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Chronicle AM: IA MJ Penalty Bill Moves, NM Hemp Bill Moves, MD Heroin OD Homicide Bill Filed, More (2/11/15)

Missouri's marijuana lifer may get a shot at freedom, Colorado is raking in the tax dollars from pot, the VA is pondering how to deal with medical marijuana for veterans, medical marijuana regulation bills pop up in California and Washington, and more. Let's get to it:

Dealers who sell dope that someone ODs on could be charged with murder under a Maryland bill. (wikimedia.org)
Marijuana Policy

Colorado Took in $76 Million in Marijuana Taxes and Fees Last Year. The state collected $44 million in recreational marijuana taxes and another $12 million in recreational pot fees last year. Taxes and fees on medical marijuana added another $19 million, bringing the total revenues to $76 million. The recreational pot tax bonanza is less than what was estimated before legalization, but is still a hefty chunk of change.

Iowa Bill to Cut Marijuana Penalties Wins Committee Vote. The Senate Judiciary Committee Tuesday approved Senate Study Bill 1121, which would make possession of less than five grams a simple misdemeanor with a maximum 30-day jail term. Currently, possession is punishable by up to six months in jail. Senators who approved the bill said it was an effort to address racial disparities in the state's criminal justice system. Iowa has one of the highest rates of racial disparity in pot busts of any state.

Missouri Governor Will Take "Hard Look" at Pardoning Marijuana Lifer. Gov. Jay Nixon (D) said Tuesday he will review the case of Jezz Mizanskey, 61, who is serving life in state prison for a marijuana conviction. Mizanskey has been behind bars for 21 years already after being convicted of a third nonviolent pot offense. "It's a very serious amount of time," Nixon said. "If the laws change after someone is sentenced, then you want to give those things a close look." An online petition seeking Mizanskey's release has more than 386,000 signatures.

Medical Marijuana

VA Tells House Committee It is Actively Exploring Medical Marijuana for Veterans. A top Department of Veterans Affairs official told the House Committee on Veterans' Affairs today "there are active discussions going on now" about how to deal with the growing number of vets seeking to use medical marijuana for their ailments. Dr. Carolyn Clancy, the VA's interim under secretary for health, told the House Committee on Veterans' Affairs on Wednesday "there's an incredible opportunity for us to learn from some of those experiences, but I think that we have to be careful given the variation in legal issues."

California Regulation Bill Supported by Cops and Cities Introduced. Assemblyman Ken Cooley (D-Rancho Cordova) Monday filed Assembly Bill 266 with the backing of the California League of Cities and the California Police Chiefs Association. The bill seeks to impose state-wide regulation on the Golden State's medical marijuana scene, but California NORML says it has some objectionable features, including too stringent transportation regulations, inadequate provision for the licensing of current growers, and a prohibition on licenses for people with prior drug offenses.

Florida Medical Marijuana Bill Filed; Would Not Allow Smoking It. Rep. Greg Steube (R-Sarasota) has filed House Bill 683, which would only allow people with eight specified medical conditions to use it and which bars the used of smoked marijuana. Sen. Jeff Brandes (R-St. Petersburg) earlier filed another, less restrictive medical marijuana bill. "The big differences are, it doesn't allow for smokeable marijuana," Steube said Tuesday of his bill and Brandes' bill. "Brandes, in his bill, says a doctor could prescribe (medical marijuana) if you had severe and persistent pain. That was taken out. We kept it to specific diseases."

Washington State Medical Marijuana Regulation Bill Introduced. Reps. Luis Moscoso (D-Kirkland) and Maureen Walsh (R-Walla Walla) have introduced House Bill 2058 to create a licensed and regulated medical marijuana system for the state. The bill is identical to legislation that passed both the House and Senate in 2011 only to be vetoed by then Gov. Christine Gregoire (D) over fears of federal intervention.

Hemp

New Mexico Hemp Bill Advances. The Senate Conservation Committee Tuesday voted 9-0 to approve the Industrial Hemp Farming Act (Senate Bill 94). Sponsored by Sen. Cisco McSorley (D-Albuquerque), the measure would allocate $100,000 for the regents of New Mexico State University, the state's land grant university, to establish a seed bank and seed certification program for hemp. An additional $50,000 would be appropriated under the bill for the state Department of Public Safety to train officers to identify industrial hemp. A similar bill has been filed in the House by Rep. Moe Maestas (D-Albuquerque).

Heroin

Maryland Bill Would Allow Heroin Dealers to Be Charged With Murder in ODs. Delegate Kathleen Dumais (D-Montgomery County) Tuesday filed House Bill 222, which would allow prosecutors to seek homicide charges in heroin or fentanyl overdose deaths that can be linked to a specific dealer. The maximum sentence would be 30 years in prison. The bill had a hearing in the House Judiciary Committee the same day.

Harm Reduction

North Carolina Heroin Summit Tomorrow. The North Carolina Harm Reduction Coalition (NCHRC) is hosting a summit on heroin in Raleigh tomorrow. "Together with law enforcement, members of the NC medical and public health community, NC legislators, and people who have used or been impacted by heroin, we will engage in a series of panel events focused on discussing legislative solutions to heroin use and heroin-related overdose in the state," the group says. Click on the title link for event details.

Maine Governor Won't Support Expanding Access to Overdose Reversal Drug. Gov. Paul LePage (R) said Tuesday that he would oppose efforts to expand access naloxone. Rep. Henry Beck (D-Waterville) has introduced HP 98, which would allow friends of drug users to carry the overdose reversal drug and has a Good Samaritan provision. A similar bill last year allowed family members and law enforcement to carry the drug, but the friends and Good Samaritan provisions were stripped out at LePage's insistence. Now, legislators will try again.

International

Transnational Institute Brief on Reforming Drug Law Enforcement in Latin America. The Institute has made available "Fixing a Broken System: Modernizing Drug Law Enforcement in Latin America," the latest of its series on legislative reform of drug policies. It argues that drug prohibition has mostly failed to reduce supply and demand while creating new problems and creating vast collateral damage. It has a number of recommendations; click on the link to read them.

Chronicle AM: Jamaica Decrim a Step Closer, DC Legalization Battles, Pot and Driving, More (2/9/15)

The fight over legalization continues in DC, Jamaica is now one vote away from decriminalizing ganja, the NHTSA has a study out saying there is no evidence pot use increases the risk of crashes, and more. Let's get to it:

On Bob Marley's birthday, the Jamaican Senate passed decriminalization. (wikimedia.org)
Marijuana Policy

Drug Czar Nominee Says DC Should Be Able to Legalize Marijuana. Acting director of the Office of National Drug Control Policy (ONDCP -- the drug czar's office) Michael Botticelli has said that the District of Columbia should be able to determine its own marijuana policy. "As a resident of the District I might not agree about legalization," Botticelli said, "but I do agree with our own ability to spend our own money the way that we want to do that." Federal law requires the drug czar to oppose marijuana legalization, but that didn't stop Botticelli from endorsing home rule for the District even if that meant legalization.

DC Council Cancels Hearing on Taxation and Regulation Bill in Face of Legal Threats. The DC council was supposed to hold hearing on a taxation and regulation bill today, but abandoned those plans after the District attorney general warned lawmakers they and their staffs could face fines or even jail time if they went ahead. Incoming DC Attorney General Karl Racine warned the council in a letter late last week that holding the hearing would violate a congressionally imposed spending restriction prohibiting the city from moving forward on legalization and regulation. Council members and invited witnesses, some of whom had traveled hundreds of miles to testify, instead held an informal roundtable discussion on the topic to avoid the risk of being found in contempt of Congress.

Idahoans Not Ready to Legalize Marijuana, Poll Finds. An Idaho Politics Weekly poll found that only 33% supported legalization, with 64% opposed -- and they mean it. More than half (53%) of respondents were "strongly opposed," while another 11% were "somewhat opposed." Only 17% said they "strongly supported" legalization, with another 16% "somewhat supporting" it.

Sentencing Policy

Kansas Bill Would Cut Marijuana Sentences. The Kansas Sentencing Commission is pushing a bill through the legislature that would end prison sentences for the first two marijuana possession offenses and allow for increased use of good-time sentence reductions. The bill has been endorsed by the Department of Corrections and many legislators and has passed out of the House Corrections and Juvenile Justice Committee.

Drug Testing

Montana Food Stamp Drug Testing Bill Passes House. The House last Friday approved House Bill 200, which would require applicants for the Temporary Assistance to Needy Families (TANF) program to be screened for possible drug use. Those deemed to be suspected of drug use after screening would be subjected to drug tests.

Tennessee Welfare Drug Testing Scheme Yields Few Positives. Six months after the state rolled out its controversial law to drug test some people applying for public benefits, the first results are in, and they're not very impressive. Some 16,017 people applied for the Families First cash assistance program; only 279 were deemed to have provided reasonable suspicion that they were drug users, and only 37 of them tested positive for drugs. Eight people were disqualified for refusing to answer the drug questionnaire; another 81 were denied benefits after dropping out of the application process.

Driving

NHTSA Says No Evidence Marijuana Use Increases Crash Risk. A study from the National Highway Traffic Safety Administration (NHTSA) released last Friday found no evidence marijuana use increases the risk of getting in a traffic accident. While pot smokers are 25% more likely to be involved in a crash than non-users, NHTSA attributed that to factors other than marijuana use itself -- particularly that younger men are more likely to get in crashes. "Other factors, such as age and gender, appear to account for the increased crash risk among marijuana users," the study found. The study is the National Roadside Survey of Alcohol and Drug Use By Drivers.

Law Enforcement

Utah Town Pays Big for 2012 Drug War Killing of Danielle Willard. The city of West Valley City, Utah, will pay $1.425 million to the family of Danielle Willard to settle their wrongful death lawsuit against the city and two police officers. Willard was shot and killed by Det. Shaun Cowley as she sat in her car in an apartment complex parking lot. When detectives approached her vehicle, she began to back up. Two opened fire, but only Cowley was on target, hitting her in the head and killing her. Salt Lake County DA Sim Gill found the shooting unjustified, but a district court judge threw out charges against Cowley. Cowley was later fired for mishandling evidence and dereliction of duty, and the West Valley Vice Narcotics Unit was disbanded. It has just been reconstituted.

Missouri Activists Issue Report on Drug Task Force Misconduct. Show Me Cannabis has released a comprehensive report on misconduct in the state's anti-drug task forces. The report is "Drug Task Forces in Missouri: Secret, Dangerous, and Unaccountable; A Thorough Exploration of Patterns of Gross Misconduct."

International

Jamaican Senate Approves Ganja Decriminalization. The Senate approved marijuana decriminalization last Friday after five hours of debate. Up to two ounces will be decriminalized, Rastafarians will be able to grow their own, and the country will begin to move toward setting up a legal marijuana industry. The measure must still pass the lower House, but is expected to do so.

Vancouver Looks to Regulate Marijuana Dispensaries. Even though they are illegal under Canadian law, at least 60 dispensaries operate in Vancouver, and the municipal government is now moving to come up with a way to regulate them -- not shut them down. Click on the link for more details.

Chronicle AM: NM MJ Legalization Bill Dead, Fed Crackdown on Drug Courts, More (2/6/15)

State legislatures are keeping us busy with lots of drug-related bills, New York's attorney general gets a deal on naloxone pricing, the feds will crack down on drug courts that don't allow opiate maintenance, and more. Let's get to it:

Drug courts will have to get on board with opiate maintenance if they want to keep their federal funding. (henrico.us)
Marijuana Policy

New Mexico Legalization Bill Killed. The House Agriculture and Wildlife Committee voted 7-1 to table House Bill 160, which would have legalized marijuana and allowed for regulated and taxed sales. Opponents said it would lead to more drug use on the job and impair public safety.

Medical Marijuana

Virginia CBD Bill Passes Senate. The Senate voted Thursday to approve Senate Bill 1235, which would allow patients with epilepsy to use CBD cannabis oil to control their seizures. The measure passed 37-1. A similar bill has already passed out of committee in the House and awaits a floor vote.

Hemp

Federal Industrial Hemp Act Picks Up New Sponsors. The bill, HR 525, would remove hemp from the definition of marijuana under the Controlled Substances Act. The bill now has 52 cosponsors -- 34 Democrats and 18 Republicans. The newest are Rep. Ed Whitfield (R-KY) and Rep. Mark Sanford (R-SC).

New Synthetics

New Hampshire Bill to Ban Synthetic Drugs Wins Committee Vote. The Senate Commerce Committee unanimously approved Senate Bill 106, which would restrict the sale and possession of all synthetic drugs. The bill would give the Department of Health and Human Services the ability to "add, delete, or otherwise revise" the list of substances included in the law and set a $500 fine for businesses caught distributing the drugs.

Asset Forfeiture

House Subcommittee to Hold Hearing on Federal Asset Forfeiture Next Week. The House Judiciary Committee's Subcommittee on Crime, Terrorism, Homeland Security, and Investigations will hold a hearing on federal asset forfeiture uses and reforms. The hearing is set for next Wednesday at 10:00am.

Colorado Asset Forfeiture Reform Bill Vote Stalled. A bill that would require a criminal conviction before asset forfeiture could take place has been stalled. Senate Bill 6 was supposed to have a committee hearing this week, but the hearing has been delayed, with no make-up date announced.

Harm Reduction

New York Attorney General Gets Deal to Reduce Price of Overdose Reversal Drug. State Attorney General Eric Schneiderman has reached an agreement with Amphastar Pharmaceuticals that will result in cheaper prices for the company's formulation of naloxone, which can reverse opiate overdoses. The company nearly doubled the price of the drug last fall as demand rose, giving rise to a chorus of complaints. The deal would give New York state naloxone buyers a $6 per dose rebate. But the company had increased the price of the drug by about $20 per dose.

Drug Testing

Wisconsin Governor Narrows Public Benefits Drug Testing Proposal. Gov. Scott Walker (R) no longer plans to require drug screening and possible drug testing for all public benefits recipients; instead, now only childless adults will face the screening.

Law Enforcement

Feds to Crack Down on Drug Courts That Don't Allow Opiate Maintenance. Acting drug czar Michael Botticelli said during confirmation hearings Thursday that drug courts receiving federal funds will no longer be allowed to deny opiate addicts access to opiate maintenance treatments such as suboxone. Click on the link for more details.

International

New Cartel Violence in Matamoros Sends Newspaper Editor Fleeing to Texas. At least 15 people have been killed in the past week in confrontations between drug trafficking factions in Tamaulipas state, across the border from South Texas. And a newspaper editor from Matamoros has fled to Texas after being threatened upon publishing reports of a shootout that left nine people dead. Enrique Juarez Torres, editor of El Manana, said he had been kidnapped, beaten, and threatened with death for his reporting. The Thursday edition of the newspaper carried no news of his kidnapping or any other reports on cartel activity.

Laos Vows Crackdown on Drugs; Will Target Addicts as Well as Traffickers. Laotian security officials say they will be going after important drug rings and street dealers, but also drug users. "We're targeting the buyers, sellers, and consumers," a security official said. Laos has already ratcheted up drug law enforcement, with drug arrests up five-fold in 2014 over 2013. The moves come as opium production continues in the country and next door in Myanmar.

Chronicle AM: More Pot Bills, Asset Forfeiture Action, Silk Road Conviction, Peru Coca "No Fly Zone," More (2/5/15)

The marijuana reform bills keep on coming, Oregon activists fight to protect legalization there, the feds get a conviction in the Silk Road case, there's news on the asset forfeiture front, and more. Let's get to it:

This message appeared when the feds busted Silk Road.
Marijuana Policy

New Approach Oregon to Fight to Defend Marijuana Legalization Law. The group that successfully managed the Measure 91 campaign to free the weed is now mobilizing to ensure that the legislature doesn't undo the will of the voters. The move comes as legislators contemplate various bills that would modify the initiative, including allowing localities to ban marijuana businesses. "We want a marijuana policy that reflects the will of the people," said Anthony Johnson, chief petitioner for Measure 91. "Instead of making major changes, the state first needs to get the basics of implementation right -- like childproofing, labeling, testing, packaging, auditing, inspecting, taxing, licensing and background checks."

Massachusetts Legalization Bill Filed. Rep. Dave Rogers (D-Cambridge) and at least 10 other legislators have introduced a bill to legalize marijuana for adults 21 and over and allow for marijuana commerce in the Bay State. The measure has not yet been assigned a bill number and is currently known as House Docket 3436, the "Cannabis Regulation and Tax Act of 2016."

Illinois Limited Legalization Bill Filed. State Sen. Michael Noland (D-Elgin) has introduced a bill that would legalize the possession of up to 30 grams of marijuana and the cultivation of up to five plants, but which would not allow for legal marijuana commerce. The measure is Senate Bill 753. A decriminalization bill, House Bill 218, was filed days earlier in the House.

Connecticut Legalization Bill Filed. House Deputy Majority Leader Rep. Juan Candelaria has filed a bill to "allow marijuana use for persons twenty-one years of age and older, and to regulate the sale, possession, use and growth of marijuana." That's all the bill says at this point. The measure is House Bill 6703. A bill introduced last month, House Bill 6473, would decriminalize it.

Medical Marijuana

Five Hawaii Bills to Get Hearing Saturday. The House Committee on the Judiciary and Committee on Health will hear five medical marijuana-related bills, including one that establishes dispensaries, one that allows patients to transfer marijuana to other patients and caregivers and increases quantity amounts, one that allows doctors to determine which medical conditions qualify, one that bars employers from punishing employees who are patients for a failed marijuana drug test, and one that bans infusing trademarked products with marijuana. Click on the link for bill and hearing details.

Virginia CBD Medical Marijuana Bill Passes Senate. The state Senate this afternoon approved Senate Bill 1235, which would allow for the use of high-CBD cannabis oil. A similar bill is before the House of Delegates.

Asset Forfeiture

New Institute of Justice Report on Civil Asset Forfeiture. The report is Seize First, Question Later: The IRS and Civil Forfeiture. "Federal civil forfeiture laws give the Internal Revenue Service the power to clean out bank accounts without charging their owners with any crime. Making matters worse, the IRS considers a series of cash deposits or withdrawals below $10,000 enough evidence of "structuring" to take the money, without any other evidence of wrongdoing. Structuring -- depositing or withdrawing smaller amounts to evade a federal law that requires banks to report transactions larger than $10,000 to the federal government -- is illegal, but more importantly, structured funds are also subject to civil forfeiture," says the report's executive summary.

Colorado Civil Asset Forfeiture Reform Bill Filed. State Sen. Laura Woods (R-Arvada) has filed House Bill 006, which would require a criminal conviction before civil asset forfeiture could take place. "I was spurred by complaints from citizens who are watching what's going on across the country. As there is more policing-for-profit and seizing-for-salaries -- as they say -- they were contacting me with concerns," Woods said. The bill would also set a $50,000 threshold for local law enforcement to be able to turn seizures over to the federal government in a bid to "de-incentivize" that practice.

Virginia Civil Asset Forfeiture Reform Bill Passes House. A bill that would require a criminal conviction before civil asset forfeiture can be undertaken passed the House of Delegates yesterday. The vote was an overwhelming 92-6. The measure, House Bill 1287, now goes to the Senate.

Harm Reduction

International Harm Reduction Conference 2015 Set for Malaysia in October. Click on the link for more details and registration information. There's a call for papers, but that ends March 27.

Drug Testing

Texas Food Stamp Drug Testing Bills Filed. State Sen. Jane Nelson (R-Flower Mound) has filed Senate Bill 54 and Rep. Ken King (R-Canadian) has filed House Bill 352. Both bills would require food stamp applicants to be screened for possible drug use, with those deemed likely drug users made to take and pass a drug test.

Law Enforcement

Silk Road Dark Web Drug Marketplace Operator Found Guilty. A federal jury in New York City Wednesday convicted Ross Ulbricht on federal drug trafficking charges for operating the Silk Road web site, where hundreds of millions of dollars worth of illegal drugs and other goods were sold. He is now looking at up to life in prison. Meanwhile, other dark web drug marketplaces continue to spring up.

International

Peru Declares "No-Fly Zone" Over Major Coca-Growing Region. Civilian aircraft are now barred from flying over the Valley of the Apurimac, Ene, and Mantaro Rivers (VRAEM), Peru's largest and most lawless coca-producing region, without prior military approval. The government of President Ollanta Humala took the step in a bid to stop a growing number of small planes from smuggling cocaine to neighboring countries. The move brings Peru one step closer to reinstituting a policy of shooting down unauthorized airplane flights. That policy ended in 2001, when the military accidentally shot down a plane that wasn't carrying drugs, killing a US missionary and her baby.

Chronicle AM: Fed Sentencing Reform Bill Refiled, CT Governor Calls for Drug Defelonization, More (2/4/15)

There's Florida medical marijuana news, the federal Justice Safety Valve Act is reintroduced, Connecticut's governor wants to defelonize drug possession, an Oregon bill would let localities opt out of legal marijuana commerce, and more. Let's get to it:

At both the federal and the state level, efforts to reduce the prison population are underway. (nadcp.org)
Marijuana Policy

Oregon Bill That Would Let Localities Ban Pot Businesses Filed. A bill that would repeal parts of the Measure 91 legalization initiative to give local governments the power to regulate or prohibit marijuana businesses was filed Monday. The bill is Senate Bill 542. It is part of a package of bills before the Senate Implementing Measure 91 Committee.

Medical Marijuana

Colorado Bill to Allow Continued Medical Marijuana System Passes Senate. The bill would allow residents with medical marijuana cards to continue to use dispensaries until at least 2019. That means people with cards could continue to buy marijuana for a lower price than in the adult retail market because medical marijuana has lower taxes. The bill is Senate Bill 115, sponsored by Sen. Owen Hill (R- Colorado Springs).

Florida Poll Has Medical Marijuana Doing Well. A new Gravis Insights poll has support for medical marijuana at 64% in the Sunshine State. The poll comes as the legislature prepares to take up a medical marijuana bill, Senate Bill 528, and with the prospect of another initiative in 2016 looming. Last year's medical marijuana initiative won 57% of the vote, but was defeated because, as a constitutional amendment, it needed 60% of the vote to pass.

Florida Sheriffs Object to Medical Marijuana Bill. The Florida Sheriffs Association has come out against Senate Bill 528 while meeting at their winter conference in Tallahassee. The sheriffs, with all their medical expertise, say that "smoked marijuana is not medicine" and list the medical conditions for which medical marijuana can be used. They have other demands, too; click on the link to read their press release.

Ohio CBD Medical Marijuana Bill Filed. Rep. Wes Retherford (R-Hamilton) has filed House Bill 33, which would allow doctors to prescribe high-CBD, low-THC cannabis oil to treat seizure disorders. The bill would make the oil available at a limited number of hospitals in the state.

New Synthetics

Indiana Bill Seeks to Punish New Synthetics Like Other Drugs. After the Court of Appeals threw out the state's law banning synthetic drugs as overly broad and too complicated to be unconstitutional, lawmakers are responding by filing a bill that would increase the penalties for "dealing in a counterfeit substance if the person represents the substance to be cocaine, methamphetamine, LSD or a schedule I or II narcotic drug." The bill is Senate Bill 278, sponsored by state Sens. Jim Merritt (R-Indianapolis) and Randall Head (R-Logansport).

Drug Testing

Wisconsin Governor Makes it Official -- He Wants to Drug Test Public Benefits Recipients. Gov. Scott Walker (R) unveiled his budget proposal Tuesday, and it includes plans to require drug testing for those seeking a variety of public benefits. Walker would drug test not only people seeking food stamps, but also people seeking unemployment payments and people seeking Medicaid.

Sentencing

Federal Justice Safety Valve Act Reintroduced. A bipartisan group of legislators has reintroduced Senate Bill 353 (the House version is HR 706), the Justice Safety Valve Act. The Senate bill was filed by Sens. Rand Paul (R-KY) and Patrick Leahy (D-VT); the House version was filed by Reps. Thomas Massie (R-KY) and Bobby Scott (D-VA). The bill would give federal judges the ability to impose sentences below mandatory minimums in appropriate cases based upon mitigating factors.

Federal Drug Manufacturing Sentencing Enhancement Bill Filed. Sen. Orrin Hatch (R-UT) Tuesday filed Senate Bill 348, which would "impose enhanced penalties for conduct relating to unlawful production of a controlled substance on Federal property or... while intentionally trespassing on the property of another that causes environmental damage." That language is from the bill summary; the actual text is not yet available.

Connecticut Governor Calls for Drug Defelonization. Gov. Dannell Malloy Tuesday proposed rewriting the state's criminal law to make all simple drug possession arrests misdemeanors. Possession with intent to distribute would not be included. He would also eliminate mandatory minimum sentences for drug offenses and expand the state's pardon system. Under current state law, all drug possession arrests except for small amounts of marijuana are felonies, with sentences of up to seven years.

International

Senior British Cop Says Give Addicts Free Heroin. Mike Barton, chief constable for Durham, has called for an end to arresting heroin addicts and said it would be better to supply addicts with pharmaceutical heroin in a controlled setting. Targeting drug users is counterproductive, he said. "Their entrapment in criminal justice is a waste of police time and the state's money and dissuades addicts from revealing themselves for treatment for fear of criminal consequences," Barton said.

Chronicle AM: More Decrim & MedMJ Bills, Obama Budget Lets DC Legalize, WI Drug Test Opposition, More (2/3/15)

The president's budget adds one word that allows DC to move ahead with legalization, the marijuana and medical marijuana bills keep coming, hemp is coming to Oregon (get your permits now!), opposition is mounting to public aid benefits drug testing in Wisconsin, and more. Let's get to it:

Wisconsin Gov. Scott Walker's plan to impose drug testing on public aid benificiaries is drawing opposition. (wi.gov)
Marijuana Policy

Obama Budget Leaves DC Free to Legalize. Tucked inside the president's just-released 2016 budget proposal is a subtle language change that would let DC legalize and regulate marijuana sales any way it sees fit. It does so by adding a single word. The Obama budget bars the use of any federal funds, while the congressional budget language bars the use of funds. By adding the word "federal," the Obama budget language leaves DC free to use its own funds to implement the legalization measure approved by voters in November.

Illinois Decriminalization Bill Filed. Rep. Kelly Cassidy (D-Chicago) has introduced a bill that would decriminalize the possession of up to 30 grams of marijuana, with violators paying a fine of no more than $100. The measure is House Bill 218.

Maryland Paraphernalia Decriminalization Bill Filed. Del. Curt Anderson (D-Baltimore) has filed legislation that would decriminalize the possession of marijuana paraphernalia. Maryland decriminalized pot -- but not paraphernalia -- last year, and this bill seeks to rectify that oversight. The bill is House Bill 105.

Wyoming Marijuana Study Bill No Longer Blocks Consideration of Other Pot Bills. The House Judiciary Committee has approved a bill that would study marijuana legalization in other states, but not before amending it to remove language that would have blocked consideration of other marijuana-related bills. The measure is House Bill 187.

Medical Marijuana

Federal Appeals Court Questions Attempt to Shut Down Oakland Dispensary. A three-judge panel of the 9th US Circuit Court of Appeals in San Francisco today challenged federal prosecutors over their attempt to shut down Oakland's Harborside dispensary. The judges wanted to know why the effort was continuing given recent policy pronouncements from the Justice Department that it would not go after dispensaries where they are legal.

Federal Bill to Allow VA Docs to Recommend Medical Marijuana Filed. US Rep. Earl Blumenauer (D-OR) and 16 bipartisan cosponsors have introduced a bill that would allow Veterans Affairs (VA) physicians to discuss and recommend medical marijuana to their patients, a right enjoyed by physicians outside of the VA system. The Veterans Equal Access Act is not yet available on the congressional web site.

Illinois Issues Medical Marijuana Licenses. Gov. Bruce Rauner (R) Monday issued medical marijuana licenses and permits to qualifying growers and sellers. The move came after former Gov. Pat Quinn (D) failed to act on the permits before his term expired. See the full list of licenses and permits here.

Missouri Medical Marijuana Bill Filed. Rep. Dave Hinson (R-St. Clair) has filed a full-fledged medical marijuana bill. The bill would allow patients to possess up to 2.5 ounces and would require that the medicine be grown in the state. The measure is House Bill 800.

Virginia CBD Medical Marijuana Bill Moves. A bill that would allow epilepsy patients to use low-THC, high-CBD medical marijuana won a committee vote Monday. Senate Bill 1235 passed the Senate Courts of Justice Committee on an 11-2 vote.

Hemp

Oregon Now Accepting Industrial Hemp Applications. The state Department of Agriculture is accepting applications for licenses and permits for industrial hemp. Click here for license and permit applications.

Drug Testing

Wisconsin Governor's Public Aid Drug Testing Scheme Will Be Opposed By Dane County. Dane County (Madison) executive Joe Parisi (D) said Monday he might sue Gov. Scott Walker over his plans to drug test recipients of public aid benefits. "People who fall on hard times should not be treated like criminals; they should be treated like people who have fallen on hard times: with dignity and respect. Requiring someone who has just been laid off from their job to pee in a cup is not treating people in a dignified manner; it is degrading and insulting," Parisi said in a statement.

Wisconsin Governor's Public Aid Drug Testing Scheme Challenged by Coalition. A coalition of 15 groups are challenging Gov. Scott Walker's proposal to require applicants for and recipients of public assistance and unemployment insurance to pass drug tests. The groups all signed onto a letter criticizing the plan. The coalition includes advocates for Wisconsin's poor and women, members of the state's faith community, organized labor, and more.

International

Indonesia Set to Execute Eight More Drug Offenders, Including Seven Foreigners. A spokesman for the Indonesian attorney general's office said today that the country is preparing to execute eight drug smugglers, including citizens of Australia, Brazil, France, Ghana, Nigeria, and the Philippines. It executed six others just two weeks ago, despite international condemnation.

The President's Budget: Drug War on Cruise Control [FEATURE]

This article was published in collaboration with AlterNet and first appeared here.

President Obama (whitehouse.gov)
President Obama released his Fiscal Year 2016 budget proposal today, and when it comes to the drug war budget, it's largely more of the same old same old. Despite the growing realization that the war on drugs is failed policy and despite the wave of marijuana legalization beginning to sweep through the states, there is no sign of anything new here.

Budget documents describe the drug war spending as "a 21st Century approach to drug policy that outlines innovative policies and programs and recognizes that substance use disorders are not just a criminal justice issue, but also a major public health concern" and calls for "an evidence-based plan for real drug policy reform, spanning the spectrum of prevention, early intervention, treatment, recovery support, criminal justice reform, effective law enforcement, and international cooperation."

But the rhetoric doesn't match up with the spending proposals. Instead, the decades old, roughly 60:40 split in favor of law enforcement over prevention and treatment continues. While the Department of Health and Human Services would get more than $10 billion for treatment and prevention programs (more than $6 billion of it for Medicaid and Medicare), drug law enforcement spending in the Departments of Defense, Homeland Security, and Justice, as well as the drug czar's office would total more than $14.5 billion.

Justice Department drug war spending would increase from $7.79 billion this fiscal year to $8.14 billion next year under the president's proposal. That includes nearly $3.7 billion for the Bureau of Prisons (up $187 million), $2.46 billion for the DEA (up $90 million), $519 million for the Organized Crime Drug Enforcement Task Force (up $12 million), and $293 million for the Office of Justice Programs (up $50 million).

That last line item -- the Office of Justice Programs -- is where the Edward Byrne Justice Assistance Grants, which typically fund multi-jurisdictional drug task forces, are found. It would see a rather substantial 20% funding increase despite congressional efforts in recent years to cut it back. That means more drug task forces, more drug busts, and more back-end costs associated with them (see the Bureau of Prisons line item).

While the overall federal drug budget is up to $27.57 billion (from $26.34 billion last year), there are decreases in some line items. The Office of National Drug Control Policy (ONDCP -- the drug czar's office) would be cut from $375 million this year to $307 million next year, the High Intensity Drug Trafficking Areas (HIDTA) program would be cut from $245 million to $193 million, and Defense Department drug war spending would be cut from $1.307 billion to $1.267 billion.

There are no huge increases in the drug war budget, but neither are there significant decreases. This is very much a drug war budget on cruise control. And this is, of course, only the president's proposed budget. What the Congress will do with it remains to be seen.

If everyone agrees the drug war is a failure, someone forgot to tell the president.

Washington, DC
United States

Chronicle AM: Boehner Not Eager to Mess With DC, NE AG Explains Lawsuit, Forfeiture Pressure, More (1/28/15)

The House Speaker doesn't appear too interested in undoing legalization in DC, Nebraska's AG explains his lawsuit against Colorado legalization, good poll results from Virginia, more pressure for federal asset forfeiture reform, and more. Let's get to it:

House Speaker Boehner Not Eager to Mess With DC's Pot Legalization. DC Mayor Muriel Bowser met Tuesday with the speaker and reported that he seemed little interested in trying to undo the will of District voters who approved limited legalization in November. "Well, I think that the speaker wants to be able to concentrate on national issues, and recognizes that the District of Columbia is moving in the right direction, and would prefer to have his interest on national issues," Bowser said in her recap of the meeting.

Nebraska's Attorney General Explains Why He Is Suing Colorado. State Attorney General Doug Peterson has penned a column explaining his reasoning for asking the Supreme Court to undo marijuana legalization in Colorado. Click on the link to read it in full.

Vermont Will See a Legalization Bill This Year. The Green Mountain State is almost universally included in those lists of "the next states to legalize marijuana," and now Sen. David Zuckerman (P-Crittenden County) says he will introduce a bill to do just that. He said there's no reason to delay. "I think there is a wait-and-see attitude on the part of many," Zuckerman said. "There's also a let's-get-there-and-get-it-done attitude."

Poll Finds Virginians Strongly Support Decriminalization, Medical Marijuana. A Christopher Newport University survey released Tuesday found 71% of registered voters support decriminalization and 69% favor medical marijuana. The poll comes just days after state Sen. Adam Ebbin (D-Alexandria) introduced a decriminalization bill. Click on the poll link for methodological and other details.

Anchorage Bans Public Consumption, But Allows Use in Licensed Premises. Alaska's largest city has opened the door to "cannabis cafes." The Anchorage Assembly voted to prohibit public pot smoking, but approved an amendment allowing allows for consumption in places "authorized by a state permit or license or authorized by a municipal permit or lease."

Wichita Will Vote on Decriminalization in April. The city council okayed putting a decriminalization initiative on the April 7 ballot after backers presented petitions with thousands of signatures supporting it. The vote was 6-1. Those 21 and over caught with 32 grams or less would face a citation and a $50 fine.

Medical Marijuana

In Pennsylvania, A Change of Tune From the Governor's Mansion. Last year, then Gov. Tom Corbett (R) was a staunch foe of medical marijuana. But now, there's a new year, a new legislative session, and a new governor. This one, Democrat Tom Wolf, met with families of children suffering from diseases treatable by medical marijuana Tuesday and said he would support broad medical marijuana legislation.

Asset Forfeiture

ACLU, NACDL Speak Out for Asset Forfeiture Reform.The National Association of Criminal Defense Lawyers sent a letter to every congressional office, expressing support for proposals to stop police from seizing cash, cars and other property from people without convicting them of a crime. And he American Civil Liberties Union also issued a strong statement on Tuesday, saying reforms are needed to protect innocent Americans from a seizure system that has a disproportionate effect on low-income people. The letter and statement are in support of Senate Bill 255, introduced yesterday by Sen. Rand Paul (R-KY), or similar legislation.

Pregnancy

ACLU of Virginia Object to Bill Targeting Pregnant Women Who Use Drugs. The civil liberties group is challenging HB 1456, filed by Del. Les Adams (R-Pittsylvania County). The bill would authorize child welfare authorities to investigate or make a family assessment any "report or complaint that a pregnant woman is using a controlled substance" in an illegal manner. The state ACLU affiliate says the bill is dangerous for pregnant women and their fetuses because it would prevent them from seeking the health care they need.

Chronicle AM: DEA License Plate Spying; Federal Asset Forfeiture, Hemp & State MedMJ Bills Filed (1/27/15)

A marijuana business group predicts 18 states will legalize by 2020, medical marijuana bills get filed in Florida and Pennsylvania, the DEA is tracking your license plates, federal asset forfeiture reform and hemp bills are filed, and more. Let's get to it:

Arcview sees legalization in 18 states by 2020.
Marijuana Policy

ArcView Group Predicts 18 States Will Legalize By 2020. ArcView Market Research, a firm that pairs investors with marijuana-related businesses, is predicting that 18 states will have legalized marijuana by the end of 2020. Those states are: Arizona, California, Massachusetts, Maine, Nevada, Rhode Island, and Vermont by 2016; Connecticut, Delaware, Maryland, Montana, New Hampshire, and New Jersey by 2020. Alaska, Colorado, Oregon, and Washington have already legalized it, as has the District of Columbia.

Southern California Legalization Meetings Planned. The California Coalition for Cannabis Policy Reform, which is working to create a unified movement behind a legalization initiative in 2016, will be holding a series of meetings in Southern California this weekend. There will be events in West Hollywood, Riverside, San Diego, and Santa Ana. They want people to RSVP. Click on the link for meeting details.

Medical Marijuana

Full-Blown Medical Marijuana Bill Filed in Florida. State Sen. Jeff Brandes (R-St. Petersburg) has filed Senate Bill 258, which would regulate the cultivation, distribution, and use of medical marijuana in the state. The proposal larger mirrors that failed constitutional amendment that won 57% of the vote last year (it needed 60% to pass because it was a constitutional amendment). The state passed a medical marijuana bill last year, but it was limited to high-CBD cannabis oils. Brandes is chair of the Senate Transportation Committee and sits on the Criminal Justice Committee, too.

Medical Marijuana Bill Reintroduced in Pennsylvania. State Sens. Daylin Leach (D-Montgomery) and Mike Folmer (R-Dauphin) have reintroduced a medical marijuana that died late in the last session. The new bill, Senate Bill 3, is almost identical to last year's Senate Bill 1182. It has a bipartisan batch of cosponsors -- 11 Republicans and 14 Democrats.

Iowa Medical Cannabis Oil Registrations Now Open. The Department of Health has completed establishing a process to approve and generate medical cannabis oil registration cards. The legislature passed a bill last year allowing for such use. The relevant Health Department web page is here.

Hemp

Federal Hemp Bill Filed. Rep. Thomas Massie (R-KY) has filed HR 525, which would amend the Controlled Substances Act to exclude industrial hemp from the definition of marijuana. The bill has 47 cosponsors -- 31 Democrats and 16 Republicans. It's been assigned to the House Judiciary and House Energy and Commerce committees.

Asset Forfeiture

Federal Civil Asset Forfeiture Reform Bill Filed. Sen. Rand Paul (R-KY) has reintroduced the Fifth Amendment Integrity Restoration (FAIR) Act, SB 255. The measure would end the federal government's Equitable Sharing program for civil asset forfeiture. An identical measure has been introduced in the House. The bills are headed for each house's respective judiciary committees.

Law Enforcement

DEA is Spying on Millions of Vehicles. A license plate tracking program run by the DEA is building a national database that tracks the movement of vehicles around the US. The secret domestic intelligence-gathering program has scanned and stored hundreds of millions of records about motorists, all without a warrant. The DEA's uses of license plate readers on a massive scale "raises significant privacy concerns," said Sen. Patrick Leahy, senior Democrat on the Senate Judiciary Committee. "The fact that this intrusive technology is potentially being used to expand the reach of the government's asset-forfeiture efforts is of even greater concern." There's much more at the link.

Chronicle AM: WY MedMJ Bill Killed, Ukraine Blocks Methadone to Rebel Regions, More (1/26/15)

Some pleasantly surprising poll results from Michigan, medical marijuana bills are popping up all over the place, the Baby Bou Bou SWAT raid is sparking bills to rein in over-the-top drug raiders, and more. Let's get to it:

Georgia bills seek to rein in over-the-top drug raiders.
Marijuana Policy

Michigan Poll Has Support for Taxing and Regulating Marijuana at 64%. A SurveyUSA poll released late last week has nearly two-thirds of respondents saying they would support legalizing, taxing, and regulating marijuana to increase school and road funding. That same set of respondents did not support increasing sales tax to increase school and road funding. Only 43% answered yes to that question. Click the link for more poll details.

South Carolina Decriminalization Bill Filed. Rep. Mike Pitts (R-Laurens) has filed House Bill 3117, which would decriminalize the possession of up to an ounce of weed.

Medical Marijuana

Pediatricians Call for Rescheduling Marijuana, Say Compassionate Use for Children Okay. In a new policy statement, the American Academy of Pediatrics is recommending that the DEA reschedule marijuana to ease research on it. The influential medical society is also proposing that medical marijuana be made available on a compassionate basis for children with serious illnesses who have not benefited from other medicines. Click the policy statement link for more detail.

Georgia CBD Medical Marijuana Bill Filed. Rep. Allen Peake (R-Macon) today filed House Bill 1, which would allow the use of CBD cannabis oil for qualifying patients. He had earlier considered a bill that would allow marijuana to be grown in-state, but he removed that language after objections from Gov. Nathan Deal (R). Peake said he hopes a deal can be struck that will allow for cannabis oil to be imported to the state.

New Illinois Governor Stalling Medical Marijuana Licenses. Former Gov. Pat Quinn (D) left behind a list of companies poised to be granted medical marijuana business licenses, but incoming Gov. Bruce Rauner (R) is in no hurry. Now he wants to conduct "a thorough legal review of the process" used to choose licensees. Medical marijuana patients will have to continue to wait.

South Carolina Medical Marijuana Bill Filed. House Minority Leader J. Todd Rutherford (D-Columbia) and several cosponsors have filed House Bill 3140, which would allow qualifying patients to grow and possess limited amounts of marijuana. Last year, the legislature passed a CBD-only medical marijuana bill.

Wyoming Medical Marijuana Bill Killed in House. The House Judiciary Committee last Thursday killed a medical marijuana bill on a 5-4 vote. The bill was House Bill 78.

Drug Testing

Wisconsin Governor Won't Fight Feds Over Food Stamp Drug Testing, But Will Seek Waiver. Gov. Scott Walker (R) had vowed to fight the Obama administration over requiring drug tests for food stamp recipients, but his forthcoming budget proposal now says he will seek waivers from the federal government. Federal law bars adding new eligibility requirements to the food stamp program.

Law Enforcement

Baby Bou Bou SWAT Raid Sparks Georgia Bill Regulating "No Knock" Raids. The May drug raid over a $50 meth sale that left a Georgia infant seriously injured by a flash bang grenade has sparked a reaction in the state legislature. Senate Bill 45, filed by Sen. Vincent Fort(D-Fulton County) this month, would require police to show probable cause that there is imminent potential for life endangerment or destruction of evidence if they knocked and declared their presence at a suspect's door prior to arrest. A separate House Bill 56 would end unannounced arrests between 10 pm and 6 am, unless a judge specifically grants a warrant.

International

Ukraine Blocking Delivery of Opiate Maintenance Drugs to Rebel Regions. The Kiev government is effectively blockading the pro-Russia regions under control of rebels, including supplies of buphrenorphine and methadone. Russia has been delivering other medical supplies to the region, but not the opiate maintenance drugs, which are illegal in Russia. In Donetsk, the last 52 patients on buphrenorphine ran out earlier this month, and the dwindling supply of methadone will be gone by March 1. There are nearly 400 methadone patients in the region.

Drug War Issues

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