Sentencing

RSS Feed for this category

Chronicle AM: Pregnancy and Marijuana Use, Church Group Says Decriminalize Drugs, More (6/23/15)

Guidance from a doctor's group on marijuana use and pregnancy matches what activist groups think the policy should be, the Maine legislature punts on legalization, a California bill to protect patients from discrimination in access to organ transplants passes the legislature, and more.

Pregnancy and marijuana use is in the news today. (wikimedia.org/David Roseborough)
Marijuana Policy

Doctors' Group Issues Guidance on Marijuana Use By Pregnant Women; Advocates Urge Non-Punitive Responses. The American College of Obstetricians and Gynecologists has issued guidance encouraging pregnant women to avoid marijuana use "[b]ecause the effects of marijuana may be as serious as those of cigarette smoking or alcohol consumption." The group also called for non-punitive treatment for pregnant pot smokers: "Seeking obstetric-gynecologic care should not expose a woman to criminal or civil penalties for marijuana use, such as incarceration, involuntary commitment, loss of custody of her children, or loss of housing... Drug enforcement policies that deter women from seeking prenatal care are contrary to the welfare of the mother and fetus." Noting that pregnant women who use marijuana have been arrested in numerous states, National Advocates for Pregnant Women and the Family Law and Cannabis Alliance are urging that non-punitive responses to cigarette smoking and alcohol use be applied to pregnant women who use marijuana. The two groups also call for more unbiased research on marijuana use during pregnancy.

Maine Legislature Rejects Legalization. Solons in both the House and Senate Monday rejected marijuana legalization bills, clearing the way for legalization initiatives next year. The House rejected LD 1380, from longtime legalization advocate Rep. Diane Russell (D-Portland) that would have put the issue to a popular vote, while the Senate unanimously LD 1401, sponsored by Rep. Mark Dion (D-Portland). At least two separate legalization initiative campaigns are already underway.

Medical Marijuana

US Senate Caucus on International Narcotics Control Takes Up CBD Tomorrow. The caucus, generally composed of old school drug warriors, will somewhat surprisingly examine CBDs, focusing on barriers to research and potential medical benefits tomorrow. The hearing is set for 9:30am Wednesday.

California Organ Transplant Bill Passes Legislature. The bill would bar health care providers from denying access to organ transplants based solely on the patient's medical marijuana use. Assembly Bill 258 now awaits the governor's signature.

New Jersey Bill to Allow Sick Kids to Use CBD Oil at School Introduced. Assemblymembers Pamela Lampitt (D-Camden) and Lou Greenwald (D-Camden) Monday filed a bill that would allow children to use CBD cannabis oil at school. The bill would require parents or a designated adult to come to the school and administer the oil. The measure is Assembly Bill 4587.

Drug Policy

New England Methodists Call for Drug Decriminalization. The New England Conference of the United Methodist Church, representing some 600 congregations, passed a resolution saying that "the public policy of prohibition of certain narcotics and psychoactive substances, sometimes called the 'War on Drugs,' has failed to achieve the goal of eliminating, or even reducing, substance abuse" and called for "seeking means other than prohibition to address the problem of substance abuse." The resolution was supported by Christians Against Prohibition and Law Enforcement Against Prohibition.

International

British Liberal Democrats Call for Medical Marijuana, Drug Decriminalization. The Lib Dems have offered amendment to the government's psychoactive substances bill that would decriminalize drug possession and legalize the medicinal use of marijuana. "When I was a police officer, I realized that locking up drug users is simply not the answer," said party leader Brian Paddick, who offered the amendments. "We have to learn the lessons of why our current approach is failing before we make the same mistakes with new psychoactive substances as we have done with other illegal drugs."

Chronicle AM: Dalai Lama on MedMJ, OH Initiative Shenanigans, First MA Dispensary Will Open, More (6/22/05)

Ohio's political establishment gears up to block a controversial legalization initiative, the Dalai Lama supports medical marijuana, the Obama administration removes a barrier to marijuana research, Louisiana's governor rejects clemency for a man doing 13 years for two joints, and more.

The Dalai Lama is down with medical marijuana. (wikipedia.org)
Marijuana Policy

Ohio Official Says Proposed Amendment Could Block Marijuana Legalization Initiative. GOP Secretary of State Jon Husted said last Friday that an amendment to block private-interest monopolies would render the ResponsibleOhio legalization initiative invalid if the former passed. Husted and Republican lawmakers have vowed to adopt a resolution to place the monopoly amendment on the ballot. Husted said that if that amendment passes, the ResponsibleOhio initiative would be invalid, even if it also passed, and even if it passed with more votes than the monopoly amendment. The ResponsibleOhio initiative would limit commercial marijuana growing to ten specified locations, the owners of which are also the financiers of the initiative campaign.

Montana Anti-Marijuana Initiative Proposed. Billings anti-pot zealot Steve Zabawa is back at it. In 2014, he proposed an initiative saying that any federal Schedule I controlled substance (read: marijuana) "may not be legally possessed, received, transferred, manufactured, cultivated, trafficked, transported or used in Montana." It failed for lack of signatures. Now he has filed the same initiative again.

Medical Marijuana

Dalai Lama Endorses Medical Marijuana. Speaking at a an event in Guanajuato, Mexico, last week, the spiritual leader of Tibetan Buddhism said he supported the use of marijuana for medical purposes. Speaking in response to a question about legalizing marijuana, the Dalai clarified that he opposed its recreational use, but using it medicinally would be "the exception."

White House Removes Crucial Barrier to Marijuana Research. The Obama administration announced today it is ending a major impediment to marijuana research, the Public Health Service review. That hurdle, created under the Clinton administration, required all applications for marijuana research to undergo an individual review, slowing down marijuana research and making it more difficult to study than heroin or cocaine.

First Massachusetts Dispensary Approved to Sell Medical Marijuana; One Inspection Left. The Alternative Therapies Group in Salem is ready to start selling to patients after winning a temporary waiver from state testing guidelines widely viewed as too strict. The Department of Public Health has said it will reconsider the standards. The dispensary is one of four in the state that have started growing their own supply, and is the furthest along. It must still pass a final inspection before it opens its doors. Much more at the link.

Drug Testing

California Appeals Court Upholds Making Employer Pay for Emotional Distress from Random Workplace Drug Testing. The court upheld an award for the intentional infliction of emotional distress on two law office workers pressured into taking a random drug test by their employer. The employee handbook called for random drug testing for certain safety-sensitive categories, or after an accident or for probable cause, but the company compelled all employees to undergo drug testing on one day in 2011. The two plaintiffs were awarded $15,000 each in damages by the trial court, which is what the appeals court just upheld.

Law Enforcement

Philly Court Throws Out 58 Convictions Tied to Dirty Narcs. A Common Pleas Court judge last Friday reversed 58 convictions in cases linked to six former Philadelphia narcotics officers. The six were cleared of criminal corruption charges in federal court in May, but their misdeeds have tainted hundreds of cases. The Public Defender's Office is seeking reversals of 1,370 cases, and the city is facing 135 civil rights lawsuits based on the unit's behavior. Since 2013, prosecutors have refused to prosecute cases tied to the squad after numerous allegations they planted evidence, beat and robbed suspects, and falsified paperwork. Much more at the link.

Sentencing

Louisiana Governor Rejects Clemency for Black Man Doing 13 Years for Two Joints. Gov. Bobby Jindal (R) last week denied a clemency petition for Bernard Noble, sentenced to 13 years in prison for two joints under the state's draconian marijuana laws. Jindal said he rejected clemency because Noble had not yet served 10 years in prison.

International

China's Wide Open Illegal Drug Chemical Factories. It's pretty darned easy to get new synthetic drugs by the pound or more from Chinese manufacturers, according to this New York Times report. Need spice or flakka or bath salts? It's just a few clicks away.

Chronicle AM: Delaware Decriminalizes, Supremes Make Synthetic Convictions More Difficult, More (6/19/05)

The marijuana reform bandwagon rolls through Delaware, federal bills on opiates and racial profiling get filed, the Supreme Court issues an interesting decision on synthetic drug sales, and more.

The Supreme Court clarifies that criminal intent matters. (supremecourt.gov)
Marijuana Policy

Delaware Decriminalizes Marijuana Possession. With the signature of Gov. Jack Markell (D) Thursday night on House Bill 39, Delaware becomes the 20th state to either decriminalize the possession of small amounts of marijuana or make it legal for adults. The new law, which goes into effect in six months, removes the criminal penalties for the possession of up to an ounce by an adult, replacing them with a civil infraction punishable by a maximum $100 fine. For those between 18 and 21, a first offense would be a civil infraction, while any more would be misdemeanors. For people under 18, possession would remain a misdemeanor. Public use would be a misdemeanor punishable by a $200 fine and up to five days in jail. That includes moving vehicles, public areas, and outdoors on private property within 10 feet of street, sidewalk, or any other areas generally accessible to the public.

Missouri Cannabis Conference Next Weekend. Missouri advocacy groups Show Me Cannabis and Missouri NORML are holding a joint conference beginning next Friday in Kansas City. Click on the title link for all the details.

Heroin and Opiates

Federal Bill to Deal With Opiate Use Filed. A bipartisan group of six House members Thursday filed HR 2805 as a multi-pronged effort to grapple with opiate and heroin use. Several other bills on the topic have already been filed. This one would increase prescription monitoring requirements, create an inter-agency task to develop best practices for pain management, create a grant program to increase the number of first responders carrying the opiate overdose reversal drug naloxone, and direct the drug czar's office to establish a public awareness program.

New Synthetic Drugs

Supreme Court Rules People Can't Be Convicted for Selling Synthetic Drugs If It's Not Clear They're Illegal. A unanimous US Supreme Court ruled Thursday that people cannot be convicted for selling synthetic drugs unless prosecutors prove they knew the drugs were prohibited by law. Stephen McFadden had been convicted of violating the Controlled Substance Analog Enforcement Act for selling "bath salts," and a federal appeals court ruled that trial court jury instructions saying he could be convicted if the jury found he intended the drugs for human consumption. But the Supreme Court disagreed, saying prosecutors must prove the defendant knew the substance was either a controlled substance or an analog. The case is McFadden v. United States.

Law Enforcement

Federal Racial Profiling Bill Introduced. Sen. Ben Cardin (D-MD) Thursday filed S 1610, which would eliminate racial profiling by police officers and promote accountability for state and local law enforcement. The bill also has provisions to eliminate sentencing disparities and promote reentry programs. It has not yet been assigned to a committee.

Chronicle AM: Putin Says "Nyet" to Legalization, KY Divvies Up Heroin Fight Dollars, More (6/17/05)

Marijuana's going to be legal in Oregon next month, and a new website will help explain things, the focus is on Gov. Cuomo now that an emergency access medical marijuana has passed the New York legislature, Vermont's top jailer comes out for decriminalization of drugs, and more.

Vladimir Putin says "nyet" to drug legalization. (kremlin.ru)
Marijuana Policy

With Legalization Looming, Oregon Regulators Launch Informational Website. The Oregon Liquor Control Commission has launched an educational website laying out what is and isn't allowed under the state's marijuana legalization law, which is set to go into effect July 1. Check it out at the link.

Medical Marijuana

New York Early Access Medical Marijuana Bill Heads to Governor's Desk. A bill that would allow early access to medical marijuana passed the Senate Monday night after already being approved in the Assembly. The move comes as a year has gone by since Gov. Andrew Cuomo (D) signed the Compassionate Use Act into law, but not one patient has yet to be able to legally obtain any. This bill would provide expedited access to seriously ill patients.

Heroin

Kentucky Legislators Ponder How to Spend $10 Million to Fight Heroin. Recently passed legislation allocated $10 million to fight heroin, and now legislators are trying to figure out where to put that money. Justice Secretary Michael Brown recommended spending it on jail treatment programs, mental health centers, transitional care for pregnant drug-using women, and faster prosecutions against heroin dealers. It will be up to the legislature to agree or not.

Drug Policy

Vermont Corrections Commissioner Calls for Drug Decriminalization. Vermont Department of Corrections Commissioner Andy Pallito has said that drug possession should be decriminalized and the war on drugs declared a failure. "Possession of drugs for personal utilization -- if somebody is not hurting anyone [else], that should not be a criminal justice matter," Pallito said. "I don't think anybody can say that putting somebody with an addiction problem through the corrections system is a good idea. We should go to the Portugal model, which is to deal with the addiction and not spend the money on the criminal justice system," Pallito said. "We spend so much money on corrections that could be done differently. The only way to do it is spend less on corrections and more on treatment." There's much more at the link.

International

Putin Opposes Drug Legalization. Russian President Vladimir Putin said Wednesday he opposed drug legalization. "Of course, we must take into consideration in our current work that a range of governments have begun a true campaign on the legalization of certain types of narcotics, or so-called recreational drugs. We, of course, are against such approaches and this point of view needs to be more actively moved forward on all international platforms," Putin said during a government council meeting.

Chronicle AM: Christie Would Roll Back Legalization, Colombia Ex-Prez Says Give Drugs to Addicts, More (6/8/15)

Chris Christie speaks out against marijuana legalization, Ohio officials try to block a legalization initiative, employee hair drug testing becomes the law in Louisiana, a former Colombian president calls for drug legalization and supplying some addicts with drugs, and more.

New Jersey Gov. Chris Christie stands firm against marijuana legalization. (nj.gov)
Marijuana Policy

Chris Christie Would Roll Back Marijuana Legalization. In an interview on CBS's "Face the Nation" Sunday, New Jersey Gov. Chris Christie (R), who is seeking the GOP presidential nomination, said he would move against states where marijuana is legal. Host John Dickerson asked if he would "return the federal prosecutions in these states like Colorado, Washington state" and Christie replied "Yes." Dickerson asked him again, and Christie said "Yes" again. Christie also called the drug war a failure and said he favored increased drug treatment.

Ohio Official Moves to Block Legalization Monopoly. State Auditor David Yost is floating a proposal designed to invalidate the legalization initiative most likely to make the ballot, or at least a provision of it. The controversial ResponsibleOhio measure would divvy up 10 commercial marijuana-growing facilities to people or groups who have already invested in the campaign. Yost has proposed a constitutional amendment that would require future initiatives that have provisions for "special interests" to undergo a two-stage process. If Yost's amendment passed with more votes than ResponsibleOhio's, it would prevent the monopoly provision of the ResponsibleOhio initiative from taking effect (and very possibly the entire initiative). Click on the link for more intricacies.

Medical Marijuana

No Medical Marijuana for Alabama. The legislative session ended last Thursday, and medical marijuana legislation died without action. Again.

Drug Testing

Louisiana Governor Signs Employee Hair Drug Testing Bill. Gov. Bobby Jindal (R) last Friday signed into law a bill that lets employers drug test employees' hair. Hair drug tests can detect use as far back as 90 days, as opposed to two or three days for urine tests (or two or three weeks for marijuana). While employee drug testing is allowed under state law, there were no regulations for hair drug testing in place until the passage of House Bill 379.

SAMHSA Seeks Comments on Hair Testing For Drugs. The Substance Abuse and Mental Health Services Administration (SAMSHA) has published a request for information about hair testing for drugs as it seeks to update and revise standards for laboratory drug testing procedures for federal workers. Click on the link for more details.

International

UAE Moves to Ban Five New Synthetic Drugs, Three Drug Plants. The United Arab Emirates is moving to ban synthetic cannabinoids, synthetic cathinones, phenethylamine, piperazine and tryptamine, as well as the kava, kratom, and salvia divinorum plants. The Health Ministry has proposed the move, but the Council of State must approve it.

Indonesian Experts Call for Evidence-Based Public Health Response to Drugs. A selection of Indonesian experts and academics has called on the government to commit itself to using scientifically proven public health approaches to drug use and to reject hard line but ineffective strategies, such as forced drug treatment and the use of the death penalty. Click on the link for more.

Colombia Ex-President Calls for Drug Legalization, State to Provide Drugs to Addicts. Former Colombian President Cesar Gaviria, long a critic of drug prohibition, told the Global Commission on Drug Policy last Thursday that some drugs should be legalized and others provided to addicts by the state. Such moves would allow governments to better control their use, he said. Click on the link for more.

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

Chronicle AM: AZ, CA Pot Polls; CA Forfeiture Bill Passes Senate, CT Defelonization Bill Moves, More (6/4/15)

New polls show majorities for marijuana legalization in Arizona and California, Wisconsin legalization bills get introduced, Maryland will start providing naltrexone to jailed addicts, the California Senate passes asset forfeiture reform, the Connecticut Senate passes drug defelonization, and more.

Marijuana Policy

Arizona Poll Has Support for Legalization at 53%. A new Behavior Research Center poll has 53% supporting legal marijuana, with 39% opposed. The poll comes as two different groups are in signature-gathering campaigns to get a legalization initiative on the 2016 ballot.

California Poll Has Support for Legalization at 54%. A new PPIC Statewide Survey poll has support for marijuana legalization at 54%, with 44% opposed. The poll is in line with other recent polls and comes as a number of legalization initiatives have already been filed, but with more still to come.

Wisconsin Legalization -- But No Sales -- Bills Introduced. Legislators in Madison last week filed legalization bills in both chambers. Assembly Bill 246, filed by Representative Mandela Barnes (D-Milwaukee), and Senate Bill 167, filed by Senator Chris Larson (D-Milwaukee), would remove the possibility of criminal penalties for the possession of up to 25 grams of cannabis, and the personal cultivation of up to two plants. But they would not allow for regulated marijuana commerce.

Drug Treatment

Maryland Program Will Give Naltrexone to Jailed Heroin Addicts. Gov. Larry Hogan (R) announced Tuesday that his administration plans to begin treating heroin addicts in eight county jails with the drug naltrexone, which blocks the euphoric effects of heroin and other opiates. Those eligible for the program will receive naltrexone injections before leaving jail and can get more from county public health offices. Participants will also have access to housing, mental health, education, and employment counseling services.

Harm Reduction

Florida Opiate Overdose Reversal Drug Bill Signed Into Law. Gov. Rick Scott (R) last week signed into law the Emergency Treatment and Recovery Act, which allows certain healthcare providers to prescribe and dispense the opiate overdose reversal drug naloxone. The drug could be prescribed not only to users, but also to parents, friends, or family members. Police officers will also be allowed to carry the drug under the new law.

Asset Forfeiture

California Senate Overwhelmingly Approves Civil Asset Forfeiture Reform. The state Senate Thursday approved a civil asset forfeiture reform bill by a vote of 38-1. The bill, Senate Bill 443, filed by Sen. Holly Mitchell (D-Los Angeles), would require law enforcement agencies to adhere to state laws regarding civil asset forfeiture, rather than transferring cases to federal prosecutors and courts where property rights and evidentiary standards are much lower. The bill also provides for counsel for indigent property owners and protects innocent spouses and family members from loss of property. It now heads to the Assembly.

Pennsylvania ACLU Targets Civil Asset Forfeiture in New Report. The ACLU of Pennsylvania Wednesday released a new report, Guilty Property: How Law Enforcement Takes $1 Million in Cash from Innocent Philadelphians Every Year -- and Gets Away with It. The report is harshly critical of the Philadelphia DA's Office, which files roughly 6,000 forfeiture cases each year, the majority of them against black residents of the city. The vast majority of those cases involve small amounts of cash, with over half involving $192 or less. But the city also takes about 100 homes, 150 vehicles, and $4 million in cash each year.

Sentencing

Connecticut Senate Approves Drug Defelonization Bill. The state Senate Wednesday approved a bill that makes drug possession a misdemeanor for the first two offenses, but which also maintains the state's 1,500-foot drug-free school zone provision and its call for jail time, but not mandatory minimum sentences. The bill is Senate Bill 952, the Second Chance Act.

International

European Drug Agency Says No Sign of Marijuana Legalization Coming Soon. The European Monitoring Center for Drugs and Drug Addiction said today as it issued its annual report that it saw no sign of progress toward marijuana legalization on the continent, unlike in the United States. "In Europe I do not know any government, or parliamentary majority backing a government, that is currently seriously discussing cannabis legalization or regulation in a different way," said agency chief Wolfgang Gotz. "I don't see a discussion coming up of the level as it is in the Americas."

Israeli Marijuana Legalization Bill Filed. Freshman Knesset Member Yinon Magal of the Jewish Home Party has introduced a bill that would allow people to grow and possess small amounts of pot for personal use. While similar bills have gone nowhere in the past, this one has support from across the political spectrum.

From the Blog: Three Marijuana Reform Bills Filed in Louisiana

(Welcome back to our one-time intern Jimi Devine, who has graciously volunteered his time to support our blog. We are cross-posting this piece to the Chronicle because it is news-focused.)

The smell of marijuana reform is strong in the bayou air, with Louisiana now home to a big push for both medical marijuana and major sentencing reforms around marijuana convictions.

Today the Louisiana legislature's House Health and Welfare Committee will hear a medical marijuana bill brought forward by Republican State Senator Fred Mills, a man who formerly served as head of the Louisiana Board of Pharmacy. Mills spent the last year working with law enforcement to make it past a committee and organizations that had held it back in the past.

According to Northeast Louisiana media outlet The News Star, major revisions have been made with support from the Louisiana Sheriffs Association, including:

  • Prescribed marijuana would be taken in a form other than smoking it, perhaps in a pill.
  • The state Agriculture Department would be in charge of growing marijuana to be used for medical purposes.
  • Dispensing pharmacies -- ten, at this point -- would be required to meet certain conditions.
  • The bill would "sunset," or be reviewed on Jan. 1, 2020, giving lawmakers a deadline for determining whether the changes to state law were beneficial. If the bill proves ineffective, the law could be modified or allowed to expire.
  • The Louisiana Board of Pharmacy would adopt rules about dispensing medical marijuana.

This session the bill made it through the Senate Health and Welfare Committee, which had halted its progress in 2014, and then passed the full senate with two thirds in support. On when he takes it before the House, Mills noted, "I'm hoping for a repeat performance from the Senate."

While the bill is very restrictive, it would reinforce national trends on the medical use of marijuana by bringing a law involving more than CBD marijuana strains to the south, and hopefully would lead to a more inclusive medical marijuana law in the future.

The sentencing reform bills look to reduce the penalties associated with a marijuana conviction in the state. Currently a third marijuana possession conviction could lead to a baffling 20 year sentence.

According to NOLA.com, the bill authored by New Orleans State Senator J.P. Morrell "reduces the maximum penalty for possession from 20 years in prison to eight, raises the threshold for a felony-level possession charge, and adds a second-chance provision for first-time offenders."

Penalties would still be much more severe than their counterparts in other states, but first time offenders would have one opportunity to expunge their record after two years without a conviction. The bill would also reclassify a second offense from a felony to misdemeanor for quantities between fourteen grams and two and a half pounds.

The bill is projected to save Louisiana $17 million over the first five years. This would cover the $900,000 a year in wasteful spending on corrections highlighted by the Office of State Inspector General with $13 million to spare.

NOLA.com columnist Jarvis DaBerry noted, "Such a bill does two important things. First, it establishes that a person with a small amount of weed isn't a real threat to the public. Second, and perhaps more importantly, the bill would keep such a conviction from haunting a person forever."

The second bill, authored by Rep. Austin Badon, would push major reforms, but is not as big a shift as the one presented by Morrell. Badon's bill would see those committing a third offense jailed five years, as opposed to the two year sentence in Morell's bill. It also does not include the possibility of conviction being expunged for first time offenders.

While Louisiana debates the direction of their sentencing procedures, I'll leave you with another quote from Jarvis DeBerry on the subject: "Here's a prediction: Sooner or later, we're going to look back at what Louisiana has doing to folks caught with marijuana, and we're going to be just as shocked those sentences had our officials' blessing."

Three Marijuana Reform Bills Filed in Louisiana

(Welcome back to our one-time intern Jimi Devine, who has graciously volunteered his time to support our blog.)

Louisiana State Capitol
The smell of marijuana reform is strong in the bayou air, Louisiana is now home to a big push for both medical marijuana and major sentencing reforms around marijuana convictions.

Today the Louisiana legislature' House Health and Welfare Committee will hear a medical marijuana bill brought forward by Republican State Senator Fred Mills, a man who formerly served as head of the Louisiana Board of Pharmacy. Mills spent the last year working with law enforcement to make it past a committee and organizations that had held it back in the past.

According to Northeast Louisiana media outlet The News Star, major revisions have been made with support from the Louisiana Sheriffs Association, they include:

  • Prescribed marijuana would be taken in a form other than smoking it, perhaps in a pill.
  • The state Agriculture Department would be in charge of growing marijuana to be used for medical purposes.
  • Dispensing pharmacies -- ten, at this point -- would be required to meet certain conditions.
  • The bill would "sunset," or be reviewed on Jan. 1, 2020, giving lawmakers pause to determine if the changes to state law were beneficial. If the bill proves ineffective, the law could be corrected or ended.
  • The Louisiana Board of Pharmacy would adopt rules about dispensing medical marijuana.

This session the bill made it through the Senate Health and Welfare Committee that halted its progress in 2014, and then passed the full senate with two thirds in support. On when he takes it before the house Mills noted, "I'm hoping for a repeat performance from the Senate."

While the bill is very restrictive, but it would reinforce national trends on the medical use of marijuana in Louisiana. Hopefully leading to a more inclusive law in the future.

The sentencing reform bills look to reduce the penalties associated with a marijuana conviction in the state. Currently a third marijuana possession conviction could lead to a baffling 20 year sentence.

According to NOLA.com, the bill authored by New Orleans State Senator J.P. Morrell,

"reduces the maximum penalty for possession from 20 years in prison to eight, raises the threshold for a felony-level possession charge and adds a second-chance provision for first-time offenders."
 

Penalties would still be much more severe than their counterparts in other states, but first time offenders would have one opportunity to expunge their record after two years without a conviction. The bill would also reclassify a second offense from a felony to misdemeanor for quantities between fourteen grams and two and a half pounds.

The bill is projected to save Louisiana $17 million over the first five years. This would cover the $900,000 a year in wasteful spending on corrections highlighted by the Office of State Inspector General with $13 million to spare.

NOLA.com columnist Jarvis DaBerry noted,

"Such a bill does two important things. First, it establishes that a person with a small amount of weed isn't a real threat to the public. Second, and perhaps more importantly, the bill would keep such a conviction from haunting a person forever."
 

The second bill authored by Rep. Austin Badon would push major reforms, but is not as big a shift as the one presented by Morrell. Badon' bill would see those committing a third offense jailed five years, as opposed to the two year sentence in Morell' bill. It also does not include the possibility of conviction being expunged for first time offenders.

UPDATE: On Thursday Louisiana Governor Bobby Jindal said he would sign the bills if passed by the house and senate. In regards to the sentencing bill he told the Shreveport Times

"We've said all along we're fine with the idea of providing rehabilitation and treatment for nonviolent drug offenders. I think this bill does that. That's good for those offenders, that is good for taxpayers. So again, that's another one of those bills that if it got to our desk we'd sign that."

While Louisiana debates the direction of their sentencing procedures, I'll leave you with another quote from Jarvis DeBerry on the subject:

"Here's a prediction: Sooner or later, we're going to look back at what Louisiana has doing to folks caught with marijuana, and we're going to be just as shocked those sentences had our officials' blessing."

 
 
 

Chronicle AM: Bernie Sanders on Marijuana Policy, LA Reform Bill Advances, New DEA Head Nominated, More (5/21/15)

Marijuana continues to dominate the drug policy news, plus public benefits drug testing bills move in Maine and Wisconsin, the NYPD decides not to bust middle-aged dopers, and more.

Bernie Sanders (senate.gov)
Marijuana Policy

Bernie Sanders Mellow on Marijuana. The Vermont senator seeking the Democratic presidential nomination hinted at support for marijuana legalization during a Reddit question and answer session Tuesday, although he did not explicitly call for it. "I can tell you very few people were arrested for smoking marijuana [when I was mayor]," Sanders said. "Our police had more important things to do." He said he supported decriminalization in Vermont and was watching Colorado closely. "Colorado has led the effort toward legalizing marijuana and I'm going to watch very closely to see the pluses and minuses of what they have done,"Sanders said. "I will have more to say about this issue within the coming months."

Louisiana Marijuana Sentencing Reform Bill Wins Committee Vote. The Senate Judiciary Committee Wednesday approved a bill that would reduce the state's draconian marijuana possession sentencing. The measure is Senate Bill 241.

Maine Legalization Bills Get Hearing. The Criminal Justice Committee Wednesday heard testimony on a pair of marijuana legalization bills. Sponsored by Rep. Diane Russell (D-Portland), LD 1380 and its companion bill in the Senate would craft a regulatory structure for pot commerce and then put it before voters. If the legislature fails to act, the state could see two legalization initiatives next year.

Second Ohio Pot Legalization Initiative Certified for Signature-Gathering. The secretary of state's office has certified a legalization initiative from Better for Ohio, which means the group can now commence trying to gather the 306,000 signatures needed to qualify for this year's November ballot. Another group, ResponsibleOhio, is already in the signature-gathering phase.

No Decriminalization Initiative for Nashville. An effort by TN-NORML to put a marijuana decriminalization on the municipal ballot this year has apparently fallen short. Monday was the deadline day for handing in signatures, and TN-NORML didn't hand any in. Earlier, the group said it had only 4,000 signatures; it needed nearly 7,000 to qualify.

Medical Marijuana

Colorado Governor Signs Bill Limiting Medical Marijuana Growers. Gov. John Hickenlooper (D) Monday signed into law a bill that will limit medical marijuana caregivers to growing no more than 99 plants. The bill is Senate Bill 15-014. The bill also allows parents to have someone other than themselves grow medical marijuana for child patients and allows school districts to consider allowing medical marijuana use on campus.

Drug Policy

Obama Nominates Chuck Rosenberg to Head DEA. FBI senior official and former US Attorney Chuck Rosenberg has been nominated to replace Michelle Leonhart as head of the DEA. For the last 18 months, Rosenberg has served as chief of staff to FBI Director James Comey. He previously served as US Attorney for Southern Texas and US Attorney for Eastern Virginia and has won support from Democrats and Republicans alike.

Drug Testing

Wisconsin Public Benefits Drug Testing Bill Advances. A bill that would require applicants for welfare benefits, unemployment benefits, job training programs, and health coverage through the state-sponsored program to be assessed for drug use passed the Senate Budget Committee Wednesday. People whose assessments suggest they may be using drugs would have to take and pass a drug test to win benefits. A provision to include food stamp recipients was stripped out because it would likely be challenged by the federal government. The measure is Assembly Bill 192.

Maine Bill to Drug Test Food Stamp Recipients Gets Hearing. The Health and Human Services Committee heard Monday from the administration of Gov. Paul LePage (R) about its bill that would require people on the food stamp program to take a written screening test to see if they are using drugs. If the assessment suggested they may be using drugs, they would have to submit to a drug test. People who tested positive could keep their benefits as long as they sought and completed drug treatment. The bill would also bar people with drug felonies from getting food stamps.

Law Enforcement

NYPD To Not Bust Middle-Aged Drug Offenders. The NYPD last week issued a memo instructing its narcs not to bust drug offenders over age 40 and instead concentrate on younger dealers. The department considers younger drug suspects to be more dangerous.

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

Chronicle AM: Fiorina on Drugs, Hawaii Dispensaries, Drugs on the UN Agenda More (5/8/15)

Marijuana reforms pass the Kansas House, a dispensary bill passes the Hawaii legislature, another Ohio legalization initiative is moving, one Republican presidential contender makes some nice noises about drug policy, and more.

GOP presidential contender Carly Fiorina stakes out some progressvie drug policy positions. (wikimedia.org)
Marijuana Policy

Kansas House Passes Marijuana Reform Bill. The House Thursday approved a bill that would decrease penalties for small-time marijuana possession, allow for the sale of CBD cannabis oil, and set up a study for uses of industrial hemp. The measure is House Bill 2049. It now heads to the Senate.

Ohio Legalization Initiative Approved by Attorney General. Attorney General Mike DeWine has approved the ballot summary for the "Legalize Marijuana and Hemp in Ohio" initiative proposed by Better for Ohio. The group is pushing this 2015 initiative as alternative to the controversial one being run by ResponsibleOhio, which would set up a 10-grower monopoly on commercial cultivation. The ResponsibleOhio initiative is already deep into its signature-gathering campaign.

Medical Marijuana

Hawaii Legislature Approves Dispensaries. Fifteen years after it gave the go-ahead to medical marijuana, the state legislature has gotten around to approving a bill that would allow up to 16 dispensaries statewide by mid-2016. House Bill 321 was approved unanimously in the Senate Thursday and passed the House the same day on a 38-13 vote. Gov. David Ige (D) is expected to sign the bill.

Drug Policy

Carly Fiorina Hints at Support for Drug Decriminalization, Would Leave Legal Marijuana States Alone. GOP presidential contender Carly Fiorina staked out some progressive drug policy ground Thursday in an interview with the Des Moines Register editorial board. "I would not, as president of the United States, enforce federal law in Colorado, where Colorado voters have said they want to legalize marijuana," she said, adding that she didn't personally support legalization. "I do not think they should legalize marijuana," she said. "If you look at a place like Colorado, we've sent the message that pot is just no big deal. And it's just not true." And on drug decriminalization, she had this to say: "I don't think it helps this nation to criminalize drug abuse," she said. "It is not helpful -- to the system, the community, or to a drug abuse victim -- it's not helpful to treat them as hardened criminals and throw them into jail."

International

China Urges UN to "Firmly Oppose" Drug Legalization. At a UN debate in preparation for next year's UNGASS on Drugs, China took a predictably hard line stance on legalization: "In recent years, there have been voices calling for the legalization of narcotic drugs and raising doubts about the three UN Conventions on drug control and other existing international drug control mechanisms," said Wang Min, China's deputy permanent representative at the world body. "This is not conducive to the healthy development of international drug control," he added.

Reformers Take on Drug Prohibition At UN. Not all countries agree with China, and global civil society is also active at the UNGASS on Drugs prep sessions. Click on the link to read Dave Borden's account of what's going on.

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

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Safe Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School