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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: OH MJ Report, Colombia to Debate MJ Legalization, CDC Spice Warning, More (6/12/15)

There's a new report on the impact of marijuana legalization in Ohio, the CDC sounds the alarm on "Spice," a CBD cannabis oil for kids bill passes in Delaware, and more.

Marijuana Policy

Ohio Marijuana Policy Task Force Says Legalization Will Create 35,000 Jobs. A task force commissioned by ResponsibleOhio, which is leading a legalization initiative campaign, issued a 187-page report Thursday that estimated legalization would bring 35,000 jobs to the Buckeye State. Those jobs would provide wages of around $1.6 billion, the report said. The task force was led by Hamilton County (Cincinnati) Prosecutor Joe Deters.

Medical Marijuana

Delaware Legislature Approves Youth CBD Cannabis Oil Bill. The state Senate Thursday unanimously approved Senate Bill 90, which would allow children with epilepsy to use CBC cannabis oil. The bill, also known as Rylie's Law after 9-year-old Rylie Maedler, who suffers from severe seizures, already passed the House and now heads to the governor's desk.

New Synthetic Drugs

CDC Sounds Alarm on Synthetic Cannabinoids. The number of phone calls to poison control centers and the number of deaths related to synthetic cannabinoids ("spice") has tripled this spring compared to last year, the Centers for Disease Control and Prevention reported Thursday. The CDC reported that 15 people had died in the first five months of this year, up from five during the same period last year. For perspective, the CDC reported in April, that there were 44,000 drug overdose deaths in the US in 2013, more than half of them from prescription drugs.

Drug Testing

ACLU Sues Indiana Town Over Mandatory, Suspicionless Drug Tests for Public Assistance. The ACLU of Indiana has filed a lawsuit against the town of Black Township on behalf of a woman who was denied public assistance because she failed to take a drug test. It's not that she failed a drug test; the woman suffers from physical disabilities and was unable to physically urinate into a specimen cup. She sought an alternative means of doing the drug test, but the town refused to allow it. While the ACLU is suing under the Americans with Disabilities Act on that count, it also asserts that the town's policy of mandatory, suspicionless drug testing violates the Fourth Amendment, a position in line with federal court decisions.

International

Colombian Senator Will Push for Full Legalization During Looming Medical Marijuana Debate. Senator Roy Barreras of the coalition U Party said Thursday that he will attempt to amend a proposal to allow medical marijuana to turn it into a full legalization bill. That debate is set to take place next month. Barreras cited security issues, saying it is not drugs but "prohibition that is generating the mafias."

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: CA MedMJ Reg Bill Moves, IL Heroin Bill Passes House, Brits to Ban Legal Highs, More (6/1/15)

California could finally end up with statewide medical marijuana regulation as a compromise bill moves, asset forfeiture reform is moving in Michigan, an omnibus heroin bill moves in Illinois, and more.

Illinois is the latest state to try to legislate a response to heroin. (wikimedia.org)
Marijuana Policy

Maine Legalization Bill Rejected in Committee. The Criminal Justice Committee last Thursday rejected Rep. Diane Russell's legalization bill, LD 1380, but the bill is not yet dead, and supporters say the real battle will be on the House floor. Stay tuned.

Medical Marijuana

California Medical Marijuana Regulation Bill Wins Committee Vote. The Assembly Appropriations Committee has approved a compromise regulation bill that combines features of two competing bills, Assembly Bill 34 and Assembly Bill 266. The bill would create a Governor's Office of Medical Marijuana Regulation, with three divisions. The Agriculture Department would handle cultivation, the Public Health Department would handle product safety and labeling, and the Board of Equalization would be responsible for licensing. The compromise bill is AB 266. A floor vote is expected later this week.

Illinois Bill to Add PTSD Moves Ahead. The House last Saturday approved a bill that would add PTSD to the list of qualifying medical conditions. The bill has already been approved by the Senate, but will have to go back there for approval after the House added language clarifying that patients are not prohibited from having a state firearms owner ID card.

Oklahoma Initiative Campaign Began Saturday. Hundreds of people showed up at the state capitol Saturday for the launch of a medical marijuana initiative campaign led by Oklahomans for Health.

Heroin

Illinois Heroin Bill Passes House. The House last week approved House Bill 1, a comprehensive bill aimed at combating heroin use. Sponsored by Rep. Lou Lang (D-Skokie), the bill would expand access to the opiate overdose reversal drug naloxone, establish a prescription drug return program, expand Medicaid services to include rehabilitation, and expand the use of drug courts for people charged with simple possession. The bill now goes to the state Senate.

Asset Forfeiture

Michigan House Committee Approves Asset Forfeiture Reform Package. The House Judiciary Committee has passed a package of bills aimed at reforming the state's asset forfeiture laws. The package raises the standard of proof before goods can be seized and mandates increased reporting of seizures by law enforcement agencies. One of the bills would bar asset forfeiture in cases involving less than an ounce of pot.

Drug Testing

California Assembly Committee Rejects Uber Driver Drug Testing Bill. The Appropriations Committee has voted down Assembly Bill 24, which would have required drug testing of Uber and Lyft drivers.

Law Enforcement

Silk Road Mastermind Gets Life in Prison. Ross Ulbricht, founder of the Dark Web's first widely-known drug sales website, was sentenced to life in prison Thursday, the harshest possible sentence he faced. With no chance at parole, Ulbricht will die in prison unless his sentence is overturned.

International

British Ban on Psychoactive Substances Could Cripple Brain Research. Last week, the British government announced it would ban all unregulated psychoactive substances via a new act, the Psychoactive Substances Bill, but some scientists are now saying the bill would cripple research on the brain. The bill would ban laughing gas, salvia, "poppers," and synthetic cannabinoids, among other things. Dr. David Nutt, the former top drug advisor to the government, said that such efforts could bring some areas of scientific research to a standstill. "It's going to end brain research in this country. It will be disastrous," he said.

British Lib Dem Leadership Candidate Says Legalize Marijuana. Norman Lamb, who is seeking to lead the Liberal Democrats after their poor showing in the last election, is calling for Britain to legalize, tax, and regulate marijuana commerce. Lamb said he is seeking immediate legalization for medical use and a swift, evidence-based policy change regarding recreational use.

Chronicle AM: IL Senate Approves Decrim, MedMJ Extension; Ex-Cincy Police Chief Endorses Pot Init, More (5/22/15)

Midwest marijuana news dominates today, with the Illinois Senate approving decriminalization and medical marijuana extension bills, a prominent Ohio law enforcement figure endorsing a legalization initiative and the state attorney general rejecting another one, and more.

Marijuana Policy

Illinois Senate Passes Decriminalization Bill. The state Senate Thursday approved House Bill 218, which would decriminalize the possession of up to 15 grams of marijuana, replacing the possibility of jail time and a criminal record with a maximum $125 fine and no criminal record. The bill has already cleared the House, but will not go to the governor's desk until sponsors get some additional cleanup language approved.

Former Cincinnati Police Chief Endorses Ohio Legalization Initiative. Former Cincinnati Police Chief Tom Streicher has come out in favor of the controversial ResponsibleOhio pot legalization initiative. "Our state spends over $120 million per year to enforce marijuana prohibition, even though we all know these laws do not work," Streicher said. "Law enforcement should instead be able to spend their time and their resources cracking down on the real criminals." ResponsibleOhio is the midst of a signature-gathering campaign to qualify for the November 2015 ballot. It needs more than 300,000 approved voter signatures to qualify, but says it has 320,000 raw signatures right now and aims to gather 800,000 by the July deadline.

Ohio Attorney General Rejects Language for Third Legalization Initiative. Attorney General Mike DeWine Thursday rejected the ballot summary language for a third statewide legalization initiative, the Ohio Cannabis Control Amendment from Ohioans to End Prohibition. Two other initiatives, from ResponsibleOhio and Better for Ohio, have already been approved and are in the signature-gathering phase. Now, Ohioans for Prohibition will have to gather another 1,000 signatures and resubmit modified language if it wants to move forward.

Medical Marijuana

Illinois Senate Approves Extension of Medical Marijuana Program. The state Senate voted 33-16 Thursday to approve House Bill 3299, which would extend the program by two more years. The measure has already passed the House and is headed for the desk of Gov. Bruce Rauner (R), but it's unclear if he will sign it. He has said he didn't think the program should be extended until it's been fully evaluated -- but it hasn't even really started.

Nebraska Legislature Approves CBD Cannabis Oil Study Bill. The state Senate Thursday gave final approval to Legislative Bill 390, under which the University of Nebraska Medical Center would study the effectiveness of CBD in treating epileptic seizures. Gov. Pete Ricketts (R) now has five days to act on the bill.

Washington Supreme Court Upholds Local Collective Garden Bans. The state Supreme Court ruled 8-1 Thursday that the city of Kent can ban medical marijuana collective gardens. The decision upheld lower court rulings allowing cities to impose bans via zoning regulations. The case was Cannabis Action Council v. City of Kent.

Drug Testing

Maine Committee Rejects Governor's Food Stamp Drug Testing Bill. The legislature's Health and Human Services Committee voted 6-5 on party lines to reject LD 1407, Gov. Paul LePage's (R) bid to impose drug testing on food stamp recipients. That doesn't mean the bill is dead, though; it is still likely to be debated in the House, and the question will be whether the Democrats can hold their caucus together in opposition.

Harm Reduction

North Carolina Jail Becomes First in South to Offer Naloxone to Released Inmates. The Durham County Detention Facility last month began distributing overdose reversal kits to inmates being released in a bid to cut the overdose rate among the newly freed whose tolerance to opiate drugs has been reduced by the jail stays. The formerly incarcerated are more than a hundred times more likely to die of drug overdoses in the first two weeks after their release than the general population.

International

Iceland Support for Marijuana Legalization Doubles, But Still Low. Nearly one quarter (24.3%) of Icelanders now support marijuana legalization, up from 12.7% in 2011, a new survey finds. Men were more supportive than women (31% v. 16%), and the youth were more supportive than older cohorts, but even among people under 30, support was only at 43%.

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: TX MJ Legalization Bill Wins Committee Vote !); Decrim Advances in DE, IL, More (5/7/15)

Holy Cow! A marijuana legalization bill wins a committee vote in Texas! Also, decrim bills are moving in Delaware and Illinois, welfare drug testing gets shot down by Democrats in Iowa, but advances thanks to Republicans in Wisconsin, and more.

Marijuana Policy

Fourth California Legalization Initiative Filed. Busy, busy. Jason Porter and Lara Marie Collinsworth have filed the 2016 California Bipartisan Decriminalization of Cannabis Act. That's the fourth so far this year, and we're still waiting for the big one to drop. This one would legalize up to five pounds for personal possession and allow a 500 square foot garden. It would also force medical marijuana into a pharmacy system. There is a handy spreadsheet on the various proposals here.

Delaware Decriminalization Bill Heads for House Floor Vote. A bill to decriminalize the possession of up to an ounce of pot has passed the House Public Safety and Homeland Security Committee after its sponsor, Rep. Helene Keeley (D-Wilmington), said she would revise to address law enforcement concerns. It now includes language making public pot smoking or smoking in a vehicle a misdemeanor with a maximum $200 fine. The cops still oppose it, though. The bill is House Bill 39.

Illinois Decriminalization Bill Wins Senate Committee Vote. A bill that would decriminalize the possession of up to 15 grams of pot passed the Senate Criminal Law Committee Wednesday. House Bill 218 has already passed the House and now heads for a Senate floor vote.

Texas House Committee Approves Legalization Bill. In a surprise move, the House Criminal Jurisprudence Committee approved an outright legalization bill on a 5-2 vote. The bill, House Bill 2165 now awaits a chance at a House floor vote.

Medical Marijuana

Illinois Medical Marijuana Extension Heads for Senate Floor Vote. A bill to extend the state's long-delayed medical marijuana pilot program is now headed for a final Senate vote. House Bill 3299 passed the House last month. It would extend the program for four years after the first dispensary opens.

Texas Senate Approves CBD Cannabis Oil Bill. The Senate today approved Senate Bill 339, the "Texas Compassionate Use Act," which would allow people with severe epileptic conditions to use CBD cannabis oil. The bill now goes to the House. The House is considering a companion bill, but it has not had a floor vote yet.

New Synthetic Drugs

New Hampshire House Approves Synthetic Drug Bill. The House voted Wednesday to restrict synthetic drugs. The bill, Senate Bill 106, would impose fines on persons who sell synthetic drugs and fines and other penalties on businesses that sold them, but would not penalize personal possession of the substances. The bill has already passed the Senate, but was amended in the House, so it needs to go bac for a final Senate vote.

Texas Senate Approves Synthetic Drug Bill. The Senate Wednesday passed Senate Bill 1582, which would allow the state health department to designate new synthetics as "hazardous controlled substances" until the legislature has time to ban them. The bill now goes to the House.

Asset Forfeiture

Oklahoma Civil Asset Forfeiture Reform Bill Filed. Sen. Kyle Loveless (R-Oklahoma City) today filed Senate Bill 838, the "Personal Asset Protection Act." The bill would require a criminal conviction before asset forfeiture can be undertaken. Although the bill is being filed late in the session, Loveless said it was an important issue and that he would hold an interim study to examine the issue.

Drug Testing

Iowa Welfare Drug Testing Defeated. Senate Democrats stood firm to defeat a welfare drug testing amendment proposed as part of a health and human services budget bill Wednesday. The amendment was defeated on a party-line vote, 26-23. The Senate also rejected an amendment that would have required drug testing for lawmakers.

Wisconsin Welfare Drug Testing Bill Moves. A bill that would require some public benefits recipients to undergo drug testing was approved by the Assembly Committee on Public Benefit Reform Wednesday. The Republican-backed measure is Assembly Bill 192

Chronicle AM: MT Forfeiture Reform Passes Legislature, IL Pot Decrim Passes House, More (4/24/15)

Decrim advances in Illinois, an Ohio legalization initiative is rolling along, asset forfeiture reform passes in Montana and is now under consideration in Michigan, Vancouver will regulate its dispensaries, and more.

2015 is looking like the year of asset forfeiture reform. (wikipedia.org)
Marijuana Policy

Illinois House Passes Decriminalization Bill. The House Thursday approved House Bill 218, sponsored by Rep. Kathy Cassidy (D-Chicago). The bill would make possession of 15 grams or less an infraction punishable only by a fine of no more than $125. Under current law, people face up to a year in jail for simple possession. The bill now goes to the state Senate.

Ohio Legalization Initiative Making Progress on Signature-Gathering. The Responsible Ohio legalization initiative campaign has gathered more than 180,000 signatures in its effort to put its initiative before voters in November. Buckeye State initiatives need 305,000 valid voter signatures to qualify for the ballot, so the group probably needs to gather something like 400,000 signatures to ensure that disqualifications don't knock it off the ballot. Responsible Ohio says it is aiming even higher -- for 700,000 signatures. They have until July to gather them. A second legalization initiative, aiming at 2016, Ohioans To End Prohibition, is just in the initial phase of its campaign, while a third effort, led by the Ohio Rights Group, says it will not manage to qualify this year and has filed Election Commission complaints claiming that people associated with Responsible Ohio have interfered with its efforts.

Heroin

Heroin Use Up Sharply in Past Decade, SAMSHA Says. The number of heroin users in the country was stable at around 400,000 between 2002 and 2007, but began increasing in 2008 and reached 681,000 by 2013, according to the Substance Abuse and Mental Health Services Administration (SAMSHA). But that's still less than one-third of 1% of the population. Another 11 million people, or 4% of the population, used prescription pills for off-label reasons.

Asset Forfeiture

Michigan Asset Forfeiture Reform Bill Package Filed. A bipartisan package of eight asset forfeiture reform bills was filed Wednesday with support from the legislature's Republican leadership. One bill would create uniform, mandatory reporting requirements and raise the standard of evidence needed for a seizure from "a preponderance" to "clear and convincing." Another bill would bar seizures of vehicles used by someone buying an ounce of pot or less. The package doesn't include a bill to ban civil asset forfeiture outright, but it's a start.

Montana Legislature Passes Bill Ending Civil Asset Forfeiture. A bill that would end civil asset forfeiture passed the House Thursday. House Bill 463 had already passed the Senate and now heads for the governor's desk. New Mexico and Wyoming have both passed similar laws this year; the New Mexico governor signed hers, but the Wyoming governor vetoed his.

Drug Testing

Florida ACLU Targets Police Field Drug Tests. The ACLU of Florida is investigating the presumptive field test kits police use to make drug arrests. The move comes just a day after Hillsborough County Public Defender called them "faulty" and "inaccurate." Scientists have reported that kits like the Nark 2 are unreliable, but thousands of people have been arrested on the basis of their field test results.

Louisiana Bill Would Let Employers Drug Test Hair. The House Health Committee Wednesday approved House Bill 379, which would allow employers to use hair drug tests on potential hires. Hair drug tests can detect use going back as far as three months. The bill now heads for a House floor vote.

Law Enforcement

Seattle Doing Mass Arrests to Clean Up Downtown Drug Dealing Police in Seattle have arrested more than a hundred people in two days in a push to clean up open-air drug dealing downtown. The arrests involved undercover officers making marijuana, heroin, meth, and cocaine buys. Prosecutors said they would seek judicial orders barring those people from returning to the area, but that they would seek diversion programs in other cases.

International

Vancouver Moves to Regulate Marijuana Stores; Ottawa Not Happy. Vancouver has announced plans to regulate the more than 80 unlicensed medical marijuana dispensaries operating in the city, making it the first city in Canada to do so. But the federal Health Minister is warning the city not to do it, saying it would "normalize" marijuana sales.

Drug Cartel Violence Flares in Mexican Border State. Gun battles and arson attacks flared for the second time in a week in Tamaulipas, just across the Rio Grande River from Texas border towns such as Harlingen and Brownsville. The brouhaha broke out after police captured four alleged Gulf Cartel members and included blockades in the town of Altamira. At least two people were killed. Earlier this month, major violence broke out in Reynosa after the arrest of a Gulf Cartel leader. More than 100,000 people are estimated to have been killed in prohibition-related violence since 2006.

Chronicle AM: Supreme Court Nixes Roadside Waits for Drug Dogs, DEA Head to Resign, More (4/21/15)

The DEA head is on her way out, the Supreme Court rules on making motorists wait for drug dogs to arrive, Indiana's governor extends an emergency needle exchange, a new report on asset forfeiture abuses in California is out, and more.

The US Supreme Court rules that detaining motorists on the side of the road to wait for drug dogs is illegal. (wikipedia.org)
Marijuana Policy

Washington State Legal Pot Price Declines to $12 a Gram. Pot prices averaged nearly $30 a gram—well above black market prices—when the state's first marijuana retail outlets opened, but that has changed dramatically, according to the State Liquor Control Board. Now, the average retail price of a gram is about $12, as supply expands to meet demand. That's still $336 an ounce, though.

Medical Marijuana

Wyoming Medical Marijuana Initiative Getting Underway. Activists with Wyoming NORML submitted their initiative application with the secretary of state's office Monday. If and when the application is approved, organizers will have until next February to gather 25,673 valid voter signatures to place it on the 2016 general election ballot. A recent poll had support for marijuana at 72% in the Cowboy State.

Asset Forfeiture

New Report Details California Asset Forfeiture Abuses. The Drug Policy Alliance today released a new report, Above the Law: An Investigation of Civil Asset Forfeiture Abuses in California, a multi-year, comprehensive look at asset forfeiture abuses in the state that reveals the troubling extent to which law enforcement agencies have violated state and federal law. The report finds that a handful of LA County cities lead the state in per capita seizures, that some departments rely on asset forfeiture for funding themselves, and that some departments were providing false or incomplete reports to the Justice Department.

Drug Testing

Indiana Welfare Drug Testing Bill Dead. The legislator who unexpectedly proposed adding a welfare drug testing proposal to a social services spending bill has withdrawn it after learning how few people would be tested and how little support there is for it. Rep. Terry Goodin (D-Crawfordsville) said today he would instead seek a study committee to examine how best to fight drug abuse.

Florida Governor Settles on State Employee Drug Testing. Gov. Rick Scott (R) has formally given up on his effort to subject state employees to random, suspicionless drug testing. He reached an agreement Monday with the employees' union that will only allow drug testing in a relative handful of safety-sensitive positions. Of the 1,400 job classifications Scott originally wanted covered, only 267 will be covered.

Harm Reduction

Indiana Governor Extends Emergency Needle Exchange Program. Gov. Mike Pence (R) Monday extended an emergency needle exchange program in Scott County for another 30 days in a bid to get a handle on an injection drug-related HIV outbreak there. The move comes as the legislature heard testimony supporting a bill that would allow similar exchanges elsewhere in the state.

Law Enforcement

DEA Administrator Michele Leonhart Set to Resign. DEA Administrator Michele Leonhart is expected to resign soon, a unnamed "senior administration official" told CBS News this morning. The embattled DEA head has been under fire for years over her leadership of the scandal-ridden agency, but it was her performance at a Capitol Hill hearing last week that sealed her fate. Click on the link to read our feature story on this.

Supreme Court Says Detaining Motorists to Wait for Drug Dogs to Arrive is Not OK. In a 6-3 decision today, the US Supreme Court held that detaining motorists on the side of the highway to await the arrival of a drug dog violates the Fourth Amendment's proscription against unlawful searches and seizures. Writing for the majority, Justice Ruth Bader Ginsburg noted that police may request drivers licenses, vehicle registrations, proof of insurance, and check for outstanding warrants because all those investigatory actions are aimed at enforcing traffic laws and ensuring that vehicles are operating safely—the ostensible reason for the stops. "A dog sniff, unlike those stock inquiries, lacks the same tie to roadway safety," she said. Prolonging the stop, even for a few minutes, to allow for the arrival of a drug dog was improper, Ginsburg wrote. "A traffic stop becomes unlawful if prolonged beyond the time in fact needed to complete all traffic-based inquiries," Ginsburg said. Click on the link to read our newsbrief and view the ruling itself.

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Mexicans Capture Gulf Cartel Leader. Mexican authorities confirmed over the weekend that they had captured Jose Tiburcio Hernandez Fuentes, who they described as a Gulf Cartel leader responsible for much of the recent violence in the border city of Reynosa. He was caught despite a shootout between Mexican soldiers and police and around 60 cartel gunmen who tried to rescue him. The Mexicans caught a key Juarez Cartel leader just a day earlier. 

Holding Motorists on Highway to Await Drug Dog Searches Not OK, Supreme Court Rules

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

In a 6-3 decision today, the US Supreme Court held that detaining motorists on the side of the highway to await the arrival of a drug dog violates the Fourth Amendment's proscription against unlawful searches and seizures.

In the decade since the Supreme Court held in Illinois v. Cabellas that a drug dog sniff of a vehicle that did not extend a traffic stop was not a search under the meaning of the Fourth Amendment, law enforcement agencies across the country have routinely detained drivers on the roadside awaiting arrival of a drug dog, then used drug dog alerts as "probable cause" to allow vehicle searches.

The practice left motorists in a legal limbo where there was no actionable cause to detain them, but they were not free to be on their way. Today's ruling from the Supreme Court says that is not okay.

Writing for the majority, Justice Ruth Bader Ginsburg noted that police may request drivers licenses, vehicle registrations, proof of insurance, and check for outstanding warrants because all those investigatory actions are aimed at enforcing traffic laws and ensuring that vehicles are operating safely -- the ostensible reason for the stops.

"A dog sniff, unlike those stock inquiries, lacks the same tie to roadway safety," she said.

Prolonging the stop, even for a few minutes, to allow for the arrival of a drug dog was improper, Ginsburg wrote.

"A traffic stop becomes unlawful if prolonged beyond the time in fact needed to complete all traffic-based inquiries," Ginsburg said.

The ruling came in Rodriguez v. US, in which Dennys Rodriguez had been pulled over in Nebraska for a traffic infraction. He was issued a warning ticket for driving on the shoulder of the road, but then made to wait on the roadside for the arrival of a drug dog 10 minutes later. After the drug dog alerted, his vehicle was searched, methamphetamine was found, and he was charged and convicted.

While the decision is a boon to motorists, it's not a get-out-of-jail-free card for Rodriguez. The evidence derived from the drug dog search has been thrown out, but his case remanded to the lower courts, prosecutors will still have a chance to try to prove there was other reasonable suspicion to think he was carrying drugs.

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