Intersecting Issues

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Chronicle AM: Bolivia Defends Coca Law at UN, MA Activists Oppose MJ Law Fix, More... (3/14/17)

Welfare drug testing bills are under consideration in Florida and North Dakota, Massachusetts legalizers warn lawmakers not to mess with the state's voter-approved pot law, Bolivia is set to defend its new coca law, and more.

Bolivian government officials head to Vienna to defend the country's new law expanding legal coca cultivation. (deamuseum.org)
Marijuana Policy

Massachusetts Initiative Campaign Tells Lawmakers to Back Off. The Yes on 4 Committee, the people behind the successful campaign to legalize marijuana in the state, is now urging legislators to back away from meddling with the state's new marijuana law. "The new law requires no fixes," said Yes on 4's Jim Borghesani. The legislative committee charged with "fixing" the law is set to open public hearings on possible revisions of the law next week.

Medical Marijuana

Arkansas Senate Again Rejects Ban on Smoked Medical Marijuana. For the second time in a week, the Senate has rejected Senate Bill 357, which would have banned smoking of medical marijuana. The Senate rejected the bill Monday night on a 15-11 vote and slapped down a later motion to allow it come back for yet another vote by a margin of 11-0.

Drug Testing

Florida Welfare Drug Testing Bill Advances. A bill that would require adults previously convicted of drug offenses to undergo drug screening and possible drug testing before their families could receive welfare payments passed the House Children, Families, and Seniors Subcommittee on Monday. The measure, House Bill 1117, is still before two other committees in the House.

North Dakota Welfare Drug Testing Bill Gets Trashed in Hearing. A welfare drug testing bill that has already passed the House came under sustained attack at a hearing in the Senate Human Services Committee Monday. The measure, House Bill 1308, would require welfare applicants to undergo drug screening and possible drug testing, but various witnesses testified it was not the way to go. One, Mandan small business owner Susan Beehler, said she had been on welfare in "It's a complicated issue, and it's not going to be solved by a pee cup," said Beehler, adding she's seen no hard data proving that drug screenings for TANF would be cost-effective for the state. The committee took no action on the bill.

International

Bolivia Will Defend New Coca Law at UN Meeting This Week. A Bolivian government delegation is headed for Vienna to attend the Commission on Narcotic Drugs (CND) meeting this week to defend its new coca expansion and drug trafficking laws. The European Union has questioned the new coca law, which almost doubles the amount of legal coca cultivation in the country, but President Evo Morales said Bolivia has "all the arguments" it needs to justify the increase.

German Medical Marijuana Cultivation Will Begin in 2019. Germany will begin state-regulated medical marijuana growing operations in 2019, German authorities said. The parliament voted to allow medical marijuana in January, but it will take time to get things up and running. Until then, medical marijuana prescriptions will be filled by imports from Canada and the Netherlands.

Chronicle AM: Conyers Racial Profiling Bill, Competing FL MedMJ Proposals, More... (3/13/17)

The senior member of the House files a racial profiling bill, Colorado lawmakers move to reduce medical marijuana homegrow limits, Kansas lawmakers mess with a medical marijuana bill, Texas lawmakers get a hearing on decriminalization, and more.

CBD cannabis oil (marijuanagames.org)
Marijuana Policy

Texas Decriminalization Bill Gets Hearing Today. The House Criminal Jurisprudence Committee today held a hearing on House Bill 81, which would decriminalize the possession of small amounts of marijuana. Under the bill, offenders would face a ticket and fine rather than jail time and a criminal record. The Sheriff's Association of Texas opposes the bill, arguing that marijuana is "a gateway drug."

Medical Marijuana

Colorado House Gives Preliminary Approval to Cutting Home Grow Plant Limits. The House voted last Friday to give preliminary approval to House Bill 17-1220, which would limit medical marijuana home grows to 16 plants per residence. The current limit is 99 plants. Gov. John Hickenlooper (D) and law enforcement support the bill as a means of reducing diversion. The House must vote on the bill again this week before sending it to the Senate.

Florida Lawmakers Have Six Competing Medical Marijuana Plans to Choose From. Voters approved medical marijuana at the ballot box last November. Now, the legislature is trying to figure out how to implement it. Here's an overview of the six competing plans.

Kansas Senate Committee Approves CBD Cannabis Oil Bill, But Activists Unhappy. The Senate Federal and State Affairs Committee approved a CBD cannabis oil bill last Thursday, but only after gutting the original bill, Senate Bill 155, and replacing it with Senate Bill 151, which would only allow doctors to recommend "non-intoxicating" cannabinoid medications. "This is not the scope of what those who want to see prescriptive authority for medical marijuana want," said Sen. David Haley (D-Kansas City), who sponsored the original bill. Haley said he would attempt to restore the original bill this week.

Race

Conyers Files Federal Racial Profiling Bill. Rep. John Conyers (D-MI), the longest serving member of the House (he's been there since 1965), filed House Resolution 1498 last Friday. The bill calls for "eliminat[ing] racial profiling by law enforcement."

International

Philippines President Creates New "Joint Command" to Wage Bloody Drug War. President Rodrigo Duterte has signed an executive order creating an Interagency Committee on Illegal Drugs (ICAD). The order mobilizes 21 executive agencies to prioritize "high value" targets and go after all levels of the drug trade. Since Duterte took office last year, more than 8,000 people have been killed by police or shadowy vigilante groups. Another 48,000 have been jailed.

Chronicle AM: CO Senate Passes Pot Club Bill, Pentagon Expands Recruit Drug Testing, More... (3/10/17)

The Pentagon adds a bunch of opioids and new synthetics to the drug panel it uses to test new recruits, a Colorado bill to allow social marijuana consumption advances, Canada doesn't take kindly to Marc and Jodie Emery's latest efforts, and more.

DOD is expanding the panel of drugs for which it tests new recruits. (Wikimedia)
Marijuana Policy

Colorado Senate Approves Bill to Allow Marijuana Social Clubs. The state Senate on Thursday voted to approve Senate Bill 184, which would allow local governments to permit BYOB cannabis clubs, as long as the businesses seeking them do not serve alcohol or food beyond light snacks. The bill doesn't specify whether indoor smoking would be allowed, which means a private club with no more than three employees could allow it under state smoking laws. The bill now goes to the House.

Medical Marijuana

West Virginia House Kills Surprise Bid to Reschedule Marijuana. Seeing that medical marijuana legislation was going nowhere in Charleston, Delegate Shawn Fluharty (D-Ohio) attempted to inset an amendment into a routine drug scheduling bill that would have moved marijuana from Schedule I to Schedule IV. The amendment excited several hours of debate, but was ultimately killed on a 35-64 vote. "Why are we so scared of helping people?" Fluharty argued in closing floor debate. "That's exactly what this does."

Asset Forfeiture

New Hampshire House Passes Bill to Close Federal Asset Forfeiture Loophole. The state House voted Thursday to approve House Bill 614, which would bar state law enforcement agencies or prosecutors from agreeing to transfer seized property to the federal government unless that seized property includes more than $100,000 in cash. That would end the loophole through which cops and prosecutors seek to end-run a 2016 law that barred civil forfeiture in most cases. The bill now heads to the Senate.

Drug Testing

Pentagon Announces Expanded Drug Testing of New Recruits. The Defense Department is expanding the drug testing of new recruits to include the same 26-drug panel used for active military members. The change will be effective April 3. Currently, recruits are only tested for four substances -- marijuana, cocaine, amphetamines, and MDMA -- but the new drug test will also look for heroin, codeine, morphine, hydrocodone, oxycodone, hydromorphone, oxymorphone, and a number of synthetic cannabinoids and benzodiazepine sedatives.

International

Canadian Cops Raid Marc and Jodie Emery's Cannabis Culture Stores. Police on Thursday morning raided Cannabis Culture stores in Ottawa, Toronto, and Vancouver, as owners Marc and Jodie Emery awaited bail hearings in Toronto. The well-known marijuana reform couple were arrested Wednesday night at the Toronto airport on their way to a cannabis expo in Spain. Police raided seven Cannabis Culture stores and two residences, Toronto police said. The Emerys have been selling marijuana at the shops without waiting for Canada to actually get around to legalizing it.

Filipino Lawmakers Approve Medical Marijuana. The Philippines House on Wednesday approved a bill to allow for the use of marijuana for medicinal purposes. The move comes as the government of President Rodrigo Duterte wages bloody war on other drug users and sellers. The legislation approved by the House would create a government-issued ID card for patients and designates certain qualifying diseases and conditions, as well as allowing for caregivers and dispensaries.

Blunting Trump's Mass Deportation Plans With Drug Reform [FEATURE]

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

As President Trump ratchets up the machinery of mass deportation, supporters of a humane, comprehensive approach to immigration are seeking ways to throw sand in its gears. When mass deportation is touted because of the "criminality" of those targeted, one solution is to reduce criminalization, which is not to turn a blind eye to violent or dangerous criminals, but to recognize that we live in an over-criminalized society. That means school kids can now be arrested for behavior that would have sent them to the principal's office in years past (especially if they're a certain color). The US also generates the world's largest prison-industrial complex, and has criminalized tens of millions of people for the offense of simply possessing a certain plant, and millions more for possessing other proscribed substances.

ICE arrests an immigrant in San Jose. (dhs.gov)
While Trump talks about "bad hombres" as he ramps up the immigration crackdown, data shows that the net of criminality used to deport not just undocumented workers, but also legal immigrants and permanent resident aliens, is cast exceedingly wide. It's overwhelmingly not gang members or drug lords who are getting deported, but people whose crimes include crossing the border without papers, as well as traffic and minor drug offenses.

The report Secure Communities and ICE Deportations: A Failed Program , which examined Immigration and Customs Enforcement deportation records, found that the top three "most serious" criminal charges used to deport people and which accounted for roughly half of all deportations were illegal entry, followed by DWI and unspecified traffic violations.

The fourth "most serious" criminal charge used to deport people was simple marijuana possession, with more than 6,000 people being thrown out of the country in fiscal years 2012 and 2013, the years the study covered. Right behind that was simple cocaine possession, accounting for another 6,000 in each of those years. "Other" drug possession charges accounted for nearly 2,500 deportations each of those years.

Nearly 3,000 people a year were deported for selling pot, and more than 4,000 for selling cocaine, but only about 2,000 a year for the more serious offense of drug trafficking, accounting for a mere 1% of all deportations in those years.

ICE raid in Atlanta. (dhs.gov)
This has been going on for years. In the same report, researchers estimated that some 250,000 people had been deported for drug offenses during the Obama administration, accounting for one-fifth of all criminal deportations. Now, the Trump administration gives every indication it intends to be even tougher.

In light of the massive use of drug charges to deport non-citizens, drug reform takes on a whole new aspect. Marijuana decriminalization and legalization may not generally be viewed through the lens of immigrant protection, but they shield millions of people from drug deportation in those states that have enacted such laws. Similarly, efforts to decriminalize drug possession in general are also moves that would protect immigrants.

Now, legislators and activists in vanguard states are adopting prophylactic measures, such as sealing marijuana arrest records, rejiggering the way drug possession cases are handled, and, more fundamentally, moving to decriminalize pot and/or drug possession. In doing so, they are building alliances with other communities, especially those of color, that have been hard hit by the mass criminalization of the war on drugs.

In California, first decriminalization in 2011 and then outright legalization last year removed pot possession from the realm of the criminal, offering protection to hundreds of thousands of immigrants. But the California legalization initiative, Proposition 64, also made the reduction or elimination of marijuana-related criminal penalties retroactive,meaning past convictions for marijuana offenses reduced or eliminated can be reclassified on a criminal record for free. Having old marijuana offenses reduced to infractions or dismissed outright can remove that criminal cause for removal from any California immigrant's record.

Across the county in New York, with a charge led by the state legislature's Black, Puerto Rican, Hispanic and Asian Caucus, the state assembly voted in January to approve AB 2142, which would seal the criminal records of people who had been unjustly arrested for simple possession of marijuana in public view, a charge police used to still bust people for marijuana after it was decriminalized in 1977. Like the Prop 64 provision in California, this measure would protect not only minority community members in general -- who make up 80% of those arrested on the public possession charge -- from the collateral consequences of a drug conviction, but immigrants in particular from being expelled from their homes.

"A marijuana conviction can lead to devastating consequences for immigrants, including detention and deportation," said Alisa Wellek, executive director of the Immigrant Defense Project. "This bill will provide some important protections for green card holders and undocumented New Yorkers targeted by Trump's aggressive deportation agenda."

"Sealing past illegitimate marijuana convictions is not only right, it is most urgent as the country moves toward legalization and immigrant families are put at risk under our new federal administration," said Kassandra Frederique, New York state director for the Drug Policy Alliance. "Comprehensive drug law reform must include legislative and programmatic measures that account for our wrongheaded policies and invest in building healthier and safer communities, from the Bronx to Buffalo, Muslim and Christian, US-born and green card-holding."

Companion legislation in the form of Senate Bill 3809 awaits action in the Senate, but activists are also pushing Gov. Andrew Cuomo to include similar language as part of his decriminalization proposal in state budget legislation, opening another possible path forward.

One-way street? (Creative Commons/Wikimedia)
"In New York State 22,000 people were arrested for marijuana possession in 2016. The misdemeanor charge for public view of marijuana possession gives those people convicted a criminal record that will follow them throughout their lives, potentially limiting their access to education, affecting their ability to obtain employment, leading to a potential inability to provide for their families," said Sen. Jamaal Bailey, author of the Senate bill.

"Furthermore, and even more problematic, there exist significant racial disparities in the manner that marijuana possession policy is enforced. Blacks and Latinos are arrested at higher rates despite the fact that white people use marijuana at higher rates than people of color. Responsible and fair policy is what we need here," Bailey added. "We must act now, with proactive legislation, for the future of many young men and women of our state are at stake here."

Meanwhile, back in California, Assemblywoman Susan Talamantes Eggman (D-Stockton) has reintroduced legislation explicitly designed to shield immigrants from deportation for drug possession charges, as long as they undergo treatment or counseling. Under her bill, Assembly Bill 208, people arrested for simple possession would be able to enroll in a drug treatment for six months to a year before formally entering a guilty plea, and if they successfully completed treatment, the courts would wipe the charges from their records.

The bill would address a discrepancy between state law and federal immigration law. Under state drug diversion programs, defendants are required to first plead guilty before opting for treatment. But although successful completion of treatment sees the charges dropped under state law, the charges still stand under federal law, triggering deportation proceedings even if the person has completed treatment and had charges dismissed.

"For those who want to get treatment and get their life right, we should see that with open arms, not see it as a way of deporting somebody," Eggman said.

Eggman authored a similar bill in 2015 that got all the way through the legislature only to be vetoed by Gov. Jerry Brown, who worried that it eliminated "the most powerful incentive to stay in treatment -- the knowledge that the judgment will be entered for failure to do so."

In the Trump era, the need for such measures has become even more critical, Eggman said.

"It might be a more complex discussion this year, and it's a discussion we should have," she said. "If our laws are meant to treat everyone the same, then why wouldn't we want that opportunity for treatment available to anyone without risk for deportation?"

Reforming drug laws to reduce criminalization benefits all of us, but in the time of Trump, reforming drug laws is also a means of protecting some of our most vulnerable residents from the knock in the night and expulsion from the country they call home.

Chronicle AM: PA Auditor General Calls for Legal MJ, NV Public Consumption Bill, More... (3/7/17)

Pennsylvania Auditor General Eugene DePasquale comes out for marijuana legalization, citing the tax revenue boost; a bill to limit home cultivation in Colorado advances, the Arizona Senate approves a hemp bill, the Arkansas Senate kills a no-smoking medical marijuana bill, and more.

Pennsylvania's auditor general has reefer dollar signs in his eyes as he calls for legalization. (Creative Commons/Wikimedia)
Marijuana Policy

Colorado Bill to Limit Home Cultivation Advances. The House Finance Committee voted Monday to approve House Bill 1220, which would limit home grows to 12 plants. Bill sponsors paint it as an effort to prevent diversion to the illegal market, but medical marijuana patients and advocates testified that it could make it difficult for them to grow enough medicine for their needs.

Nevada Bill to Allow Licenses for Public Events With Pot Consumption Filed. The state's leading pro-marijuana reform politician, Sen. Tick Segerblom (D-Las Vegas) filed Senate Bill 236 Monday. The bill, which is not yet available on the legislative website, would allow local governments to issue licenses for one-off events with public pot consumption, as well as licensing pot shops, bars, or other businesses to allow consumption on-premises. The bill has been referred to the Senate Judiciary Committee.

Pennsylvania Auditor Endorses Marijuana Legalization, Says State Could Earn Millions. Auditor General Eugene DePasquale (D) said Monday he supported marijuana legalization and that the state could generate $200 million a year in tax revenues from it. "The regulation-and-taxation-of-marijuana train has rumbled out of the station across the United States," DePasquale said at a press conference in the state capitol. "The question is whether Pennsylvania is going to miss its stop."

Medical Marijuana

Arkansas Senate Kills Bill to Ban Smoking of Medical Marijuana. The Senate voted 15-10 Monday to reject Senate Bill 357, which would have banned smoking medical marijuana. Bill sponsor Sen. Jason Rapert (R-Conway) argued smoking is a public health hazard and that smoking marijuana is a recreational use, not a medicinal one, but his colleagues were not buying his argument.

Hemp

Arizona Senate Passes Hemp Legalization Bill. The Senate has approved Senate Bill 1337, which would authorize industrial hemp production, processing, manufacture, distribution, and sales. It also includes language saying the state cannot prevent hemp commerce merely on the grounds that it is federally illegal.

Drug Policy

West Virginia Bill Would Create Drug Policy Office, Track Overdoses. A bill that would create an office to track fatal drug overdoses passed the House last week and heads to the Senate. House Bill 2620 would provide a central data collection point to track overdoses and arrests in the state. That information could be compiled and used as supporting data in research and as the state applies for federal grant money to combat the state's drug abuse epidemic. The bill is only one of many filed to deal with the opioid problem in the state. Click on the link for more.

Chronicle AM: No More Petty MJ Busts in Houston, Battle of the Georgia CBD Bills, More... (3/2/17)

Houston decriminalizes -- sort of -- Colorado ponders social cannabis clubs, Georgia legislators have passed two different CBD bills, Oregonians are ready to defelonize drug possession, and more.

This won't get you arrested in Houston anymore, but the cops will still take your stash. (flickr.com)
Marijuana Policy

Colorado Lawmakers Take Up Pot Social Club Bills. The Senate Business, Labor, and Technology Committee Wednesday approved a bill that would let local governments allow private marijuana clubs. Under Senate Bill 184, tokers would likely pay a fee to become members of a club and consume it there. Another, broader measure, Senate Bill 63, which would have allowed consumption licenses to be issued to shops where pot could be both sold and consumed, was defeated on a 6-1 vote.

Georgia Bill to Reduce Pot Penalties Advances. The Senate Judiciary Committee gave its seal of approval to Senate Bill 105 Tuesday. The bill reduces the penalty for possession of less than a half ounce of weed from up to a year in jail to a fine of up to $300. Possession of more than a half ounce, but less than two ounces, would be worth up to a year in jail, while possession of more than two ounces would remain a felony.

Houston "Decriminalization" Now in Effect. As of Wednesday, police in America's fourth-largest city will no longer arrest people with up to four ounces of pot. Instead, they will seize the weed and make the person sign a contract promising to take a drug education class.

Medical Marijuana

Arkansas Bill to Ban Smoking, Edibles Advances. The Senate Committee on Public Health, Welfare, and Labor has approved Senate Bill 357, which bans smoking medical marijuana and the selling of foods or drinks containing medical marijuana. The measure now heads to the Senate floor. That same committee rejected another bill, Senate Bill 238, that would have delayed implementation of the medical marijuana law under federal marijuana prohibition ends.

Georgia House Approves CBD Cannabis Oil Expansion Bill. The House on Wednesday approved House Bill 65, which would expand the state's 2015 CBD cannabis oil law. The bill adds new qualifying conditions, removes a one-year residency requirement, and allows reciprocity with other CBD cannabis oil states. The House move comes two weeks after the Senate passed a more restrictive CBD expansion bill, Senate Bill 16, which would only add one new condition and would reduce the maximum allowable THC in cannabis oil from 5% to 3%. Medical marijuana advocates are not happy with the Senate bill.

Drug Policy

Oregon Poll Finds Strong Support for Reducing Drug Possession Felonies to Misdemeanors. Nearly three-quarters (73%) of Oregonians support making small-time drug possession a misdemeanor, according to a new poll. Under current law, possession is a felony. The poll comes as a bill to do just that is about to be introduced.

Drug Testing

Florida Bill Would Require Welfare Drug Tests for Drug Offenders. Senate Appropriations Committee Chair Jack Latvala (R) introduced Senate Bill 1392 Wednesday. The measure would force people who have any felony drug conviction or "a documented history of multiple arrests" for drug use within the past 10 years to undergo drug testing before receiving welfare benefits. People who test positive would be barred from benefits for two years, although they could reapply after six months if they have completed drug treatment. A companion bill was also introduce in the House.

International

International Legal, Drug Policy Groups Call for Release of Philippine Critic of Duterte's Drug War. Both the Global Commission on Drug Policy and the International Commission of Jurists have issued statements tdemanding the immediate release of Senator Leila de Lima, who was arrested on drug charges after criticizing President Duterte's bloody crackdown on drugs. The charges against De Lima are "fabricated" and her prosecution is politically motivated, the ICJ said. "The ICJ calls on the Philippine government to immediately release Senator De Lima and immediately stop any further acts of harassment against her and other public critics of the government," the International Commission of Jurists (ICJ) said in a statement on Tuesday. The Global Commission also expressed concern about her arrest and called for her release: "We are hopeful that the presumption of innocence will be upheld and that Senator de Lima will soon be released from pre-trial detention," the GCDP said in a statement.

Trump Vows to Win War on Drugs, But Doesn't Mention Marijuana [FEATURE]

In his inaugural address to Congress Tuesday night, President Trump echoed the ghosts of Richard Nixon and Ronald Reagan -- not to mention summoning the specter of Miguel Cervantes -- as he vowed to defeat drugs.

If there is a silver lining, his ire appears directed at heroin and other hard drugs. The word "marijuana" did not appear once in his speech.

"Our terrible drug epidemic will slow down and ultimately, stop," he promised as part of a litany of MAKE AMERICA GREAT AGAIN accomplishments to come. ("Dying industries will come roaring back to life. Heroic veterans will get the care they so desperately need…")

And, having forgotten -- or more likely, never learned -- the lessons of the past half century of American drug prohibition, he's going to defeat drugs the old-fashioned way: with more war on drugs.

"To protect our citizens, I have directed the Department of Justice to form a Task Force on Reducing Violent Crime," Trump said. "I have further ordered the Departments of Homeland Security and Justice, along with the Department of State and the Director of National Intelligence, to coordinate an aggressive strategy to dismantle the criminal cartels that have spread across our Nation."

But talk is cheap. Drug law enforcement costs money. The DEA and other federal agencies are already waging a multi-billion dollar a year war on drugs; if Trump's budget proposals match his rhetoric, he will have to be prepared to spend billions more. Just when he wants to cut just about all federal spending but defense, too.

Trump can ratchet up the drug war in some ways without relying on congressional appropriations through his control of the executive branch. For instance, his Justice Department could direct federal prosecutors to seek mandatory minimum prison sentences in most or all drug cases, a practice eschewed by the Obama Justice Department. That, too, has budgetary consequences, but until some time down the road.

Trump did at least pay lip service to addressing drug use as a public health issue, saying he would "expand treatment for those who have become so badly addicted," but that doesn't gibe with his call to repeal the Affordable Care Act. If Obamacare is repealed, nearly three million Americans with addiction disorders with lose access to some or all of their health coverage, including nearly a quarter million receiving opioid addiction treatment.

Trump's Tuesday night crime and drug talk was interwoven with talk about the border, comingling immigration, drugs, and his border wall in a hot mess of overheated, but politically useful, rhetoric.

"We've defended the borders of other nations, while leaving our own borders wide open, for anyone to cross -- and for drugs to pour in at a now unprecedented rate," he said, ignoring the quadrupling in size of the Border Patrol in the past 20 years and the billions pumped into border security since 2001. "We will stop the drugs from pouring into our country and poisoning our youth."

Trump also said that he was already making America safer with his immigration enforcement actions.

"As we speak, we are removing gang members, drug dealers and criminals that threaten our communities and prey on our citizens. Bad ones are going out as I speak tonight and as I have promised," he said.

It's too early to see who is actually being deported in the opening days of the Trump administration, but if the past is any indicator, it's not "gang members, drug dealers, and criminals," but, in rank order, people whose most serious crime was crossing the border without papers, alcohol-impaired drivers, other traffic violators, and pot smokers. Those were the four leading charges for criminal immigration deportations in one recent year, according to Secure Communities and ICE Deportations: A Failed Program?

Trump's drug war rhetoric is triumphalist and militaristic, but so far it's largely just talk. The proof will be in budget proposals and Justice Department memoranda, but in terms of progressive drug policy, he's striking a very ominous tone. This does not bode well.

Five Reasons Trump Needs to Think Twice Before Waging War on Weed

White House press secretary Sean Spicer's comment last week that we "will see greater enforcement" of federal marijuana prohibition has set off tremors in the pot industry, but it should be setting off warning bells at the White House itself.

Going after legal marijuana will have serious political and economic ramifications. (Wikimedia/Gage Skidmore)
Any move against marijuana would be politically fraught, economically foolish, and counter to some of the Trump administration's other expressed goals, such as fighting Mexican drug cartels and creating American jobs right here in America.

Here are five reasons the Trump administration needs to think twice before its meddles with legal marijuana:

1. Legal marijuana is way more popular than Trump is. A Quinnipiac poll released last week is only the latest of a long series of polls in recent years showing majority support for marijuana legalization. That poll had nearly three out of five Americans -- 59% -- down with freeing the weed. And more directly to the political point, an even higher number -- 71% -- want the federal government to butt out in states where it is legal. Trump, meanwhile, is polling in the thirties or forties in personal popularity polls. And we know he wants to be liked.

2. Trump can't make legal marijuana go away; he can only mess it up. Even if Jeff Sessions lives up to marijuana industry nightmare scenarios by successfully shutting down pot businesses and preventing states from taxing and regulating it, marijuana possession and cultivation for personal use will remain legal under state law. The federal government cannot force state and local police to enforce federal marijuana prohibition and it does not have the resources to effectively do so itself. People will continue to grow and possess pot in legal states, and continue to sell it -- only now all that activity will return to the black market.

3. Legal marijuana is a job creation dynamo. The marijuana industry already employs more than 100,000 people and, if left unimpeded, would create more jobs than manufacturing by 2020, according to a recent report from New Frontier Data. That report projects that 250,000 jobs would be created in the industry by 2020, while Bureau of Labor statistics project than 800,000 manufacturing jobs are going to vanish by 2024. And new jobs are way more likely to pop up in marijuana processing operations than in coal fields.

4. Legal marijuana is a tax bonanza for the states. In Colorado, the state took in $200 million in pot tax revenues in 2016, using it for schools and public health and safety, Oregon took in $60 million, and Washington saw $35 million in the last fiscal year. In California, the Legislative Analyst's Office estimates legal weed will generate $1 billion in tax revenues per year. An awful lot of fiscal conservatives are very happy to see those revenues.

5. Legal marijuana hurts drug cartels. If the Trump administration wants to hurt Mexican drug trafficking organizations, the so-called cartels, not interfering with legal competition from this side of the border is a good way to do that. Mexican brick weed is not, of course, the sole source of cartel revenues, but it is a significant one, accounting for perhaps a fifth of cartel receipts, and legalization is hurting cartel marijuana exports. Seizures at the border have dropped by nearly two thirds in recent years, from a high of 3.5 million pounds in 2009 to only 1.5 million pounds in 2015, and there are many stories of Mexican pot farmers being driven out of business by competition from the north.

Chronicle AM: Quinnipiac Poll Has 59% for Legalization, Trump Could Kill ONDCP, More... (2/23/17)

Yet another national poll has a strong marjority for marijuana legalization, Trump administration cost-cutters eye the drug czar's office, Arizona pot legalizers refine their 2018 initiative, and more.

Going, going, gone?
Marijuana Policy

Quinnipiac Poll Has Support for Legalization at 59%. A new Quinnipiac poll has support for marijuana legalization nationwide at 59%, with an even larger number -- 71% -- saying the federal government should respect state marijuana laws. The poll also finds support for medical marijuana at stratospheric levels, with 93% in support.

Arizona Initiative Campaign Refines Its Proposal. Safer Arizona has refiled its marijuana legalization initiative after receiving criticism of some parts of it after it was originally filed last week. The new version adds a mandatory 1,000-foot buffer between schools and marijuana operations, makes it a crime -- not a civil offense -- to sell marijuana to minors, makes possession by minors a crime, but with only a $50 civil fine for a first offense, and allows local authorities to impose "reasonable zoning restrictions." The initiative needs 150,000 valid voter signatures by July to qualify for the 2018 ballot.

Wyoming Marijuana Edibles Penalties Bill Gets Tightened. A bill that originally created a tiered penalty system for both marijuana and marijuana edibles earlier had its provisions relating to marijuana removed, and now a Senate committee has further tightened the bill to make possession of more than three grams of edibles a felony and has increased the period for which past offenses would be considered from five years to 10 years. The committee taking a hatchet to House Bill 197 is the Senate Judiciary Committee. The bill had passed the House largely intact.

Medical Marijuana

North Dakota Senate Okays Changes to Voter-Approved Medical Marijuana Initiative. The Senate voted Wednesday to approve Senate Bill 2344, which imposes tougher restrictions and more oversight than the initiative approved by voters in November. The bill sets steep fees for patients and providers and allows the Health Department to inspect patients' homes with 24-hour notice and medical marijuana facilities with no notice. On the upside, it also allows for smoking medical marijuana and lowers the age for classification as minor from 21 to 19. The bill now heads to the House.

Drug Policy

Trump Considers Eliminating ONDCP, the Drug Czar's Office. The White House Office of Management and Budget has proposed cutting nine government programs, including the Office of National Drug Control Policy (ONDCP -- the drug czar's office). Unsurprisingly, the move is generating pushback from law enforcement, the drug treatment complex, and some legislators. Stay tuned.

Drug Testing

Arkansas Welfare Drug Testing Bill Passes House. A bill that would make permanent a pilot program requiring people seeking help from the Temporary Assistance for Needy Families (TANF) program to undergo drug screening and drug testing if deemed likely to be using drugs has passed the House. Senate Bill 123 has already passed the Senate, but now goes back for a housekeeping vote before heading to the governor's desk. The bill passed even though state Health Department officials testified that only two people had actually failed the drug test under the pilot program.

International

Edmonton Awaits Approval of Safe Injection Sites from Canadian Government. The province of Alberta and the city of Edmonton are ready to move ahead with safe injection sites and are now awaiting federal government approval. Local officials unveiled the locations of the proposed sites Wednesday. Last year, the Alberta government announced it would seek a federal exemption to set up "medically supervised injection services," and now it awaits action from the Liberal government in Ottawa.

Chronicle AM: OR Bill to Bar MJ Drug Tests Before Hiring Gets Rough Reception, More... (2/22/17)

An Oregon effort to protect marijuana using job seekers gets hammered by employers, the Arkansas commission charged with crafting rules and regs for medical marijuana has approved final rules, asset forfeiture reform has passed the North Dakota House, Bolivian coca farmers are unhappy, and more.

Drug testing that discriminates against marijuana users is an issue in pot-legal states. (Wikimedia)
Marijuana Policy

Oregon Bill to Block Employers From Firing Workers for Marijuana Use Gets Rough Reception. A bill that would protect workers from using state-legal marijuana during their off hours ran into a storm of opposition at a hearing Tuesday. Senate Bill 301 would bar employers from refusing to hire workers merely because of a positive test result for pot, but employers complained that the bill would violate federal law and that there is no scientific means of determining whether someone who tests positive is still under the influence. The hearing was before the Senate Judiciary Committee. No vote was taken.

Medical Marijuana

Arkansas Commission Approves Medical Marijuana Rules. The state Medical Marijuana Commission Tuesday approved final rules governing how the state's medical marijuana system will be regulated. Next comes a public hearing set for March 31, and then the rules must be approved by the state legislature, which must happen before May 8. After that, the commission will use the rules to determine who gets licenses to grow and sell medical marijuana.

Indiana CBD Bill Heads for Governor's Desk. The House passed Senate Bill 15 on a 98-0 vote Tuesday. The Senate had approved the bill last week, so it now goes to the desk of Gov. Eric Holcomb (R). The bill would allow people with epilepsy to use CBD cannabis oil.

South Carolina Medical Marijuana Bill Advances. A House panel voted 3-0 Tuesday to advance House Bill 3128, a full-fledged medical marijuana bill that includes provisions for dispensaries. The bill now goes to the full Medical Military and Municipal Affairs Committee.

Asset Forfeiture

North Dakota House Passes Asset Forfeiture Reform Bill. The House voted 50-42 Wednesday to approve House Bill 1170, which would end civil asset forfeiture by requiring a prior criminal conviction before property could be seized, and which would require that any revenues from seizures go to the state's general fund instead of to law enforcement. The measure now heads to the Senate.

International

Bolivian Coca Farmers Clash With Police Over Cultivation Limits. Angry coca farmers threw rocks, fireworks, and sticks of dynamite as they clashed with police outside the Palacio Quemado, the seat of government and official residence of President Evo Morales in La Paz. That was the second day of clashes sparked by the government's move to limit coca cultivation to 50,000 acres. The government says local demand only requires about 40,000 acres, but the farmers say that figure is too low.

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