reported to duty turned up six different controlled substances -- powder cocaine, crack cocaine, marijuana, meth, suboxone, and Xanax -- stuffed in his underwear. A subsequent search of his vehicle turned up more drugs, a loaded handgun, and hundreds of dollars in cash. Local reporting did not make clear what they exact charges were.

In Bakersfield, California, two former Kern County deputies were sentenced Monday to three years' probation for stealing weed from the evidence locker, turning it over to an informant to sell, and collecting the proceeds. Logan August and Derrick Penney also had to surrender drug profits made in the scheme. The pair was accused of working with now-imprisoned former Bakersfield police detective Andrew Mara, who went down for stealing and selling both weed and meth. The pair copped to one count of conspiracy to distribute and possess with the intent to distribute marijuana.

Medical Marijuana Update

Interest in the medical marijuana industry is high in North Dakota, Hawaii gets its first (and second) dispensaries, New Jersey ponders expanding qualifying conditions, and more.

Hawaii

On Tuesday, the state got its first dispensary. Maui Grown Therapies opened for business on in Kahului. It's the first dispensary in the state to be permitted and open its doors. The store was only open for a couple of hours Tuesday, with the owners saying they were doing a "soft opening." A second dispensary, Aloha Green, was set to open in Oahu on Wednesday.

Indiana

On Monday, a Republican lawmaker said he plans to file a medical marijuana bill to fight opioid overdoses. State Rep. Jim Lucas (R-Seymour) says he plans to file a medical marijuana bill in a bid to combat opioid abuse. He said he was acting after hearing from constituents. "People telling me their personal stories, how they've been helped by this product, how far behind Indiana is on this issue," he told the Indianapolis Star. "That right there, we have a responsibility to at least investigate it and determine the facts, and if there is something positive out there, we have to pursue that."

New Jersey

Last Thursday, a panel advised expanding the list of qualifying conditions. The state's Medicinal Marijuana Review Panel said it was ready to approve 43 more qualifying medical conditions for medical marijuana. Among them are chronic pain, migraines, anxiety, opiate-use disorder, arthritis, Alzheimer's disease, autism, and Tourette syndrome. But it's not a done deal yet -- there's a two month public comment period now, and the state health commissioner makes the final decision, after that.

North Dakota

Last Wednesday, state officials reported heavy interest in the medical marijuana industry. The Health Department's medical marijuana division  reported that it has received 97 nonbinding letters of intent from potential medical marijuana producers. The level of interest exceeded the division's expectations, and should mean that all areas of the state will have dispensaries, the division predicted. The Health Department is looking to name final selections by November, and is eyeing a late spring or early summer timeline for dispensary sales to begin.

Texas

On Monday, a state senator was hoping to see his medical marijuana bill move during the special session. State Sen. Jose Menendez (D-San Antonio) Senate Bill 79 last year, but it hoping it will be taken up during the legislature's special session, which still has 10 days left. Under current law, only people suffering from intractable epilepsy can use medical marijuana. This bill would expand the list of qualifying conditions to include PTSD, cancer, traumatic brain injury, and other "debilitating conditions."

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

Chronicle AM: Trump Wants More Drug War to Fight Opioids, New Pot Poll, More... (8/9/17)

A new Quinnipiac poll has support for marijuana legalization at a record high, Trump calls for a return to tough drug war policies to fight opioids, Hawaii gets its first dispensary, and more.

#WINNING in the polls.
Marijuana Policy

Quinnipiac Poll Has Record 61% for Legalization. A new Quinnipiac poll has support for marijuana legalization at 61%, the highest figure ever reported by Quinnipiac and up two points since February. Support was above 50% for all demographic groups except Republicans (37%) and people over 65 (42%). The poll also found that fully three-quarters (75%) of respondents thought the federal government should not enforce federal marijuana laws in states where it is legal. Support for medical marijuana was even higher a near-unanimous 94%.

Medical Marijuana

Hawaii Gets First Dispensary. Maui Grown Therapies opened for business on Tuesday in Kahului. It's the first dispensary in the state to be permitted and open its doors. The store was only open for a couple of hours Tuesday, with the owners saying they were doing a "soft opening." A second dispensary, Aloha Green, was set to open in Oahu on Wednesday.

Heroin and Prescription Opioids

Trump Wants More Drug War, But No State of Emergency for Opioid Crisis. President Trump said Tuesday that a stronger law enforcement is necessary to fight the opioid crisis and criticized the Obama administration for prosecuting fewer drug offenders. He also critically highlighted shorter average sentences for drug offenders under Obama and advocated for abstinence-based drug treatment. But he did not act on a recommendation from his opioid panel headed by New Jersey Gov. Chris Christie (R) that he declare a national state of emergency.

Harm Reduction

Seattle Suburb Votes to Ban Safe Injection Sites. The Bellevue City Council voted Monday night to ban safe injection sites even though none had been proposed for the city, the second-largest in Kings County after Seattle. Members said the vote was driven by fears the site could hurt development of a homeless center now being planned. But it is also a sign of broader objections to such facilities in the area and comes after the Metropolitan King County Council voted in July not to spend money setting up sites unless a locale's elected officials first approved it. Safe injection supporters said that vote effectively kills any sites outside the city of Seattle.

International

Tillerson Offers to Help Duterte Fight Drugs -- If Philippines Leader Changes Tactics. US Secretary of State Rex Tillerson met with Philippines President Rodrigo Duterte on Monday and told him the US would provide anti-drug assistance if he would rein in his brutal tactics. Tillerson obliquely noted harsh criticisms of the Philippines' bloody drug war by human rights groups and others and suggested the US could help find more suitable tactics. Duterte was noncommittal.

Why Are Pot Shops Mainly in Poor Neighborhoods?

Recreational marijuana retail sales outlets are disproportionately located in poor neighborhoods. That's what the industry journal Marijuana Business Daily found when it recently analyzed the their distribution in two of the first major cities to host legal pot shops.

Herbs4You marijuana shop, Denver. (Wikimedia)
In Seattle, the Daily found that 40% of pot shops were in zip codes where the average income was in the bottom 25th percentile. In Denver, the trend was even more pronounced, with nearly 45% of the stores located in the poorest neighborhoods.

Those zip codes account for 26% of the population in Seattle and 27% in Denver, so it's not that retailers are simply going where the people are. And there's no evidence it's some nefarious plot to target poor residents for stupefaction.

So what's behind the trend? According to the Daily, part of the answer is the initial reluctance by property owners to get involved with a business still federally illegal. And landlords with properties in middle- or upper-class neighborhoods could appeal to more upscale tenants outside the marijuana business, leaving tenant-hungry property owners in poorer areas more amendable to filling vacancies even with more potential risky businesses.

"That's where the retail space was available," cannabis entrepreneur and Dank dispensary owner Greg Gamet told the Daily. "Landlords had a hard time renting properties in these areas previously… they're more apt to rent these when there's no renters."

And poorer areas were cheaper and easier to do business in. Where times are tough, the flame of NIMBYism flickers less brightly. Low-income neighborhoods generally didn't protest the arrival of pot shops, which meant jobs and economic development, and they didn't place as many regulatory hurdles as more well-off areas.

Low-income neighborhoods also mean lower rents. And lower rents meant higher profit margins compared to pot shops in tonier parts of town, a critical factor in consolidating one's position in the early days of the highly competitive legal weed business.

But the phenomenon of pot stores being overrepresented in poor neighborhoods may prove ephemeral, in part because of the very economic success of the shopkeepers and in part because the stigma around marijuana is eroding and the revenue flows are enticing, even for hard-eyed businessmen with valuable real estate assets.

"Moving forward," the Daily predicts, "major cities in markets that legalized recreational marijuana after Colorado and Washington state -- like Boston and Portland, Oregon -- are less likely to see clusters of retail marijuana stores in low-income neighborhoods."

For better or worse.

In Bid to Defend Marijuana Arrests, NYC Mayor de Blasio Attacks Drug Reformers

Last month, the Drug Policy Alliance (DPA) released a report noting that marijuana arrests under New York City Mayor Bill de Blasio continue to be marked by shocking racial disparities, much as they were under his predecessors, Rudy Giuliani and Michael Bloomberg. Stung by the criticism, de Blasio is fighting back, but his response so far has consisted of attacking DPA as "legalizers" and comparing apples to oranges.

New York City still has a marijuana arrest problem under Mayor de Blasio. (Wikimedia)
The DPA report, Unjust and Unconstitutional: 60,000 Jim Crow Marijuana Arrests in Mayor de Blasio’s New York, noted that while marijuana possession arrests are down under de Blasio from the grotesque numbers achieved under Giuliani (more than 40,000 arrests in 2001) or Bloomberg (more than 50,000 arrests in 2011), NYPD still arrested made more than 18,000 of them last year. A whopping 86% of them were black or brown, maintaining the racial disparities so apparent in earlier administrations.

That's "a far cry from the Mayor's pledge to rein in NYPD's targeting of people of color," charged DPA New York State Director Kassandra Frederique in the report. That de Blasio had managed to bring pot arrests down to an average of only 20,000 a year during his tenure shouldn't be portrayed as progress, argued Frederique, instead describing it as "slower injustice, but slower injustice is still injustice delivered."

De Blasio struck back last Friday, releasing a statement that called the DPA report "misleading" and attacked DPA as "a group committed to legalization." De Blasio's statement emphasized that marijuana arrests had dropped significantly under his administration -- something DPA never disputed -- but failed to address the claim of continuing racial disparities in arrests. Instead, it merely noted that because arrests were down overall, arrests of black and brown people were down, too.

But the takeaway sentence in de Blasio's statement inadvertently makes DPA's case:

As a result of this new policy, arrests for marijuana possession are down 37%  -- from almost 29,000 in 2013 to approximately 18,000 in 2016. This has translated into approximately 9,600 fewer arrests of Black and Latino New Yorkers for marijuana possession in 2016 as compared to 2013.

In other words, a reduction of less than 11,000 total marijuana arrests between the two years resulted in about 9,600 people of color not being arrested. De Blasio's own data and arguments show that the city's minorities clearly take the brunt of marijuana law enforcement, his wriggling notwithstanding.

And now, DPA is returning fire at de Blasio.

"Mayor de Blasio is not disputing the data published in our report, he is trying to spin his poor record to look as though he has made some progress," Frederique said in a Friday press release. "In reality, New York City was the marijuana arrest capital of the world under Bloomberg and still holds that dubious title under de Blasio today. The 18,000 arrests in 2016 alone and outrageous racial disparities are a disgrace to the city and a blight on the mayor’s record. The unjust and racially-targeted arrests are devastating black and Latino communities across the city."

Frederique also applied some political ju-jitsu to de Blasio's "legalizer" attack.

"The mayor’s efforts to discredit the report and the Drug Policy Alliance by calling us legalizers, is a desperate attempt to distract the public from the facts of his abysmal record. Our report is based on data from the New York State Division of Criminal Justice Services. Rather than attack his critics, the mayor should attack the problem of racially-targeted arrests," she said. "For the record, the Drug Policy Alliance is committed to marijuana legalization to increase access for patients and end targeted policing in communities of color. And we’re not alone; nearly 60% of Americans also support legalization."

Instead of attacking critics, the mayor should fix the problem, Frederique added.

"It’s time for the mayor to get out of the spin cycle and back to work," she prescribed. "The mayor must end the biased policing practices that have ruined the lives of so many young black and Latino New Yorkers now."

New York, NY
United States

Chronicle AM: Secret Safe Injection Site in US City, VT "Blue Ribbon" MJ Panel, More... (8/8/17)

The body representing state legislatures again calls for marijuana reforms, Vermont's governor is about to empanel on commission to study legalization issues, a safe injection site has been operating secretly in a US city for the past three years, and more.

The Vancouver safe injection site has a hidden counterpart somewhere in the US. (vch.ca)
Marijuana Policy

National Conference of State Legislatures Urges De-Scheduling Marijuana. The National Conference of State Legislatures has approved a resolution calling for marijuana to be removed from the Controlled Substances Act. The resolution approved on Monday specifically references access to banking, saying such a move would result in "… enabling financial institutions the ability to provide banking services to cannabis related businesses." This marks the third year in a row the conference has passed a resolution on marijuana, going a bit further each time. In 2015, it resolved that federal laws should be amended to allow states to set their own pot policies, and last year, it resolved that marijuana should be down-scheduled.

Vermont Governor About to Convene "Blue Ribbon Commission" on Legalization. Gov. Phil Scott (R) says he will shortly convene a commission to study issues around marijuana legalization, but it looks like his emphasis will be on how to detect marijuana impairment in drivers rather than examining models for legalization. Earlier this year, Scott vetoed a legalization bill, citing concerns about driving and youth, and he says now that he will not sign a bill that doesn't have stringent standards on impaired driving.

Virginia Gubernatorial Candidates Split on Decriminalization. Democratic nominee Lt. Gov. Ralph Northam sent a letter Monday to the State Crime Commission, which is studying decriminalization, in support of the notion. That position contrasts with Republican nominee Ed Gillespie, who says he opposes legalization or decriminalization, but is open to exploring reforms to ensure that penalties are commensurate with the offense committed. Polling shows a majority of Virginians favor decrim. Libertarian candidate Cliff Hyra, meanwhile, says just tax and legalize it.

Medical Marijuana

Indiana Republican Will File Medical Marijuana Bill to Fight Opioid Overdoses. State Rep. Jim Lucas (R-Seymour) says he plans to file a medical marijuana bill in a bid to combat opioid abuse. He said he was acting after hearing from constituents. "People telling me their personal stories, how they've been helped by this product, how far behind Indiana is on this issue," he told the Indianapolis Star. "That right there, we have a responsibility to at least investigate it and determine the facts, and if there is something positive out there, we have to pursue that."

Asset Forfeiture

Arizona Asset Forfeiture Reforms Go Into Effect Wednesday. A new law limiting civil asset forfeiture reform goes into effect Wednesday. House Bill 2477 does not end civil asset forfeiture, but raises the standard of proof necessary for seizures from "a preponderance of the evidence" to "clear and convincing evidence."

Harm Reduction

Underground Safe Injection Site Has Been Operating in a US City for Three Years. In a report released Tuesday, two researchers revealed that they've been studying an unpermitted safe injection site in operation since 2014. They reported that no one died while using drugs at the site and that two overdoses were reversed by staff members administering naloxone. The report comes as pressure to authorize such sites is mounting, with lawmakers in states like California and New York and cities including San Francisco, Seattle, and Ithaca, New York, backing such efforts.

(This article was prepared by StoptheDrugWar.org"s lobbying arm, the Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Chronicle AM: Sessions' Crime Task Force Doesn't Recommend Going After Legal Marijuana, More... (8/7/17)

The attorney general's crime task force has little new to say about grappling with legal marijuana, Sessions sends another letter to another governor, the US leans on Colombia over coca, and more.

Jeff Sessions is on a lonely crusade against marijuana legalization. (freethoughtproject.org)
Marijuana Policy

Sessions' Crime Task Force Refrains from Recommending Legal Marijuana Crackdown. The Justice Department's Task Force on Crime Reduction and Public Safety has failed to come up with policy recommendations that could weaponize Attorney General Sessions' efforts to wage war on legal marijuana, the Associated Press reported Friday. The task force report instead urges officials to continue to study whether they want to roll back the clock on the Obama-administration's laissez-faire approach to states that have legalized medical or recreational marijuana. The report did, however, call for officials to continue to oppose congressional moves to block funding for the department to go after medical marijuana in states where it is legal.

Sessions Sends Letter to Colorado Questioning State's Management of Legal Marijuana. Attorney General Sessions has sent a letter to Colorado officials accusing the state of failing to keep marijuana from being diverted out of state or keeping it away from kids. The letter was dated July 24 and cited a Rocky Mountain HIDTA report from last September to raise "serious questions" about the states oversight of its legal marijuana program. "Please advise as to how Colorado plans to address the serious findings in the Rocky Mountain HIDTA report, including efforts to ensure that all marijuana activity is compliant with state marijuana laws, to combat diversion of marijuana, to protect public health and safety, and to prevent marijuana use by minors," Sessions wrote in the letter obtained by the Cannabist. Sessions has sent similar letters to the governors of Oregon and Washington.

Maine Public Safety Panel Rejects Per Se DUID for Marijuana. A Department of Public Safety committee charged with addressing marijuana and driving has decided the state does not need a DUID law for pot that sets a blood-level limit for THC. Committee Chair Scot Maddox said the state's existing laws against impaired driving would suffice, but that lawmakers should provide more money to train police to recognize pot-impaired drivers.

Medical Marijuana

Texas Bill Would Expand Medical Marijuana Qualifying Conditions. State Sen. Jose Menendez (D-San Antonio) Senate Bill 79 last year, but it hoping it will be taken up during the legislature's special session, which still has 10 days left. Under current law, only people suffering from intractable epilepsy can use medical marijuana. This bill would expand the list of qualifying conditions to include PTSD, cancer, traumatic brain injury, and other "debilitating conditions."

International

US-Colombia Tensions Over Coca. At a congressional hearing last week, the State Department's Assistant Secretary for International Narcotics and Law Enforcement Affairs ("drugs and thugs") William Brownfield said the US could not support elements of Colombia's efforts at coca crop substitution and alternative development because the FARC is involved and the US considers the FARC a terrorist organization. But it is precisely the FARC with whom the Colombian government signed its peace deal. Brownfield also called for limits on voluntary coca eradication agreements and insisted the Colombian government implement "a robust forced manual eradication effort." In remarks to the press afterward, Brownfield threatened Colombia with "bilateral political problems" if a solution acceptable to Washington is not found, Insight Crime reported.

Chronicle AM: DEA to Cut Pain Pill Quotas Next Year, Sessions Eyes WA's Legal Pot, More...(8/4/17)

Attorney General Sessions is giving the hairy eyeball to Washington state's legal pot program, the DEA is moving to reduce prescription opioid production next year, the head of the Los Angeles city council wants the city to create a bank for the pot industry, and more.

The DEA is set to cut Schedule II opioid manufacturing by 20% next year.
Marijuana Policy

Sessions Criticizes Washington Legalization in Letter to State Officials. Attorney General Jeff Sessions sent a letter late last month to officials in Washington state challenging the way the state has implemented marijuana legalization and asking them to address concerns raised by a Northwest High Intensity Drug Trafficking Area (HIDTA) report critical of legalization. That report, Sessions wrote, "raises serious questions about the efficacy of marijuana 'regulatory structures' in your state." He cited portions of the report focusing on the diversion of legal weed out of state, drugged driving, and use by minors, all of which are areas flagged by the Obama administration's Cole memo as possibly being grounds for federal intervention.

Los Angeles City Council President Proposes Pot Bank. LA City Council President Herb Wesson called in a speech late last month for the city to create a bank that would serve the marijuana industry, as well as other social needs in the city. Citing images of pot shop owners lugging around sacks of cash, he argued that city officials had a responsibility to figure out a way to make legalization work and that access to banking was a key part of it.

Medical Marijuana

New Jersey Panel Advises Expanding List of Qualifying Conditions. In a report issued last week, the state's Medicinal Marijuana Review Panel said it was ready to approve 43 more qualifying medical conditions for medical marijuana. Among them are chronic pain, migraines, anxiety, opiate-use disorder, arthritis, Alzheimer's disease, autism, and Tourette syndrome. But it's not a done deal yet -- there's a two month public comment period now, and the state health commissioner makes the final decision, after that.

Heroin and Prescription Opioids

DEA Proposes Cutting Amount of Opioids Manufactured Next Year. In a Federal Register notice dated August 7, but available for viewing now, the DEA is proposing reducing the amount of Schedule II opioid pain relievers manufactured in the US by 20% in 2018. "Demand for these opioid medicines has dropped," the DEA, citing prescription data. "Physicians, pharmacists, and patients must recognize the inherent risks of these powerful medications, especially for long-term use," said Acting Administrator Chuck Rosenberg in a statement. "More states are mandating use of prescription drug monitoring programs, which is good, and that has prompted a decrease in opioid prescriptions."

Asset Forfeiture

Las Vegas Civil Asset Forfeiture Happens Mainly in Poor, Minority Neighborhoods, Report Finds. A new report from the Nevada Policy Research Institute shows that civil asset forfeiture in the city happens mostly in poor and minority neighborhoods. The report found that two-thirds of all seizures were made in zip codes where the nonwhite population averages 42% and the poverty rate was 27%. The report also found that more than half of all seizures were for cash or assets valued at less than $1,000. Las Vegas Metro Police seized more than $2.1 million last year, the report found. In recent years, seizures ranged from a high of $515,000 in one case to a low of $74 in another.

Chronicle AM: British Drug Deaths at Record High, Another Good Poll for Pot, More... (8/3/17)

A new poll shows extremely low support for marijuana prohibition, Maine lawmakers want to restrict how much pot landowners can allow for personal grows, drug deaths are up dramatically in the UK, and more.

Aging "trainspotters" are driving drug deaths in Britain, experts say. (Wikimedia)
Marijuana Policy

Poll: Fewer Than One Out of Seven Believe Marijuana Should Be Fully Illegal. A new Harvard-Harris poll finds that only 14% of Americans believe marijuana should be fully illegal, with a near majority 49% favoring legalization for recreational purposes and a supermajority of 86% in favor of legal medical marijuana. The 49% figure is lower than most recent polls, which have had support for legalization in the fifties, but still demonstrates a huge gap between support for and opposition to legalization.

Maine Lawmakers Propose Personal Grow Limit of 12 Plants Per Property. The legislative committee working to establish rules for marijuana legalization in the state have proposed limiting the number of personal use plants grown on a single property to 12 in a bid to prevent leakage to the black market. But the move is controversial: The state's pot law allows anyone to grow up to six mature plants on their own or someone else's property with the property owner's permission, and some rural landholders have plans to allow multiple people to do personal grows on their property. It's not a done deal; just a proposal at this point. It does not apply to commercial or medical marijuana grows.

Medical Marijuana

North Dakota Reports Heavy Interest in Medical Marijuana Industry. The Health Department's medical marijuana division reported Wednesday that it has received 97 nonbinding letters of intent from potential medical marijuana producers. The level of interest exceeded the division's expectations, and the director of the Health Department's medical marijuana division, Kenan Bullinger, told the Associated Press, "I'm pretty sure we're going to have the ability to have a dispensary in each part of the state." The department is looking to name final selections by November, and is eyeing a late spring or early summer timeline for dispensary sales to begin.

International

Drug Deaths in England and Wales at Record High. British government figures published on Wednesday show that deaths from heroin, cocaine, and ecstasy are at all-time highs and have more than doubled in the past five years. Some experts partially attributed the rise in drug deaths to an aging "trainspotting" generation, noting that the most deaths occurred in the 40-49 age group. Critics used the figures to assail the government's drug policies.

This Week's Corrupt Cops Stories

A crooked police scandal is brewing in Baltimore, a crooked Chicago-area cop heads for federal prison, so does an Alabama prison guard, and more. Let's get to it:

In Baltimore, prosecutors threw out 34 drug cases last Friday as they investigate three officers accused of planting evidence at crime scenes. Body camera footage recently released appeared to show an officer planting drugs at a crime scene in January, and that has prompted the dismissals. Another 123 cases are under review.

In Putnamville, Indiana, a state prison guard was arrested last Thursday after being caught smuggling drugs into the Putnamville Prison. Guard Stephany Dawson went down after officers searched her car as she arrived at work and found meth, marijuana, and tobacco. She admitted bringing a large amount of drugs into the prison. It's unclear precisely what charges she faces.

In Louisville, a state prison guard was arrested last Friday after he was caught bringing drugs into the prison. Guard Danny Ford, 49, was arrested at the West Kentucky Correctional Complex after officers found him with a large quantity of suboxone. He is charged with possession of a controlled substance and promoting contraband.

In Chicago, a former Melrose Park police detective was sentenced last Wednesday to 11 years in federal prison for a career of corruption. Gregory Salvi had pleaded earlier this year to moonlighting as a drug dealer, including selling drugs he stole from the evidence room. Salvi was looking at a 10-year mandatory minimum on one count each of possession of drugs with intent to deliver and using a gun in a drug trafficking crime.

In Birmingham, Alabama, a former state prison guard was sentenced last Thursday to 54 months in federal prison for smuggling drugs into the prison. Johntarance Henriquis McCray, 23, went down after authorities were alerted he was trafficking into the prison and searched him. They found two bundles in his underwear containing crack cocaine, powder cocaine, methamphetamine, marijuana, Xanax, and Suboxone. Officers found a duffle bag containing additional drugs, a loaded 9-milimeter handgun and more than $400 in McCray's vehicle.

Medical Marijuana Update

The fight to defund federal law enforcement in medical marijuana states continues, the NFL is ready to work with players on medical marijuana for pain management, Puerto Rico is banking on medical marijuana to boost its economy, and more.

National

Last Thursday, a Senate panel approved an amendment defunding DOJ medical marijuana enforcement. The Senate Appropriations Committee voted to approve an amendment that would block the Justice Department from spending any funds to go after medical marijuana in states where it is legal. The amendment, which passed with strong Republican support, is a striking rebuke to Attorney General Jeff Sessions, who had personally requested that Congress kill the amendment. A House committee last Wednesday killed a similar amendment, but if the Senate amendment stays in the appropriations bill, it could be the basis for conference committee negotiations later.

On Monday, the NFL offered to work with the players' union on pot for pain management. The NFL has sent a letter to the NFL Players Association offering to work together with the union to study the possibility of marijuana as a pain management tool for players. The NFLPA is already conducting its own study and has yet to respond to the league's offer.

Nevada

Last Tuesday, the state Supreme Court upheld the medical marijuana registry. In its decision, the state Supreme Court unanimously upheld the constitutionality of the state's medical marijuana registry. The program had been challenged by a John Doe lawsuit, which complained that the registry and associated fees violated his due process rights. The lawsuit was rejected by lower state courts, and now the state's highest court has agreed.

Ohio

Last Friday, the state's medical marijuana rules got settled. A bipartisan legislative panel has decided not to modify more than a hundred separate rules proposed by the state Pharmacy Board and Department of Commerce to govern the state's nascent medical marijuana industry. That means medical marijuana growers, processers, sellers, testers, and users can now begin to get down to business. Growing operations are expected to start being licensed next month, and the whole system is supposed to be up and running by September 1, 2018.

Pennsylvania

Last Thursday, a medical marijuana job fair drug hundreds. Hundreds of people showed up for a chance to get a job at PurePenn's future production facility in McKeesport. The company will be growing pot plants and producing capsules, ointments, and oils. It is expected to be fully operational by January. Employees will be paid twice the minimum wage.

Puerto Rico

On Tuesday, the island was looking to medical marijuana as an economic boost. Economically ravaged Puerto Rico is counting on medical marijuana to boost its economy. The island's treasury secretary estimates the industry could generate up to $100 million a year and help reduce an unemployment rate currently around 12%. The US territory is in a fiscal crisis, facing billions in budgets cuts and a public debt load of $70 billion. David Quinones, operations director of the island's largest medical marijuana producer, Natural Ventures, told the Washington Post, "Name one new industry in Puerto Rico capable of generating millions and billions in capital and improving an economy in a mega-crisis. There is none."

Utah

On Sunday, a new poll found a "supermajority" in favor of medical marijuana. Nearly four out of five (78%) Utahns favor a medical marijuana initiative now in the signature gathering phase of its campaign, according to a Dan Jones & Associates poll commissioned by the Salt Lake Tribune. The campaign is headed by the Utah Patients Coalition, which is acting after the state legislature baling at approving medical marijuana.

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

Chronicle AM: Wyden Wants DOJ to Release MJ Recs, Pressure on DHS Over Meth Death, More... (8/2/17)

Oregon Senator Ron Wyden has asked Attorney General Sessions to release recommendations on possible changes in federal marijuana enforcement, congressmembers want changes at Customs and Border Protection after video of a Mexican teen's death after drinking meth in front of Customs agents went public, and more.

Puerto Rico is hoping medical marijuana will deliver an economic miracle. (Creative Commons)
Marijuana Policy

Ron Wyden Asks Sessions to Release Crime Task Force Marijuana Recommendations. Oregon Democratic Sen. Ron Wyden sent a letter to Attorney General Sessions Tuesday pressing him to reveal any possible changes to federal marijuana enforcement policies contained in recommendations presented to him last week by the Justice Department's Task Force on Crime Reduction and Public Safety. "It is concerning to see this administration failing, once again, to be transparent and straightforward with the American people about the motivations behind its policy shifts," Wyden wrote. "I write to you today to ask that the recommendations of the Task Force on Crime Reduction and Public Safety immediately be made public."

Medical Marijuana

Puerto Rico Looks to Medical Marijuana as Economic Medicine. Economically ravaged Puerto Rico is counting on medical marijuana to boost its economy. The island's treasury secretary estimates the industry could generate up to $100 million a year and help reduce an unemployment rate currently around 12%. The US territory is in a fiscal crisis, facing billions in budgets cuts and a public debt load of $70 billion. David Quinones, operations director of Puerto Rico's largest medical marijuana producer, Natural Ventures, told the Washington Post: "Name one new industry in Puerto Rico capable of generating millions and billions in capital and improving an economy in a mega-crisis. There is none."

Law Enforcement

Oregon Drug Task Force Disbanding. The Lane County Interagency Narcotics Enforcement Team is disbanding effective immediately, with Board Chairman Rick Lewis, the police chief in Springfield, citing budget and staffing issues. The task force, which was founded in 1987 to deal primarily with meth labs, has disbanded once before. In 2005, it was shut down for three years after budgeting shortfalls. Last year, the task force made 110 arrests and seized nearly 15 pounds of meth and $133,000 in cash.

After Death Of Teen Who Drank Liquid Meth At Checkpoint, Lawmakers Call For Action. Members of Congress are calling on the Department of Homeland Security to take steps to improve training after video of a Mexican teen drinking liquid methamphetamine in front of Customs agents and then dying became public last week. The boy, Cruz Velazquez Acevedo, died in 2013. "What happened to Cruz Velazquez was absolutely horrible, and we must guarantee that something like this never happens again," Rep. Juan Vargas, D-Calif., said in an email Monday to KPBS. "I am requesting an immediate response from the Department of Homeland Security to ensure that proper training is put in place for Customs and Border Protection agents." The Department of Homeland Security has already paid a $1 million settlement with the teen's family.

Judge Forces First-Time Drug Offenders to Take Christian Drug Treatment Course

A municipal court judge in Louisiana with an apparently limited understanding of the US Constitution is forcing first-time drug offenders seeking probation to attend a Christian program called "Life Choices" offered by a local church.

The First Amendment's Establishment clause mandates that the government cannot in any way promote, advance, or otherwise endorse any religion, a principle well-established in federal jurisprudence. That bright dividing line between church and state also applies to court orders and terms of probation that require participation in religious programs, as can be seen in a line of cases decided in federal appeals courts over the past 20 years.

The fundamental principle behind Establishment cause jurisprudence is, as noted in Lee v. Weisman (1992), that government must remain neutral toward religion because "the preservation and transmission of religious beliefs and worship is a responsibility and a choice committed to the private sphere."

Not in the court of Sulphur City Court Judge Charles Schrumpf, though. As the Freedom From Religion Foundation noted in a July 20 complaint letter to Schrump and probation officer Barbarba Adam, Schrump's way of handling those cases is completely unconstitutional. Probationers in the program receive a Bible and have to complete homework that involves reading passages from scripture, as well as from the evangelical text "Made to Crave."

According to the letter, probationers who objected to participating in the Life Choices program because of its religious content have been told by Probation Officer Adam to "take it up with the judge" in a threatening tone and warned that failure to complete the program would result in the revocation of their probation.

According to the blog Friendly Atheist, which spoke with a person ordered to take the course, the course teacher said that while attendees weren't required to be Christian, that was the ultimate goal, and Probation Officer Adams responded to an attendee who said he was an atheist by saying, "We'll see how you feel after eight weeks [of class]."

The foundation is demanding that the practice be ended and that if the court is going to impose drug treatment or counseling as a condition of probation, it does so through programs that are "medical and secular, not religious in nature." At this point, the foundation is not threatening a lawsuit; only seeking notification "of the appropriate actions taken by the Court and the Probation Office to protect the right of conscience of probationers in their care."

There is no word yet on whether Judge Schrumpf will heed the foundation's complaint and restore the Constitution in his court or whether he will double down in defiance. In the meantime, if you get caught with drugs in Sulphur Springs, may God help you.

Chronicle AM: WH Opioid Panel Calls for Declaration of National Emergency, More... (8/1/2017)

Federal bills to legalize marijuana and allow drug testing of people seeking unemployment benefits get filed, the presidential commission on opioids issues a preliminary reports, the NFL offers to work with the players' union on medical marijuana, and more.

Marijuana Policy

With overdoses at record levels, Trump's presidential commission takes a largely public health approach to the crisis.
Corey Booker Files Federal Marijuana Legalization Bill. Sen. Cory Booker (D-NJ) filed the Marijuana Justice Act on Tuesday. The bill would remove marijuana from the Controlled Substances Act, punish states for disproportionately arresting or imprisoning poor people or minorities for marijuana offenses, prevent deportation for marijuana offenses, provide for resentencing of federal marijuana prisoners, and create a $500 million "Community Reinvestment Fund" for communities most negatively impacted by the war on drugs.

South Dakota Legalization Initiative Imperiled by Wording Error. A legalization initiative sponsored by New Approach South Dakota could be in trouble over a wording error. The way the measure is worded, it would, according to Legislative Council analysts, only legalize pot paraphernalia, not marijuana itself. The campaign said the problem is only a "typo" and can be fixed. Friendly legislators have offered to author a legislative fix if the initiative passes. Because of state initiative deadlines, it is too late for petitioners to start over in time to get on the November 2018 ballot.

Medical Marijuana

NFL Offers to Work With Players Union on Marijuana for Pain Management. The NFL has sent a letter to the NFL Players Association offering to work together with the union to study the possibility of marijuana as a pain management tool for players. The NFLPA is already conducting its own study and has yet to respond to the league's offer.

Ohio Medical Marijuana Rules Get Settled. A bipartisan legislative panel has decided not to modify more than a hundred separate rules proposed by the state Pharmacy Board and Department of Commerce to govern the state's nascent medical marijuana industry. That means medical marijuana growers, processers, sellers, testers, and users can now begin to get down to business. Growing operations are expected to start being licensed next month, and the whole system is supposed to be up and running by September 1, 2018.

Utah Poll Finds "Supermajority" Support for Medical Marijuana. Nearly four out of five (78%) Utahns favor a medical marijuana initiative now in the signature gathering phase of its campaign, according to a Dan Jones & Associates poll commissioned by the Salt Lake Tribune. The campaign is headed by the Utah Patients Coalition, which is acting after the state legislature baling at approving medical marijuana.

Drug Testing

Federal Unemployment Drug Testing Bill Filed. Rep. Buddy Carter (R-SC) has filed the Ensuring Quality in the Unemployment Insurance Program (EQUIP) Act, which would require people applying for unemployment assistance to undergo substance abuse screening and possible drug testing to receive benefits. "Unemployment is not for people who are abusing drugs and using that money to buy drugs but instead to help them get back on their feet," said Rep. Carter. "And we want to make sure that is what they are doing with it." People applying for those benefits have been laid-off from jobs for lack of work, not let go for drug abuse.

Heroin and Prescription Opioids

Presidential Commission Issues Belated Preliminary Report, Calls for Declaration of National Emergency. The presidential Commission on Combating Drug Addiction and the Opioid Crisis led by Gov. Chris Christie (R-NJ) issued a preliminary report on Monday whose lead recommendation is for the president "to declare a national emergency under either the Public Service Act or the Stafford Act." The report largely takes a public health approach to the issue, calling as well for expanding drug treatment capacity under Medicaid, increasing the use of medication-assisted treatment for opioid disorders, mandating that all police officers carry the opioid overdose reversal drug naloxone, broadening Good Samaritan laws, and encouraging the development of non-opioid pain relievers.

Chronicle AM: Fed Bills Would Shrink CSA Reach, Slow Start to Sessions Drug War, More... (7/31/17)

New federal bills aim to remove state-legal marijuana and industrial hemp from the purview of the Controlled Substances Act, Jeff Sessions' drug war is slow getting off the ground, an Indian minister comes out for medical marijuana, and more.

What's in your Ecstasy? British festivalgoers could find out. (erowid.org)
Marijuana Policy

Federal Bill to Make CSA Inapplicable to Marijuana in Legal Marijuana States Filed. US Rep. Suzan DelBene (D-WA) filed House Resolution 3534 on Friday. The bill would "make the Controlled Substances Act inapplicable with respect to marijuana in states that have legalized marijuana and have in effect a statewide regulatory regime to protect certain Federal interests."

Industrial Hemp

Federal Bill to Exempt Hemp from CSA Filed. Rep. James Comer (R-KY) filed House Resolution 3530 on Friday. The bill would "amend the Controlled Substances Act to exclude industrial hemp from the definition of marihuana."

Drug Policy

Attorney General Sessions' Drug War Hasn't Taken Hold -- Yet. The attorney general has vowed to crack down on drugs, but data released last week show it isn't happening yet. Federal drug prosecutions are at historic lows, with experts pointing to a federal hiring freeze instituted by the Trump administration and the Senate's slow pace on appointing new US attorneys as potential causes. Without having key people in key positions, the Sessions Justice Department must rely on local investigators and prosecutors who may still be operating under Obama-era reforms.

International

Indian Minister Calls for Medical Marijuana Legalization. Indian Minister for Women and Child Development Maneka Gandhi has come out in favor of legalizing medical marijuana. "Marijuana should be legalized for medical purposes, especially as it serves a purpose in [treating] cancer," she said during a ministerial discussion on India's National Drug Demand Reduction. Although cannabis has been part of Indian culture for more than 3,000 years, the country banned it in 1985 under US pressure.

British Festival Allowed Pill Testing. Attendees at the Kendal Calling music festival in Cumbria this past weekend were able to get their pills and powders tested for potency and adulteration without fear of arrest thanks to an on-site lab operated by an NGO. Testers reported finding malaria medication, insecticide and concrete in some of the substances tested. "We accept that some people will get drugs on site and some people will be planning to take them so what we're doing is trying to address any potential health problems," said Professor Fiona Measham, director of the NGO The Loop. "This is a focus on public health rather than on criminal justice."

Chronicle AM: MA Gov Signs MJ Law, GAO Report Finds Drug Policy Failures, More... (7/28/17)

An anticipated Justice Department decision on what to do about legal marijuana hasn't happened yet, Massachusetts' governor signs the legal pot implementation bill, the GAO reports on federal drug policy, and more.

California Lt. Gov. Gavin Newsom is picking up big bucks from the cannabis industry as he campaigns for governor. (ca.gov)
Marijuana Policy

Justice Department Has No Plan on Marijuana Yet. The department's Task Force on Crime Reduction and Public Safety was supposed to turn over recommendations on a number of criminal justice issues, including how to deal with states that legalized for medical or recreational use, by Thursday. Thursday has come and gone, but there is nothing about marijuana yet. Attorney General Sessions provided an update Wednesday on the task force's work, but again nothing about marijuana policy.

Massachusetts Governor Signs Legal Pot Regulation Bill. Gov. Charlie Baker (R) on Friday signed into law House Bill 3818, which implements -- with some changes -- the marijuana legalization initiative approved by voters last November. Among the changes: Legal marijuana sales are delayed from January 1 to July 1, 2018, the three-member Cannabis Control Commission has been expanded to five members, localities that voted against legalizing marijuana will be able to ban pot businesses without a popular vote, and the tax rate has been increased from 12% to 17%, with localities able to tack on another 3%. Under the new law, Bay State adults can possess up to an ounce in public and 10 ounces at home and can grow up to six plants.

California Lt. Gov. Newsom Picking Up Big Bucks from Pot Industry. Lt. Gov. Gavin Newsom, a leading supporter of marijuana legalization, is a leading contender for the Democratic gubernatorial nomination, and the state's marijuana industry is throwing money at him. Cultivators, retailers, and others in the industry have so far donated $300,000 to his campaign, dwarfing pot industry contributions to his challengers, former Los Angeles Mayor Antonio Villaraigosa ($5,000) and current state Treasurer John Chiang ($100). The pot industry's contributions to Newsom are only a fraction of the $14 million he's raised so far, but shows the sector's emergence as a political player in the state.

Medical Marijuana

Pennsylvania Medical Marijuana Job Fair Draws Hundreds. Hundreds of people showed up Thursday for a chance to get a job at PurePenn's future production facility in McKeesport. The company will be growing pot plants and producing capsules, ointments, and oils. It is expected to be fully operational by January. Employees will be paid twice the minimum wage.

Drug Policy

GAO Report Finds Federal Drug Policy Mostly Fails at Achieving Stated Goals. In a report released this week, the Government Accountability Office (GAO) diplomatically said that the federal government "has made mixed progress" toward meeting goals articulated in the 2010 National Drug Control Strategy. "The federal government made moderate progress toward achieving two goals, limited progress on two goals, and no progress on the other three goals. However, none of the overall goals in the Strategy were fully achieved," the watchdog reported. Among those goals was reducing drug overdose deaths by 15%, but they instead increased by 41.5%.

(This article was prepared by StoptheDrugWar.org"s lobbying arm, the Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Chronicle AM: Senate Keeps MedMj Language, Kansas SWAT Lawsuit Revived, More... (7/27/17)

A Senate panel has approved an amendment barring the DOJ from going after medical marijuana states, criminal justice reform groups want close scrutiny of US Attorney nominees, a federal appeals court reinstates a lawsuit over a SWAT raid that turned up only tomatoes and tea leaves, and more.

A Kansas SWAT team looking for a pot grow raided a couple who were only growing tomatoes. Now, their lawsuit can proceed.
Medical Marijuana

Senate Panel Approves Amendment Defunding DOJ Medical Marijuana Enforcement. The Senate Appropriations Committee voted Thursday to approve an amendment that would block the Justice Department from spending any funds to go after medical marijuana in states where it is legal. The amendment, which passed with strong Republican support, is a striking rebuke to Attorney General Jeff Sessions, who had personally requested that Congress kill the amendment. A House committee yesterday killed a similar amendment, but if the Senate amendment stays in the appropriations bill, it could be the basis for conference committee negotiations later.

Nevada Supreme Court Upholds Medical Marijuana Registry. In a Tuesday decision, the state Supreme Court unanimously upheld the constitutionality of the state's medical marijuana registry. The program had been challenged by a John Doe lawsuit, which complained that the registry and associated fees violated his due process rights. The lawsuit was rejected by lower state courts, and now the state's highest court has agreed.

Law Enforcement

Reform Groups Call on Senate to Closely Scrutinize Trump's US Attorney Nominees. A number of criminal justice reform groups on both the left and the right are calling on Senate Judiciary Chairman Sen. Chuck Grassley (R-IA) to have committee members actually question nominees, whether at hearings or in writing. The groups, which include Families Against Mandatory Minimums, Right on Crime, and the American Conservative Union, want nominees' positions on key issues such as asset forfeiture, sentencing policy, and respecting the authority of states to be made clear. "In view of the recent policies announced by the Department of Justice (DOJ), it is even more important that the Senate understand each nominee's views of the proper role government attorneys play in seeking justice rather than merely 'winning' the cases they bring," the groups wrote. The coalition made an initial request to Grassley in March, but got no response.

Federal Appeals Court Reinstates Lawsuit Against Kansas Cops Who Led SWAT Raid Against Couple Growing Tomatoes. In a blistering decision, the 10th US Circuit Court of Appeals reinstated a lawsuit filed by a suburban Kansas City couple after a SWAT-style raid based on the couple's visit to a garden supply shop and a faulty field drug test that said tea leaves in their trash were marijuana. There was no marijuana. The family sued the Johnson County Sheriff's Office after the 2012 raid. A federal judge dismissed the lawsuit in 2015, but now the 10th Circuit has overruled him.

This Week's Corrupt Cops Stories

It's jail guards gone wild this week, with a trio of correctional officers looking to make something on the side. Let's get to it:

In Lawton, Oklahoma, a Lawton Correctional Facility guard was arrested last Saturday after being caught coming to work with a diaper filled with marijuana. Two of her coworkers ratted her out for smelling like pot, and the as yet unnamed guard said she'd been around people smoking weed, but during a pat down search, she handed the diaper and a bag with 55 grams of weed in it to officers. She was also carrying a cell phone, two prepaid credit cards, and notebook with credit card numbers in it. She is charged with bringing contraband into the jail.

In Round Rock, Texas, a Williamson County jail guard was arrested last Tuesday after a drug-sniffing dog alerted deputies to his vehicle in the jail parking garage. Richard Acuna, Jr. went down after deputies then found cocaine in his car. He is charged with possession of a controlled substance. It's unclear whether he was bringing drugs to the jail.

In Rustburg, Virginia, a former Campbell County Adult Detention Center guard was arrested last Wednesday for allegedly giving prescription drugs to prisoners. Benjamin Joel Rackley is charged with handing out pills over a six-month period ending in February. He is charged with one count of conspiracy to deliver drugs to prisoners, one count of delivery of drugs to prisoners, and two counts distribution of a controlled substance.

Medical Marijuana Update

Medical marijuana for vets hits a bump in the House, a federal medical marijuana research bill is introduced, a bid to expand medical marijuana in the Lone Star State gets stymied, and more.

National

On Monday, a federal bill to facilitate medical marijuana research was filed. A bipartisan group of representatives led by marijuana reformer Rep. Earl Blumenauer (D-OR) and anti-legalization Rep. Andy Harris (R-MD) has filed House Resolution 3391, the Medical Marijuana Research Act of 2017. The bill would remove barriers inhibiting medical marijuana research.

On Tuesday, the House Rules committee blocked an effort to let VA docs recommend medical marijuana. A proposed amendment to the Veterans Administration appropriations bill to allow VA doctors to recommend medical marijuana has been bottled up in the House Rules Committee. The same amendment actually passed the House last year, but committee Chair Rep. Pete Sessions (R-TX) refused to even allow a vote on it. The Senate version of the amendment is still alive, though, and if the Senate approves it again this year, it could still make it into the final appropriations bill.

Texas

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

US Virgin Islands

On Monday, a bill to legalize medical marijuana was reintroduced. Territorial Sen. Positive Nelson has refiled his Virgin Islands Medical Cannabis Patient Care Act. A similar bill died in committee last year, and Nelson wants to avoid a similar fate this year. "I'm requesting that this measure be heard by the committee of the whole, and not the Health Committee, whose chair has exhibited an obvious bias against cannabis legalization in any form," Nelson said.

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

Chronicle AM: Duterte Vows More Drug War, House Panel Blocks VA MedMJ, More... (7/26/17)

Maine legislators recommend a 20% tax on legal pot, a House committee blocks an amendment that would let VA doctors recommend medical marijuana, Philippines President Duterte is ready for another year of drug war, and more.

Filipino strongman Rodrigo Duterte vows more bloody drug war. (Creative Commons)
Marijuana Policy

Maine Legislative Panel Proposes 20% Marijuana Tax. The committee charged with drawing up regulations for the state's legal marijuana industry is proposing that recreational marijuana be taxed at a rate of 20%, with 5% paid to localities that allow cultivation or retail businesses. There would be a 10% wholesale excise tax and a 10% sales tax on retail sales. The proposed tax is double what voters approved when they passed a legalization initiative last fall.

Medical Marijuana

Federal Bill to Facilitate Medical Marijuana Research Filed. A bipartisan group of representatives led by marijuana reformer Rep. Earl Blumenauer (D-OR) and anti-legalization Rep. Andy Harris (R-MD) has filed House Resolution 3391, the Medical Marijuana Research Act of 2017. The bill would remove barriers inhibiting medical marijuana research.

House Rules Committee Blocks Effort to Let VA Docs Recommend Medical Marijuana. A proposed amendment to the Veterans Administration appropriations bill to allow VA doctors to recommend medical marijuana has been bottled up in the House Rules Committee. The same amendment actually passed the House last year, but committee Chair Rep. Pete Sessions (R-TX) refused to even allow a vote on it. The Senate version of the amendment is still alive, though, and if the Senate approves it again this year, it could still make it into the final appropriations bill.

International

Philippines President Duterte Vows to Continue Drug War. In his second state of the nation speech Monday, Philippines President Rodrigo Duterte vowed to continue his bloody war on drugs, warning that offenders will end up "in jail or hell." He also exhibited bravado as he brushed off international criticism, saying that he wasn't scared of the International Criminal Court and was "willing to go to prison for the rest of my life." He also called on Congress to reinstate the death penalty for drug offenses.

Drug War Issues

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