Sentencing

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Chronicle AM: RI House Punts on Pot Legalization, Leading Mexican Journo Gunned Down, More... (5/17/17)

The Rhode Island House voted to study pot legalization instead of actually do it, Vermont newspapers pressure the governor to sign the pot legalization bill, the federal Justice Safety Valve Act gets refiled, Mexican journalist Javier Valdez Cardenas is gunned down, and more. 

RIP. Mexican journalist Javier Valdez Cardenas, gunned down by presumed cartel hit men in Culiacan, Sinaloa, Monday. (Twitter)
Marijuana Policy

California Assembly Passes Bill to Restrict Edibles Packaging. The Assembly on Monday approved Assembly Bill 350, which would bar labels on edibles that "contain any content that is designed to be attractive to individuals under the age of 21," including cartoons, images that resemble those used to advertise to children, or have candy-like packaging. The bill now goes to the state Senate.

California Senate Passes Edibles Packaging Bill. The Senate on Tuesday unanimously approved Senate Bill 794, which would require all baked items and candies containing pot to be marked with a universal symbol (to be designed by the Bureau of Marijuana) and wrapped in child-resistant packaging. The bill now goes to the House.

Rhode Island House Punts on Legalization, Votes for More Study. The House Judiciary Committee on Tuesday voted to put off marijuana legalization for at least another year, instead approving a bill to set up a joint House-Senate commission to study the issue. The vote came as more than 200 people gathered on the state house steps to demand a vote on legalization. Legalization backers in the legislature say they have not given up on this year yet, though. Sen. Joshua Miller (D-Cranston) said he has "about three alternatives in my back pocket to get this done one way or another" and "I won’t give up on this until the last night of session."

Four Vermont Newspapers Call on Governor to Sign Legalization Bill. The Burlington Free Press, the Bennington Banner, the Addison County Independent, and the Rutland Herald have all published editorials urging Gov. Phil Scott (R) to sign into law Senate Bill 22, which would legalize the possession and cultivation of small amounts of marijuana and set up a commission to study taxing and regulating marijuana commerce. The bill has not yet officially arrived on Scott's desk. Once it does, he will have five days to either sign it, veto it, or allow it to become law without his signature.

Washington Governor Signs "Omnibus" Marijuana Bill. Gov. Jay Inslee (D) on Tuesday signed into law Senate Bill 5131, the "omnibus bill" of more than a dozen legal changes to the state's marijuana laws. The bill creates an organic certification program for weed, allows people to share pot with friends without fear of violating the law, bars pot businesses from depicting plants on any billboards, allows medical patients to buy seeds and plants from producers, and instructs regulators to study the feasibility of allowing people to grow their own. Washington is the only legal state that doesn't allow for home grows.

Medical Marijuana

Delaware Medical Marijuana Expansion Bill Stalled. A bill that would have expanded the list of qualifying conditions for medical marijuana stalled in the Senate Tuesday as lawmakers complained that a promised amendment to address concerns of the medical profession was never added. But sponsor Sen. Margaret Rose Henry (D-Wilmington) said Senate Bill 24 would be reintroduced at a later date. The bill would have added debilitating anxiety to the list of qualifying conditions and removed a requirement that a psychiatrist sign recommendations for people seeking medical marijuana for PTSD.

Drug Policy

Sen. Kamala Harris Slams Trump/Sessions Drug Policy. California's junior senator, Kamala Harris (D) on Tuesday took Attorney General Sessions to task over his call for tough crackdown on drug offenders last week. "I saw the war on drugs up close, and let me tell you, the war on drugs was an abject failure," Harris said. "It offered taxpayers a bad return on investment, it was bad for public safety, it was bad for budgets and our economy, and it was bad for people of color and those struggling to make ends meet." She also called for federal marijuana rescheduling and decriminalization.

Sentencing

Bipartisan "Justice Safety Valve Act" Filed in Both Houses. Sens. Rand Paul (R-KY), Patrick Leahy (D-VT), and Jeff Merkley (D-OR) on Tuesday reintroduced the Justice Safety Valve Act, Senate Bill 1127, while Reps. Bobby Scott (D-VA) and Thomas Massie (R-KY) filed companion legislation, House Bill 2435, in the lower chamber. The bill would give federal judges the ability to impose sentences below mandatory minimums in appropriate cases based on mitigating factors. "Mandatory minimum sentences disproportionally affect minorities and low-income communities, while doing little to keep us safe and turning mistakes into tragedies. As this legislation demonstrates, Congress can come together in a bipartisan fashion to change these laws," said Sen. Paul. 

International

Leading Mexican Journalist Gunned Down in Sinaloa. Gunmen in the state capital of Culiacan on Monday assassinated journalist Javier Valdez Cardenas, 50, as he drove to work in his car. Valdez, a veteran journalist who chronicled the bloody conflicts between drug cartels in his home state, co-founded the newspaper Riodoce in 2003, and had won prizes from Columbia University and the Committee to Protect Journalists for his reporting. Valdez is only the latest of at least 104 journalists who have been killed in Mexico since 2000; another 25 have disappeared. The killing is raising pressure on the Mexican government, which has failed to solve all but a handful of the slaying. Your reporter met Valdez in his office in Culiacan in 2008. He will be missed. 

Chronicle AM: Rand Paul Slams Jeff Sessions, Guatemala Poppy Conflict Grows Violent, More... (5/16/17)

Marijuana legalization efforts look stalled in Connecticut and Rhode Island, Rand Paul joins the chorus of critics of Attorney General Sessions' drug war crackdown, the California Senate approves a bill to end sentencing enhancements for prior drug convictions, and more.

Kentucky libertarian GOP Sen. Rand Paul says return to harsh drug war will disproportionately harm black communities.
Marijuana Policy

Connecticut Dems Put Legalization Language in Budget Bill. Democrats have included marijuana legalization language in their budget recommendations, while conceding they don't have enough votes in their own caucus to pass the measure. The measure needs 76 votes to pass, but not all 79 Democrats are on board. They said they included the language to spur further conversations and to help balance the state budget. Legalization bills have been defeated in two committees this year.

Rhode Island Bill to Create Legalization Study Commission Gets Vote Today. The House Judiciary Committee was set to vote today on a measure that would create a legislative commission to study marijuana legalization. The move is not supported by legalization proponents, who charge it is a delaying tactic. Foes were set to rally at the statehouse at noon today to urge a legalization vote this year.

Drug Policy

Rand Paul Slams Sessions' Return to Hard Core Drug War. Sen. Rand Paul (R-KY) slammed Attorney General Sessions' new sentencing guidelines in a CNN op-ed Monday. Last Friday, Sessions instructed federal prosecutors to charge defendants with the most serious possible offense carrying the longest possible prison sentence. "The attorney general's new guidelines, a reversal of a policy that was working, will accentuate the injustice in our criminal justice system," Paul wrote, adding that the "war on drugs" disproportionately affects young black men. "I want to go the opposite way from the attorney general," Paul said.

Senate Bill to Reauthorize Drug Czar's Office Funding Filed. Sen. Jeanne Shaheen (D-NH) has filed Senate Bill 1123, which would reauthorize funding for the Office of National Drug Control Policy (ONDCP -- the drug czar's office). The move comes after the Trump administration suggested cutting funding for the office by 95%. This bill does not actually fund ONDCP; it merely authorizes funding it. Actual appropriations levels would be set later in the budget process.

Sentencing

California Senate Approves Bill to End Sentence Enhancements for Prior Drug Convictions. The Senaate approved the RISE ACT (Repeal Ineffective Sentencing Enhancements), Senate Bill 180, on a party line vote Monday. The bill would repeal a three-year mandatory enhancement for prior drug convictions that are added to any new conviction. Today, someone convicted for sale or possession for sale of a miniscule amount of drugs, can face 3-5 years plus an additional three years in jail for each prior conviction for similar drug offenses.

International

Guatemala Border Communities Clash Over Cartel-Tied Opium Crops. The Guatemalan government has declared a state of emergency in the Ixchiguán and Tajumulco municipalities of the San Marcos department near the border with Mexico after community members engaged in armed battles between themselves and the Guatemalan military. The villagers are fighting over poppy crops, with one village aligned with the Jalisco New Generation cartel and the other aligned with the Sinaloa cartel. Videos of the conflict show the villagers heavily armed.

Chronicle AM: AG Sessions Orders Tougher Sentencing, NH Gov Will Sign Decrim, More... (5/12/17)

Attorney General Sessions has rolled out plans to return to the harsh war on drugs of old, New Hampshire is set to become the next decriminalization state (even as polls show it's ready for legalization), Denver takes a step toward social pot consumption permits, and more.

Attorney General Sessions has announced a return to the "tough on drugs" policies of the last century. (senate.gov)
Marijuana Policy

New Hampshire Poll Has Strong Support for Legalization.A new poll from the University of New Hampshire Survey Center has some of the strongest support anywhere for marijuana legalization. The poll found 68% supported legalization, with only 27% opposed. What makes the finding even more striking is that more than half (53%) of respondents in the same poll identified drug abuse as the most serious issue facing the state. As the pollster noted, "The public doesn't see marijuana legalization and the opioid crisis as the same issue."

New Hampshire Governor Says He Will Sign Decriminalization Bill. Maybe he's following the polls, but Gov. Chris Sununu (R) has confirmed that he will sign House Bill 460, which decriminalizes the possession of up to three-quarters of an ounce of pot. "I want to thank the Legislature for passing common sense marijuana reform," Sununu said in a statement. "I look forward to signing House Bill 640 into law."

Texas Decriminalization Bill Dies. The clock has run out on House Bill 81, which would have decriminalized the possession of small amounts of marijuana. The House failed to take up the bill before a midnight Thursday deadline, meaning it is now dead for the session.

Denver Releases Draft Rules for Social Marijuana Consumption Permits. The city released draft rules and regulations for businesses seeking to obtain permits to allow onsite marijuana consumption on Thursday. The draft rules do not allow businesses seeking such a permit to hold a liquor license, meaning dreams of being able to smoke and drink at the same place have gone out the window -- at least for now. The rules are still open for review, with a public hearing set for June 13. The rules also envision making customers sign a waiver form saying they won't drive impaired and won't sell pot at the business. Businesses would not be able to sell any marijuana; instead customers would have to BYOB -- up to an ounce.

Philadelphia Mayor Says Legalize It, Let State Liquor Stores Sell It. Mayor Jim Kenney (D) has called for pot to be legalized and sold at state liquor stores. The state has "the perfect system to set up the legal recreational use" of marijuana with its state-controlled liquor stores, Kenny said. Doing so would allow the state "to capture all the income that is going to the underground," he said, adding that revenues could go to public education.

Medical Marijuana

Michigan Bill Would Allow Patients to Transport Their Medicine. Rep. Peter Lucido (D-Macomb County) has filed House Bill 4606, which would repeal a 2012 law making it illegal to transport marijuana unless it's in a container in the trunk of a vehicle. It's "ridiculous" that medical marijuana patients can't carry pot like any other prescription medication," Lucido said."It makes no sense to give out medical marijuana cards and force patients to put it in the trunk," he continued. "My God, it's not a gun -- being a lawyer, my law firm has taken on at least a dozen of these cases."

New Jersey Panel Recommends Adding Chronic Pain as Qualifying Condition. The state Medical Marijuana Program Review Panel on Friday recommended that the Health Commissioner approve chronic pain related to a number of ailments as a qualifying condition for the use of medical marijuana. There will now be a 60-day comment period and a public hearing before the recommendations is finalized and sent to the commissioner.

Drug Policy

Attorney General Sessions Orders Tougher Drug Sentencing, Rolling Back Obama Reforms. In a memo released Thursday, Attorney General Jeff Sessions ordered federal prosecutors to pursue the toughest possible charges against crime suspects, rolling back Obama administration steps to ease penalties for some nonviolent drug offenders. The policy shift signals a return to "enforcing the laws that Congress has passed," Sessions said Friday.

ACLU Criticizes Sessions' Shift Back to Failed Drug Policies. The American Civil Liberties Union (ACLU) responded to Attorney General Sessions' shift in drug policy by calling it "repeating a failed experiment" and a throwback to the 1980s. Udi Ofer, director of the ACLU's Campaign for Smart Justice said it sounds like a return to the dark days of the 1970s and 1980s, which "devastated the lives and rights of millions of Americans."

Eric Holder Criticizes Sessions Shift Back to Failed Drug Policies. Obama-era Attorney General Eric Holder, author of some of the sentencing reforms being rolled back by Sessions, called the move "dumb on crime" and said Sessions is ignoring bipartisan support for sentencing changes. Sessions' policy is "an ideologically motivated, cookie-cutter approach that has only been proven to generate unfairly long sentences," Holder added.

Chronicle AM: VT Lawmakers Pass Legalization, Sessions May Restart Harsh Drug War, More... (5/10/17)

A bill legalizing the possession and cultivaiton of small amounts of marijuana has passed the Vermont legislature, Attorney General Sessions could be on the verge of reinstating harsh drug war prosecution practices, Mexico's drug violence is on the upswing, and more.

The Vermont legislature made history today becoming the first to have both houses approve a legalization bill. (Wikimedia)
Marijuana Policy

Vermont Legislature Passes Legalization Bill. The state becomes the first in the nation to have both chambers of the legislature approve a marijuana legalization bill after the House voted on Wednesday to approve Senate Bill 22, a compromise between a House bill that would only legalize possession and cultivation -- not commerce -- and a Senate bill that envisioned a full-blown tax and regulate law. This bill postpones the effective date of personal legalization to next year and creates a commission to study whether to advance on taxation and regulation. The bill has already passed the Senate and now heads to the desk of Gov. Phil Scott (R). It is unclear whether Scott will sign the bill or not.

Medical Marijuana

Texas Medical Marijuana Bill Dies. Despite the strongest support yet in Austin, the fight to pass a medical marijuana bill is over. House Bill 2107 is dead, killed by the House Calendars Committee, which failed to take action on it by a Tuesday deadline.

Asset Forfeiture

Iowa Governor Signs Asset Forfeiture Reform Bill. Gov. Terry Branstad (R) on Tuesday signed into law Senate File 446, which requires a criminal conviction before property valued at less than $5,000 can be seized by police. The new law also raises the standard of proof from a preponderance of the evidence to "clear and convincing" evidence, and implements record-keeping requirements.

Drug Policy

Attorney General Sessions Could Bring Back Harsh Drug War Prosecutions. Sessions is reviewing policy changes that could reverse Obama era sentencing practices aimed at reducing the federal prison population. According to reports, Sessions could be on the verge of reversing an Eric Holder memo that instructed prosecutors to avoid charging low-level defendants with crimes carrying the most severe penalties and to avoid seeking mandatory minimum sentences. "As the Attorney General has consistently said, we are reviewing all Department of Justice policies to focus on keeping Americans safe and will be issuing further guidance and support to our prosecutors executing this priority -- including an updated memorandum on charging for all criminal cases," Ian Prior, a department spokesman, in a statement to The Washington Post.

Drug Testing

Labor Department Removes Obama Rule Blocking States' Drug Testing for Unemployment Benefits. The department will publish in the Federal Register on Thursday notice that it is officially removing the Obama era rule that limited states' ability to force unemployment applicants to undergo drug testing. Congress had repealed the rule under the Congressional Review Act in March.

International

Irish Senators Approve Supervised Injection Sites. The Seanad on Wednesday approved legislation permitting the creation of supervised injection sites with a bill that will allow for the preparation and possession of drugs on such premises. The measure was approved by the lower house, the Dail, in March.

Mexico's Drug War Was World's Second Deadliest Conflict Last Year. Some 23,000 people were killed in prohibition-related violence in Mexico last year, making the country second only to Syria in terms of lives lost to conflict. About 50,000 were reported killed in the Syrian civil war in 2016. The numbers come from an annual survey of armed conflict from the International Institute for Strategic Studies. "The wars in Iraq and Afghanistan claimed 17,000 and 16,000 lives respectively in 2016, although in lethality they were surpassed by conflicts in Mexico and Central America, which have received much less attention from the media and the international community," said Anastasia Voronkova, the editor of the survey. Last year's toll is a dramatic increase from the 15,000 conflict deaths in Mexico in 2014 and the 17,000 in 2015. "It is noteworthy that the largest rises in fatalities were registered in states that were key battlegrounds for control between competing, increasingly fragmented cartels," she said. "The violence grew worse as the cartels expanded the territorial reach of their campaigns, seeking to 'cleanse' areas of rivals in their efforts to secure a monopoly on drug-trafficking routes and other criminal assets."

Colombian Coca Production More Than Triples. Thanks largely to "perverse incentives" linked to the end of the decades-long conflict between the Colombian state and the FARC, Colombia is growing more coca than ever. As a result, the cocaine market is saturated, prices have crashed, and unpicked coca leaves are rotting in the fields. "We've never seen anything like it before," said Defense Minister Luis Carlos Villegas. The country produced a whopping 710 tons of cocaine last year, up from 235 tons three years earlier.

Chronicle AM: DHS Flip Flops on MJ, OR Bill to Protect MJ Users from Feds Passes, More... (4/19/17)

Two top federal security officials say scary things about marijuana policy, at least two states are moving to protect pot people from any federal crackdown, San Francisco becomes the latest city to embrace LEAD, and more.

DHS head John Kelly went from marijuana "is not a factor" in drug war to vowing to deport marijuana users in less than 48 hours.
Marijuana Policy

AG Sessions Says Marijuana Plays Role in International Criminal Enterprises. Attorney General Jeff Sessions said Tuesday that marijuana is a significant part of international drug trafficking and that there is "a lot" of violence around "marijuana distribution networks" in this country. "We have quite a bit of marijuana being imported by the cartels from Mexico. This is definitely a cartel-sponsored event," he said. "So it is a financial money-maker for them," he said. "I returned from the border last week and they told me that quite a number of the people they arrest are hauling marijuana across the border."

Homeland Security Chief Says Marijuana Possession is Grounds for Deportation. What a difference a couple of days makes! Over the weekend, Homeland Security Chief John Kelly said that "marijuana is not a factor" in the administration's war on drugs, but by Tuesday, he had changed his tune, denouncing marijuana as a "gateway drug" and warning that DHS would use pot charges to deport people. "ICE will continue to use marijuana possession, distribution and convictions as essential elements as they build their deportation removal apprehension packages for targeted operations against illegal aliens living in the United States," he said.

California Bill to Protect Pot People from Feds Advances. A bill aimed at protecting marijuana users and the state's blossoming pot industry from any federal crackdown was approved by the Assembly Public Safety Committee on a 5-2 vote. The measure, Assembly Bill 1578, would prevent state and local police from helping federal law enforcement crack down on state-legal marijuana activity.

Guam Governor Backs Away from Legalization Proposal, Citing Trump. Governor Eddie Baza Calvo has suspended his push to legalize marijuana on the American territory, citing a change of atmosphere in Washington. "US Attorney General Jeff Sessions' pronouncement that the federal government intends to crack down on jurisdictions where recreational marijuana is legal," a Calvo spokesman pointed out.

Oregon Bill to Protect Pot People from Feds Signed into Law Governor Kate Brown (D) on Monday signed into law Senate Bill 863. The bill would protect Oregon marijuana users from any federal crackdown by prohibiting the state's pot retailers from sharing or keeping information about their customers' purchases or identities.

Atlanta City Council Punts on Marijuana Decriminalization. The city council on Tuesday failed to pass a decriminalization ordinance, instead referring the measure to the Public Safety Committee for further review. The measure would have decriminalized the possession of up to an ounce, with a maximum fine of $75.

Medical Marijuana

Iowa Senate Approves Bill to Down-Schedule Marijuana. The state Senate voted Tuesday to approve a bill that would reschedule marijuana under state law from Schedule I to Schedule II and allow the manufacture and distribution of medical marijuana products. The bill now heads to the House.

North Dakota Governor Signs Medical Marijuana Regulation Bill. Governor Doug Burgum (R) on Monday signed into law Senate Bill 2344, which imposes sweeping legislative modifications on the state's new voter-approved medical marijuana law. With the governor's signature on the bill, the state now expects to have its system up and running within 12 to 18 months.

Law Enforcement

San Francisco Begins Law Enforcement Assisted Diversion (LEAD) Program. As of the beginning of April, the city is now operating a Law Enforcement Assisted Diversion (LEAD) program aimed at reducing the incarceration and criminalization of drug users and those with mental illnesses. LEAD is a pre-booking diversion program that refers low level offenders to treatment and community-based health and social services instead of prosecuting and jailing them. LEAD was pioneered in Seattle and is now in operation in a handful of cities across the country.

Chronicle AM: LatAm Drug Prisoner Numbers Up, UNODC Sends Adviser to Philippines, More... (4/18/17)

They don't even want to think about legalization in Montana, Rhode Island's governor would rather think about it next year, two GOP governors sign CBD cannabis oil bills, Latin American drug incarceration is on the increase, the UNODC sends an advisor to the Philippines, and more.

Two more states edge toward medical marijuana by passing CBD cannabis oil bills. (marijuanagames.org)
Marijuana Policy

Florida Decriminalization Bill Gets Hearing, Gets Killed. The state Senate Judiciary Committee held a hearing on a marijuana decriminalization bill Monday, then voted to "temporarily postpone" the bill, effectively killing it for the year. The bill, which would have made small-time pot possession a civil infraction, was Senate Bill 1682.

Montana Bill to Study Legalization Dies in House. A bill that would have created an interim legislative committee to study marijuana legalization died Monday in the House. House Joint Resolution 35 failed on a vote of 45-55. Nine Republicans voted to approve the bill, but five Democrats voted against it.

Rhode Island Governor Wants to Study Legalization, Not Pass it This Year. The administration of Gov. Gina Raimundo (D) has sent a letter to the House Judiciary Committee saying it has "concerns" with legalization bills under consideration and would instead support creating a commission to study the issue. "The Governor's primary concerns are safety and proper regulation, and she will give strong consideration to legalization legislation that adequately addresses these concerns, whether a bill reaches her desk this year or in the future," she said, leaving the door just slightly open for this year.

Medical Marijuana

Oklahoma Governor Signs CBD Cannabis Oil Bill. Gov. Mary Fallin (R) on Monday signed into law House Bill 1559, which exempts CBD cannabis oil products from the state's definition of marijuana if they are approved by the federal Food and Drug Administration. No such medicines have been approved by the FDA. The move is the latest baby step toward actually approving the use of CBD cannabis oil; last year, Fallin signed a bill that allowed clinical trials by researchers to take place.

Wisconsin Governor Signs CBD Cannabis Oil Bill. Gov. Scott Walker (R) on Monday signed into law Senate Bill 10, which would make it easier to acquire CBD cannabis oil. Two years ago, Walker signed a bill to allow the use of CBD in extremely limited cases, but the limits it contains are so restrictive that families and patients haven't been able to actually use CBD. This bill will ease those limits, allowing patients to possess CBD for any medical condition with an annual physician's approval.

Sentencing

US Sentencing Commission Hearing Today on Ecstasy, New Psychoactives. The US Sentencing Commission will take up reconsideration of the federal sentencing guidelines for ecstasy (MDMA) and a handful of new psychoactive substances. This is the first step in a two-year review process that could result in sentencing reductions for people caught with those drugs. One factor driving the Sentencing Commission to take up the issue is two major federal court cases where judges ruled that they did not have to follow the current MDMA sentencing guidelines, since they were so out of touch with science and public health.

International

Canada Marijuana Legalization Won't Include Pardons, Amnesty, Liberals Say. The Trudeau government is not considering a blanket pardon for people who have criminal records for marijuana possession as part of its marijuana legalization plan, Public Safety Minister Ralph Goodale said Monday. "That's not an item that's on the agenda at the moment," he said. The government is facing pressure both from people who want to move immediately to some sort of decriminalization and from people who want some sort of pardon scheme, but the Liberals are holding firm. "It is important to note that as the bill moves through the legislative process, existing laws prohibiting possession and use of cannabis remain in place, and they need to be respected," Goodale said. "This must be an orderly transition. It is not a free-for-all."

Study Reveals a Disproportionate Increase in Number of People Jailed for Low-Level Drug Offenses in Latin America. The Research Consortium on Drugs and the Law (CEDD), a network of drug policy experts from 10 countries in the Americas, has published a new report which reveals that despite the debate surrounding drug policy reform, the rate of incarceration for low-level, non-violent drug offenses continues to increase across Latin America. The CEDD Report, Irrational Punishment: Drug Laws and Incarceration in the Americas, includes research on ten countries: Argentina, Bolivia, Brazil, Colombia, Costa Rica, Ecuador, the United States, Mexico, Peru and Uruguay. In all of the Latin American countries studied, with the exception of Bolivia, the population imprisoned for drug offenses increased at a rate of 8 to 33 times faster than that of the general prison population over the last 15 years, with some variation depending on the country. In Brazil, while the prison population increased 55% between 2006 and 2014, the population incarcerated for drug offenses rose by 267%, a rate about five times greater. In Colombia, between 2000 and 2015, the prison population rose by 141%, but the population incarcerated for drug offenses increased by 289%.

UNODC to Send Adviser to Philippines, Promote Alternatives. The UN Office on Drugs and Crime announced Monday that it will soon send a drug policy advisor to the Philippines to work with the government there on alternatives to its bloody-handed crackdown on drug users. The UNODC adviser will press both the Dangerous Drugs Board and the Department of Health to adopt treatment-based approaches to combat substance abuse in the country. Those programs are likely to take the form of community-based models that will more effectively encourage users to minimize their substance dependencies. The advisor is expected to arrive in June and serve for two years.

Chronicle AM: NV Syringe Vending Machines, Good and Bad CO MJ Bills, More... (4/17/17)

Nevada will soon see the first syringe vending machines in the country, the Colorado legislature responds to a threatened federal crackdown -- for better and worse -- Wisconsin Gov. Scott Walker is moving forward with plans to drug test Medicaid recipients, and more.

Syringe vending machines -- coming first to Nevada. (wikimedia.org)
Marijuana Policy

A Majority of American Adults Have Tried Marijuana, Poll Finds. A new Marist/Yahoo poll finds that 52% of American adults have tried marijuana at least once, and that 56% find the drug "socially acceptable. The same poll has support for legalization at 49%, with 47% opposed.

DC Marijuana Activists to Hand Out Free Joints on Capitol Hill for 4/20. The same folks who brought legal marijuana to the nation's capital are planning to hand out more than a thousand free marijuana joints on Capitol Hill Thursday, 4/20, the unofficial marijuana holiday. Anyone over 21 who has a congressional ID is eligible for the free weed, said DCMJ. The activists said the action was meant to life the "special interest smokescreen" blocking marijuana reform in Congress.

Homeland Security Chief Says Marijuana "Not a Factor" in Drug War. DHS Secretary John Kelly said Sunday that marijuana is "not a factor" in the country's drug war and that "arresting a lot of users" will not solve the country's drug problems. Kelly responded to a question about whether legalizing marijuana in the US would help or hinder his work attempting to interdict drug shipments to the US. "Yeah, marijuana is not a factor in the drug war," Kelly responded, adding later: "It's three things. Methamphetamine. Almost all produced in Mexico. Heroin. Virtually all produced in Mexico. And cocaine that comes up from further south." And rather than arresting users: "The solution is a comprehensive drug demand reduction program in the United States that involves every man and woman of goodwill. And then rehabilitation. And then law enforcement. And then getting at the poppy fields and the coca fields in the south."

Colorado Social Consumption Bill Dies. A bill that would have set up the country's first statewide law allowing for on-premises marijuana consumption at licensed businesses is dead, with legislators citing fear of a federal crackdown for its demise. The House voted last Thursday to amend Senate Bill 17-184 to remove the provision that would have allowed adults to bring their own weed to businesses and consume it on-premises.

Colorado Senate Approves Bill to Shift Legal Marijuana Inventories Over to Medical Marijuana in Event of Federal Crackdown. The state Senate has approved Senate Bill 17-192, which would allow adult-use marijuana businesses to transfer their inventory to medical marijuana status if a federal crackdown on adult-legal weed happens. The bill now goes to the House.

Nevada Legislature Still Faces Heavy Load of Marijuana Bills. The legislative session marked its first key deadline last Friday when all proposed bills had to have passed out of their committee of introduction or be declared dead. And fourteen marijuana-related bills remain alive, including one, Senate Bill 302, that would allow dispensaries to begin selling marijuana to any adult beginning in July. Click the link for the rest of the bills and their status.

Tennessee Governor Signs Bill Killing Decrim in Memphis and Nashville. Gov. Bill Haslam (R) last Friday signed into law House Bill 173, which bars cities in the state from crafting marijuana penalties lesser than state law. The bill was a response to moves by the state's two largest cities, Memphis and Nashville, which had passed municipal decriminalization ordinances.

Medical Marijuana

Arkansas Regulators Finalize Medical Marijuana Rules. The state Medical Marijuana Commission last Tuesday gave final approval to rules governing dispensaries and cultivation facilities. The rules must still be approved by the legislature, which has passed some legislation that appears to conflict with them. The legislature only has until May 8 to modify the rules or the state will be out of compliance with the Medical Marijuana Act, which is now part of the state constitution.

Heroin and Prescription Opioids

Alabama House Approves Tougher Penalties for Heroin, Fentanyl. The House voted last week to approve harsh new penalties for the possession and sale of heroin and fentanyl. In a unanimous vote, the chamber approved a one-year mandatory minimum sentence for simple possession and increased penalties for trafficking, including a mandatory life sentence without parole for trafficking 10 or more kilos of either drugs. The bill is House Bill 203, which is now before the Senate.

Maryland General Assembly Passes Package of Heroin/Opioid Bills. The Assembly last week approved a package of bills aimed at tackling the state's heroin and prescription opioid crisis. One bill would create 24/7 drug treatment centers for addicts, increase reimbursements for drug treatment, and ease access to the opioid overdose reversal drug naloxone. A second bill would create drug awareness programs in schools and allow school nurses to stock and dispense naloxone. A third bill would require doctors to follow best practices when prescribing opioids, while a fourth bill increases prison sentences for people convicted of fentanyl offenses. The bills now await the governor's signature.

Asset Forfeiture

Arizona Governor Signs Civil Asset Forfeiture Reform Bill. Gov. Doug Ducey (R) last week signed into law House Bill 2477, which requires a higher evidentiary standard before police and prosecutors can seize assets from suspects. Instead of a "preponderance" of the evidence, cops must now provide "clear and convincing evidence" that the assets are linked to a crime.

Drug Policy

New York City Council Passes Bill to Coordinate Drug Policy Among City Departments. The city council recently passed legislation to create a coordinated municipal drug strategy. The bill empowers the Mayor to designate a lead agency or office to convene stakeholders including city agencies, outside experts, and communities impacted by drug use to develop a city-wide, health-focused plan for a coordinated approach in addressing issues related to drug use.

West Virginia Legislature Passes Bill Creating Drug Policy Office. A bill that would create an Office of Drug Control Policy within the Department of Health and Human Services has passed both houses of the legislature and awaits the governor's signature. The measure, House Bill 2620, passed last Friday, the final day of the session. Gov. Jim Justice (D) has fifteen days to sign the bill.

Drug Testing

Wisconsin Governor Moving Forward With Plan to Drug Test Medicaid Recipients. Gov. Scott Walker (R) on Monday posted his proposal for moving people off state Badgercare Medicaid, which includes a provision requiring drug screenings for Medicaid recipients. People suspected of illegal drug use after screening would be ineligible for coverage until they are tested. People who test positive would be offered drug treatment, while people who refuse the test would lose benefits for six months.

Harm Reduction

Nevada Becomes First State to Install Needle Vending Machines. In a bid to combat the spread of HIV/AIDS and Hep C, a needle exchange program in Las Vegas is now providing clean needles in vending machines. The Las Vegas Harm Reduction Center worked together with the Southern Nevada Health District and the Nevada AIDS Research and Education Society to install the new machines. Each client will be limited to two kits per week, with the kits including syringes, alcohol wipes, condoms, and a needle disposal box.

International

Canada Unveils Plan for Legal Marijuana Sales by June 2018. The Liberal government of Prime Minister Justin Trudeau last Thursday filed legislation designed to implement marijuana legalization by June of next year. The bill would allow adults 18 and over to possess up to 30 grams of dried marijuana and would allow the federal government to regulate producers, while the provinces would regulate sales to consumers. Other issues, such as pricing, taxation, and packaging are still to be worked out.

Senators' False Claims Pave Way for Dangerous Drug Bill [FEATURE]

The two octogenarian senior members of the Senate Judiciary Committee are up to one of their favorite pastimes again this year. Sens. Dianne Feinstein (D-CA) and Chuck Grassley (R-IA) have reintroduced a perennial bill that would increase penalties for drug dealers who sell products designed to entice children.

"Ecstasy bracelets" (non-edible) (Pinterest)
If the bill were to become law, anyone who knew or "had reasonable cause to believe" that a "modified controlled substance would be distributed to a minor" would be looking at a 10- to 20-year prison sentence.

But the bill, the "Protecting Kids from Candy-Flavored Drugs Act of 2017" (Senate Bill 739), is seemingly justified more by urban myths than facts and, critics say, both unnecessary and more likely to be used against real-life sellers of marijuana edibles than mythical strawberry-flavored meth dealers.

"There are many instances of of drug dealers altering flavor and packaging of cocaine or methamphetamines to appeal to children," Feinstein tweeted as the bill rolled out late last month.

"Law enforcement reports that drug dealers frequently combine drugs with chocolate or fruit flavors or package the drugs to look like candy or soda to attract youth," the senators claimed in a joint statement. "For example, there are reports of candy bracelets containing ecstasy; gummy bears laced with Xanax; and candy laced with THC."

"Cynical criminals take advantage of drug trends in the general population to market dangerous illicit drugs specifically to kids," Grassley added in a separate press release. "It could be marijuana, methamphetamine, cocaine or something else. The criminals are innovative, and the law should keep up with them. Federal law should make crystal clear that marketing potentially lethal drugs to kids will have steep consequences."

The problem for Feinstein and Grassley, who have unsuccessfully filed the bill three times before, is that the crisis they wish to solve largely doesn't exist. The first time around, they were inspired by media reports of strawberry-flavored meth, but those have been roundly debunked as myths.

Some of their other claims are even more ludicrous. "Gummy bears laced with Xanax" seem only to be found on the furthest fringes of the web (a Reddit user subforum, to be precise) dedicated to bored drug hobbyists with too much time on their hands.

And the "candy bracelets containing ecstasy" claim appears to be based on a misreading of raver culture percolated through a concerned parents group.

"People (especially at Raves) have started wearing bracelets lined with ecstasy as opposed to the old candy bracelets kids used to wear," warned something called Careful Parents. "Much like the candy bracelets of old, people can eat the drug right off the bracelets. Google images of these bracelets for a better idea of what they look like and be on the lookout if your kids like to go to Raves."

But that warning was based on a 10-year-old story about rave culture in the Seattle Times -- a story that indeed mentioned bracelets and ecstasy and "candy kisses" (the sharing of beaded bracelets), but did not claim that the bracelets were made of ecstasy. The wearing of colorful bracelets is part of rave culture, but ecstasy bracelets are a myth based on misunderstanding.

The idea of drug dealers peddling candy-flavored drugs to kids may be an old bugaboo, but it just doesn't make much economic sense, said Sanho Tree, director of the Drug Policy Project at the Institute for Policy Studies.

"Those are not popular commodities to sell to children," he told ATTN:. "Why risk already severe penalties for some kid's lunch money?"

"This reminds me of the horror stories that you hear every Halloween -- where you have people handing out these infused products to children," Daniel Shortt, an attorney who focuses on cannabis law at the firm Harris Bricken, told ATTN:. "There's really no data supporting that that happens."

While candy-flavored meth or ecstasy bracelets are mythical, marijuana edibles and beverages are not. They are sold legally under state laws in medical and adult legal marijuana states, but the text of the bill could certainly be interpreted as aiming at them as well. It specifies that it would apply to people who sell federally illegal drugs to minors that are:

Combined with a beverage or candy product,
Marketed or packaged to appear similar to a beverage or candy product, or

Modified by flavoring or coloring to appear similar to a candy or beverage product.

"That's broad," Shortt said. "I worry about how that could applied to marijuana-infused edibles."

Edibles are often infused in candies, cookies, and chocolates, as well as brightly packaged beverages. It's not strawberry-flavored meth dealers who are likely to be caught up if this bill ever passes -- since they don't exist -- but people selling pot brownies and the like, in the black market or in the legal pot shop, who sell to minors, either knowingly or inadvertently.

Chronicle AM: DE Legalization Bill Filed, WV MedMJ Bill Fast Tracked, More... (3/31/17)

A marijuana legalization bill gets filed in Delaware, a medical marijuana bill gets fast tracked in West Virginia, a South African court rules to free the weed, the Argentine Senate okays CBD cannabis oil, and more.

It looks like West Virginia is about to hop on the medical marijuana bandwagon. (Creative Commons/Wikimedia)
Marijuana Policy

Delaware Lawmakers Filed Legalization Bill. State Rep. Helene Keeley (D-Dover) and cosponsors filed House Bill 110 on Thursday. The bill would legalize the possession of up to an ounce by adults 21 and over and to purchase it from state-regulated stores. The bill does not allow people to grow their own. It imposes a $50 an ounce tax on buds and a $15 an ounce tax on other parts of the plant. It now heads to the House Finance and Revenue Committee, which must hold a hearing within 12 days.

Medical Marijuana

Maryland Legislators Propose Using Marijuana to Treat Opioid Addiction. A House of Delegates committee has added "opioid use disorder" to the list of qualifying conditions for medical marijuana use. The bill was set to be heard by the House Friday.

West Virginia House Fast Tracks Medical Marijuana Bill. Less than a day after the Senate approved a full-fledged medical marijuana bill, Senate Bill 386, the House has put it on path to quick consideration. The bill passed the Senate Wednesday, and on Thursday, the House voted to allow the bill to skip consideration by committees there and proceed directly to House floor debate. The move came in response to constituent pressure. "Like every member of this body, I can't count the number of emails and phone calls I received on this subject today," said Del. Mike Pushkin, D-Kanawha.

New Psychoactive Substances

Federal Bill Would Add New "Designer Drugs" to CSA's Schedule I. US Rep. Charles Dent (R-PA) has filed House Resolution 1732, the Synthetic Drug Control Act of 2017. It adds dozens of substances to Schedule I of the Controlled Substance Act, including phenylalkylamines, cannabimimetic agents, arylcyclohexamines, tryptamines, benzodiazepines, benzylpiperidines, piperazines, and opioids and opioid-like substances. The bill has been referred to the House Judiciary and House Energy and Commerce committees.

Law Enforcement

Federal Bill Would Create Program to Divert Low-Level Drug Offenders. US Rep. Sean Maloney (D-NY has filed House Resolution 1763, the Keeping Communities Safe Through Treatment Act of 2017. The bill directs the Justice Department to create a pilot program to provide grants to localities to divert people with low-level drug offenses into treatment programs before they are booked. It has been referred to the House Judiciary Committee.

International

Argentine Senate Approves CBD Cannabis Oil Bill. The Senate on Wednesday gave final legislative approval to a bill allowing the use of CBD cannabis oil for medical reasons and setting up a regulatory framework for state-run cultivation, processing, and distribution. Until the state-run system is up and running, CBD imports will be allowed.

South Africa High Court Rules Adults Can Possess Marijuana at Home. The Western Cape High Court ruled on Friday that it's legal for adults to use, possess, and grow marijuana at home. The court also ruled that sections of the Drug Trafficking act and the Medicines Control Act must be amended to comply with the decision. The decision isn't final yet, though -- it must be confirmed by the Constitutional Court.

Chronicle AM: IL Legal MJ Bill Filed, CA Bill Bars Helping Feds Attack Legal MJ, More... (3/23/17)

Illinois lawmakers want to see marijuana legalization; California lawmakers want to protect marijuana legalization, and more.

Marijuana Policy

California Bill Would Block Cops From Aiding Federal Pot Crackdown. Six Democratic legislators have filed Assembly Bill 1578, which would bar state and local law enforcement from cooperating in any federal enforcement activities aimed at state-legal marijuana operations. "Prohibiting our state and local law enforcement agencies from expending resources to assist federal intrusion of California-compliant cannabis activity reinforces… the will of our state's voters who overwhelmingly supported Proposition 64," said Assemblyman Reggie Jones-Sawyer (D-Los Angeles), the lead author of the new bill.

Illinois Lawmakers File Legalization Bill. A group of Chicago Democratic legislators have filed a marijuana legalization bill by amending an existing bill, House Bill 2353. The measure would legalize the possession of up to an ounce by adults (a half-ounce for non-residents), set up a system of legal marijuana manufacture and distribution $50 per 28 grams on all cannabis flowers, and give state regulators 180 days to get a system up and running.

Law Enforcement

Supreme Court Rules Lawsuit From Man Jailed Over Bottle of Vitamins Can Advance. An Illinois man jailed for two months after police claimed the pills in his vitamin bottle were ecstasy despite lab tests that showed they weren't can continue to pursue his federal civil rights claim, the US Supreme Court ruled Tuesday. Elijah Manuel, who is black, said officers pulled over the vehicle in which he was riding, falsely claimed they smelled marijuana, screamed racial slurs, then claimed their field drug test indicated his vitamins were ecstasy. Police continued to hold him in jail even after other tests verified the pills were not ecstasy until prosecutors eventually dropped the case. "No evidence of Manuel's criminality had come to light in between the roadside arrest and the county court proceeding initiating legal process; to the contrary, yet another test of Manuel's pills had come back negative in that period," according to the opinion. "All that the judge had before him were police fabrications about the pills' content. The judge's order holding Manuel for trial therefore lacked any proper basis. And that means Manuel's ensuing pretrial detention, no less than his original arrest, violated his Fourth Amendment rights."

International

Vietnam Sentenced Nine to Death for Drug Trafficking. A court in Hoa Binh province sentenced nine men to death for trafficking more than a thousand pounds of heroin in a trial that ended Tuesday. Vietnam sentences dozens of people to death each year; about a third of them for drug offenses.

Drug War Issues

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