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Illinois Governor Vetoes Heroin Bill Over Medicaid Treatment Funding [FEATURE]

Faced with a public health crisis related to heroin and prescription opioid use, the Illinois state government created a bipartisan Heroin Task Force in a comprehensive effort to address the problem from all angles. The task force created a set of policy recommendations that were embodied in House Bill 1, the Heroin Crisis Act.

Heroin is taking a toll not only in Chicago, but in its suburbs. (kirk.senate.gov)
The bill passed the House and Senate in May, and was sent to Gov. Bruce Rauner (R) in June, where it sat on his desk until this week. On Monday, Rauner finally acted -- not by signing the bill, but by vetoing critical sections of it that he says the state cannot afford. He has now sent the bill back to the legislature and asked it to remove the offending sections.

But saying, "People are dying," the measure's House sponsor, Rep. Lou Lang (D-Skokie), has vowed an effort to override the veto. An override could be within reach -- the bill passed by veto-proof majorities in both houses -- but for members of a governor's own party, a veto override is a hard vote to take.

Here's what the bill does:

  • It increases the availability of opiate overdose reversal drugs and requires private insurance to cover at least one of them, as well as acute treatment and stabilization services. It allows licensed pharmacists to dispense overdose reversal drugs, allows school nurses to administer them to students suffering from overdoses, and provides protection from civil liability for people who administer them in good faith.
  • It requires the Department of Human Services and the State Board of Education to develop a three-year pilot heroin prevention program for all schools in the state, requires the Department of Human Services to develop materials to educate prescription opiate users on the dangers of those drugs, and it requires the Department of Insurance to convene working groups on drug treatment and mental illness and on parity between state and federal mental health laws.
  • It intensifies the state's prescription monitoring program by tightening reporting requirements and it requires doctors to now document the medical necessity of any three sequential 30-day prescriptions for Schedule II opioids.
  • On the criminal justice front, it permits multiple chances at drug court and prevents prosecutors from unilaterally blocking entry to drug court, and it requires prosecutors and public defenders to undergo mandatory education on addiction and addiction treatment. It also increases criminal penalties for "doctor shopping" if fraud is involved.
  • It requires Medicaid coverage of all heroin treatment, including methadone and other opiate maintenance treatment, as well as all anti-overdose medications.

People lining up to buy heroin in Chicago. (Chicago PD)
It's the latter provision to which Rauner objects.

"I support all of the above measures and applaud the multifaceted approach to combating this epidemic in Illinois. Unfortunately, the bill also includes provisions that will impose a very costly mandate on the State's Medicaid providers. I am returning the bill with a recommendation to address that concern," he said in a veto statement.

"House Bill 1 mandates that fee-for-service and medical assistance Medicaid programs cover all forms of medication assisted treatment of alcohol or opioid dependence, and it removes utilization controls and prior authorization requirements," Rauner continued. "These changes would limit our ability to contain rising costs at a time when the State is facing unprecedented fiscal difficulties. Importantly, the State's Medicaid programs already cover multiple forms of medication necessary to treat alcohol and opioid dependence. But without adequate funding to support mandated coverage for all forms of treatment, regardless of cost, this change would add to the State's deficit."

His recommendation is simply to delete the language requiring Medicaid coverage.

Rep. Lang and other bill supporters aren't going for that.

"There's a human cost to not doing it," Lang said. "People are addicted, people are sick, people are dying. You want to talk about the costs of providing methadone and Narcan to addicts, but you forget totally that if you cure them or they get off the stuff, there's a savings to the Medicaid system on a different line item, because they're no longer in emergency rooms, they're no longer a burden to law enforcement."

Heroin and opiate addiction is a serious problem in Illinois. The rate of drug overdose deaths has nearly doubled since 1999, and in the Chicago suburbs, people have been dying of drug overdoses at a rate of three per day since 2012. In the state as a whole, 633 people died of heroin overdoses last year, with nearly half (283) in Chicago.

At the same time as the problem with heroin and prescription opioids has been deepening, the state's ability to provide treatment has been decreasing. According to a report this month from the Illinois Consortium on Drug Policy, the state's ranking for drug treatment capacity has fallen from 28th in the nation in 2009 to 47th this year. This as demand for heroin and opiate treatment statewide is increasing dramatically. In Chicago and the surrounding suburbs, 35% of drug treatment admissions are for heroin, more than twice the national average.

The consortium's director and the study's lead author, Kathleen Kane-Willis, noted that Illinois is one of only a few states nationwide that doesn't allow Medicaid coverage of opiate maintenance treatment.

"We're going to pay for not paying," she said.

But bill supporters could also find the votes to override the veto. Rep. Lang says that is what's he going to try to do, and with a 114-0 vote in the House and a 46-6 vote in the Senate the first time around, he has plenty of supporters to ask. If that happens, Illinois will get the drug treatment it needs, and Rauner will still be able to maintain his fiscally conservative credentials.

Springfield, IL
United States

Chronicle AM: DC AG Talks Decrim, IL Gov Vetoes Medicare Heroin Treatment Funding, More (8/25/2015)

Another South Florida community moves toward marijuana decrim, GOP primary state voters want the feds to stay out of state marijuana policies, DC's top prosecutor hints at drug decrim, Illinois's governor vetoes Medicaid heroin treatment funding, and more.

Heroin users lining up to score in Chicago. The governor has vetoed heroin treatment funding. (Chicago PD)
Marijuana Policy

Poll: GOP Voters in Early Primary States Want Feds to Butt Out on Marijuana. Roughly two-thirds of Republican voters in Iowa and New Hampshire says states should be able to design their own marijuana laws without federal interference. The figure was 64% in Iowa and 67% in New Hampshire. The poll was conducted by Public Policy Polling and was commissioned by Marijuana Majority. "We put these polls into the field because we want presidential candidates to understand that the voters in these key states -- who they need support from to win -- overwhelmingly want the next occupant of the Oval Office to scale back federal marijuana prohibition," said Tom Angell, chairman of Marijuana Majority.

Key West Latest South Florida City to Move Toward Decriminalization. Officials in Key West have given preliminary approval to municipal marijuana decriminalization; a final vote will come next month. The change comes on the heels of similar moves this summer in Miami-Dade County, Miami Beach, and Hallandale Beach. Lawmakers in Palm Beach County are now considering a similar proposal, as are lawmakers up the Gulf Coast in St. Petersburg.

Medical Marijuana

Michigan Group Drops Legalization Initiative Plans; Will Instead Focus on Medical Marijuana Reforms. The Michigan Responsibility Council, which had been considering running a third legalization initiative campaign in the state, has decided to instead focus on an initiative aimed at improving the state's medical marijuana law. Two other groups are continuing with legalization efforts.

Reno's First Dispensary Opens Wednesday. Sierra Wellness Connections opens near downtown Reno tomorrow. It is the first one in the city and the third one in the state. One in nearby Sparks opened earlier this month, and one in Las Vegas opened Monday.

Drug Policy

DC's Attorney General Hints He Could Support Drug Decriminalization. DC Attorney General Karl Racine responded to a caller who argued that drug prohibition created the recent wave of new psychoactive substance use during a C-Span interview last Friday by largely agreeing with him. "Law enforcement and over-criminalization of drug laws can cause more harm to society than benefit… With respect to the legalization of other substances, including marijuana, I think the caller makes an excellent point… I think that the 21st Century policing is such that smart prosecution means less of an emphasis on criminalizing conduct, more of an emphasis on mental health and substance abuse. With respect to marijuana, you know, my position is very clear. I think it should be legal and I think that the District of Columbia, like the State of Colorado should be able to regulate it."

Heroin and Opiates

Illinois Governor Cuts Drug Treatment Funding From Heroin Bill. Gov. Bruce Rauner (R) has partially vetoed a bill aimed at fighting heroin addiction and overdoses, cutting out a section that requires Medicaid coverage of all heroin treatment programs, as well as anti-overdose and heroin-treatment medications (methadone). Rauner said that he supports the efforts, but the state can't afford to pay for them. Bill supporters say the move is short-sighted, pennywise but pound-foolish, and that there is a real human cost to it. They also said they would fight to see the funding restored. The bill is House Bill 1.

International

Russian Censor Lifts Ban On Wikipedia for Marijuana Page. Russia's Internet censor, Roskomnadzor, said Tuesday it had lifted a ban on Russian-language Wikipedia after Wikipedia complied with a court order and edited an entry dealing with charas, a substance made from marijuana resins. Under Russian law, if a web site is banned via court order, as was the case here, the entire website is banned even if the offending material is only on one page. Russian Wikipedia was shut down for about 24 hours.

Chronicle AM: Utah SWAT Raids Almost All Drugs, Bolivia Reduces Coca Growing (Again), More (8/18/2015)

A Wisconsin tribe may legalize marijuana, Ohio foes line up against the legalization initiative there, more Washington state dispensaries will be forced to close, a Utah SWAT reporting law shows what those squads are up to -- and it isn't hostage situations or "active shooters" -- Bolivia coca growing down, and more.

Bolivian President Evo Morales had a few choice words for US drug policy. (wikimedia.org)
Marijuana Policy

Ohio Legalization Initiative Foes Get Organized. Business, children's advocacy, parents, religious groups, and other groups organizing to defeat the ResponsibleOhio marijuana legalization initiative have formed an opposition organization, No on 3. Some are opposing it because of its limitations on who could grow commercial marijuana; others, like the Ohio Children's Hospital Association, have more traditional plaints: "The legalization of marijuana in Ohio at this time and the way issue three proposes would set too dangerous of a precedent and put at risk the other three million kids in the state," said Nick Lashutka, president of the association.

Wisconsin's Menominee Tribe to Vote on Legalizing Marijuana. The Menominee, one of the poorest tribes in the country, are set to vote this week on whether to legalize and sell marijuana. The move comes after the state rejected the tribe's plan to build a casino in Kenosha. The Menominee say they are interested in marijuana to "Explore all opportunities to diversify the tribe's economy, create jobs, and provide revenue to the tribe necessary to fund health, education, social, law enforcement and and other important services."

Medical Marijuana

Most Tacoma Dispensaries to Be Shut Down. The city council this week decided to shut down most of the city's 60 unregulated medical marijuana dispensaries. The dispensaries have 45 days to close. After passage of Senate Bill 5052, which essentially folds the medical marijuana system into the recreational marijuana system, dispensaries and collective gardens will have to get licenses from the state beginning next July 1 or shut their doors.

Heroin and Opioids

Massachusetts Officials Want to Jack Up Penalties for Fentanyl. State Attorney General Martha Healey joined legislators and law enforcement officials at a press conference Tuesday to press for legislation that would double prison sentences for people caught in possession of more than 10 grams of the synthetic opioid fentanyl. People caught with large amounts of heroin face up to 30 years, but under a lacuna in state law, people caught with large amounts of synthetic opioids can only be charged with possession with intent to distribute, with a maximum sentence of 10 years. "By criminalizing the trafficking of fentanyl, we will give police and law enforcement the tools they need to get this deadly drug off the streets and out of the hands of those struggling with addiction," Healey said. Some 1,200 people died of drug overdoses in the state last year, and another 312 in the first quarter of this year. [Ed: Why 10 years isn't more than enough for almost any law enforcement purpose, especially in a time of mass incarceration when that type of sentencing is coming under increasing criticism from across the political aisle, is not clear. How sad that a Democrat and former civil rights official in a liberal state is campaigning for longer sentences.]

Law Enforcement

Utah SWAT Reporting Law Shows Overwhelming Majority of Deployments Were for Drug Raids. Utah passed a SWAT reporting law last year, and now the first numbers are in. They show that SWAT teams were deployed nearly twice a day (559 reported incidents, with 25% of agencies failing to report) and, most startlingly, 83% of all SWAT deployments were to serve search warrants for drug offenses. Two-thirds (65%) of the drug raid SWAT deployments either "no-knock" or "knock and announce" raids where police force entry into homes without giving residents a chance to just let them in. Much more at the link.

International

Bolivia Coca Production Falls for Fourth Straight Year. The UN Office on Drugs and Crime announced Monday that the amount of land devoted to coca production dropped by 11% last year, continuing a trend that has seen land devoted to coca drop by more than a third since 2010. President Evo Morales touted his government's approach as more effective than the US-led war on drugs. "Eradication and fighting a war on drugs with military bases is not the solution, as we've seen in some Andean countries, where there are US officials waging the war on drugs," he said. He was referring to the world's two largest coca and cocaine producers, Colombia and Peru, where eradication efforts have provoked sometimes bloody strife.

Chronicle AM: White House Focuses on Heroin, Peru Coca Tensions Rise, CO Pot Sales Hit Record, More (8/17/2015)

It's big bucks for the Colorado marijuana industry (and the state's tax revenues), there's more initiative news, the White House takes on heroin, Peruvian coca farmers are feeling the pinch of eradication, and more.

Heroin is on the White House agenda today. (wikimedia.org)
Marijuana Policy

Colorado Sold a Record $50 Million Worth of Recreational Marijuana in June. Recreational pot sales totaled $50.1 million in June, a record high, and up 7.6% over the previous month, according to the Colorado Department of Revenue. Medical marijuana sales also hit a record, with $35.2 million taken in. The state took in $10.9 million in combined marijuana taxes in June, putting the year's total tax haul to date at nearly $42 million. For all of last year, the total was $44 million.

Idaho Initiative Would Decriminalize, Allow Medical Marijuana and Hemp. Activists with New Approach Idaho have crafted a three-pronged initiative that would decriminalize up to three ounces, allow for medical marijuana, and allow for hemp. The group needs more than 47,000 valid voter signatures to qualify for the November 2016 ballot.

Illinois Governor Wants Changes in Marijuana Bills. Gov. Bruce Rauner (R) last Friday used his veto authority to alter two marijuana bills on his desk. A decriminalization bill would make possession of up to 15 grams punishable by a fine of between $55 and $125; Rauner wants to decrease the amount to 10 grams and increase the fines to between $100 and $200. A medical marijuana bill would extend the state's medical marijuana program; Rauner wants an extension of only four months. The bills now go back to the legislature.

With ResponsibleOhio on the Ballot, Organized Opposition Emerges. A coalition of business groups are organizing to defeat the ResponsibleOhio legalization initiative. The Greater Cleveland Partnership is one member, so are the Ohio Manufacturers Association and the Ohio Farm Bureau. The Cuyahoga County drug and alcohol abuse board is also opposing, as are all Republican state higher officeholders.

Wyoming Moves to Criminalize Marijuana Edibles. After rulings by state court judges that state felony marijuana laws only criminalize its possession in plant form, the legislature's Joint Justice Committee is pondering how to deal with edibles. One proposal is to make possession of more than three ounces of an edible a felony. The committee will hold further discussions on the issue in November.

Medical Marijuana

New Version of Michigan Dispensary Bill Could Throttle Medical Marijuana. The House Judiciary Committee will be presented with new versions of the Provisioning Centers Act and the Smoking Alternative Bills that failed to get through the legislature in the 2013-14 session. But advocates say the new versions are less patient-friendly than business-friendly. Click on the link to get the lowdown on the legislature's medical marijuana shenanigans.

Nebraska Medical Marijuana Initiative Could Be Coming. Families who don't trust the legislature to act are preparing to push for action through the initiative process. Nebraska Families 4 Medical Cannabis says it won't make a final decision until next month, but is exploring its options. Another, NORML-affiliated state group is already working on a medical marijuana initiative signature-gathering campaign, but said it could merge efforts.

Heroin

White House Focuses On Heroin. The White House announced today an initiative aimed at reducing heroin use by pairing public health and law enforcement in an effort to shift the focus from punishing addicts to treating them. The plan will pair drug intelligence officers with public health officials to increase epidemiological knowledge about heroin use. The plan is being criticized by some reform advocates. Look for a Chronicle feature story later this week about the initiative and the critique.

International

Peruvian Coca Farmers Take Financial Beating from Eradication, Start to Fight Back. Peru has eradicated more than 210 square miles of coca crops this year, winning kudos from the US, but impoverishing thousands of coca farmers and their families who have lost their livelihoods. Government eradicators are manually destroying the crops in the field. "This is what we live off," said one farmer, surveying what's left of her family plot after eradication. The Peruvian government says some 42,000 families received financial help or support with alternative crops last year, but another 53,000 affected families did not. Grower anger is rising, with a July protest by 5,000 people in Ciudad Constitution ending with one farmer killed by police and 23 wounded. It was the first violent cocalero protest since 2012.

South Australia Bans Synthetic Cannabinoids. State Attorney-General John Rau has added two new psychoactive substances, a pair of synthetic cannabinoids, sold as Full Moon and Sinsence, to the state's list of banned substances. The move comes after reports of deaths and other adverse effects.

Chronicle AM: Chris Christie Picks Fight With Weed, New DEA Head Concedes Pot Might Not Be as Bad as Heroin, More (7/29/15)

Chris Christie is beating up on marijuana again, Ohio officials continue to play hardball with ResponsibleOhio, DEA Administrator Chuck Rosenberg takes a tiny step forward, Colombian peasants are grumbling at a rumored renewal of aerial crop eradication, and more.

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

Chris Christie Vows to Roll Back Legalization in the States if Elected. New Jersey governor and Republican presidential contender Chris Christie said Tuesday marijuana users in legal states should enjoy their highs while they have the chance because if he's elected, he will enforce federal prohibition. "If you're getting high in Colorado today, enjoy it," said Christie at a town hall meeting in New Hampshire. "As of January 2017, I will enforce the federal laws. If you want to change the marijuana laws, go ahead and change the national marijuana laws," he added. Christie is currently struggling to break out of the bottom of a crowded field of GOP contenders.

Ohio Secretary of State to Investigate Legalization Petitions for Possible Fraud. Secretary of State Jon Husted said today he had named a special investigator to look into "discrepancies" in petitions from the controversial legalization group ResponsibleOhio. He said the review would look into "significant disparities" between the number of petitions the group claimed to have gathered and the number actually turned in. If the discrepancies constitute fraud, they could lead to criminal charges, he said. ResponsibleOhio, on the other hand, has accused state election officials of losing some 40,000 signatures and wrongfully invalidating others and is threatening to go to the state Supreme Court over the issue. The group had handed in nearly 700,000 signatures and needed only 305,000 valid ones to qualify for the 2015 ballot, but state officials last week said they were about 30,000 short. ResponsibleOhio has until midnight tomorrow to try to make up for the signature shortfall.

Medical Marijuana

Ohio Attorney General Rejects Medical Marijuana Petition Wording. Attorney General Mike DeWine announced today that he had rejected a petition for the Ohio Medical Cannabis Amendment, saying he had found several defects in the language. Now, the group will have to address those defects, gather another 1,000 initial signatures, and try again.

Washington's King County Will Force Unlicensed Dispensaries to Close. King County Prosecutor Dan Satterberg said Tuesday that dispensaries operating illegally in unincorporated areas of the county will have to shut down soon. He said that he would be serving up lawsuits against 15 collectives in coming days. "Their days as marijuana sellers where they never had a license, and they never paid taxes, those days are over," he said. He added that the businesses had a couple of months to shut down before he goes after them in court.

Drug Policy

New DEA Head Concedes Marijuana Might Not Be As Dangerous as Heroin. DEA Administrator Chuck Rosenberg Tuesday conceded during a conference call that heroin is probably more dangerous than marijuana, but that he was no expert. "If you want me to say that marijuana's not dangerous, I'm not going to say that because I think it is," Rosenberg said. "Do I think it's as dangerous as heroin? Probably not. I'm not an expert." Coming from anyone other than a DEA head, the statement would be considered mealy-mouthed, but it actually marks a break with Rosenberg's hardline predecessor, Michele Leonhart, whose refusal to make the distinction helped contribute to her being forced from the position.

International

Irish Officials Say They Have a "Wide Consensus" for Drug Decriminalization. After a "think tank" on drug problems in Dublin today, Minister of State of the National Drugs Strategy Aodhan O'Riordain said there was a "wide consensus within the room for decriminalization," but there were also "some question marks and some discussion points as to how to get wider society on board with the idea. People in the sector may be convinced, but the terminology and the language is going to be important."

Colombia Coca Farmers Threaten Protests Over Reports Government Might Resume Aerial Spraying. Amid rumors that authorities plan to restart efforts to eradicate coca crops by spraying them with glyphosate, farmers in the north are vowing to fight such plans. "The moment they begin the fumigation, the peasant strike will begin," said a spokesman for the Campesino Association of Catatumbo. With US backing and encouragement, the Colombian government sprayed the herbicide on coca crops for years despite peasant protests that it was causing illness and damaging other crops and livestock. Earlier this year, the government halted the practice after the World Health Organization declared glyphosate a carcinogen. Nearly 2,500 police are being sent to the region in anticipation of protests, even though the interior minister denied any plans to begin spraying anew, saying it was only under discussion.

(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: 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: 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: MO Pot Lifer Wins Commutation, MD Gov Vetoes Drug Reform Bills, DEA Heroin Threat, More (5/26/15)

A second Arizona legalization initiative has been filed, a Missouri marijuana lifer gets a reprieve, Maryland's Republican governor vetoes drug reform bills, the DEA warns of the heroin threat, there's more violence in Latin American drug war zones, and more.

The Show Me Cannabis campaign to free Jeff Mizanskey bears fruit. (twitter.com)
Marijuana Policy

Second Arizona Legalization Initiative Filed. The Campaign to Legalize and Regulate Marijuana last week filed paperwork for a second legalization initiative in the state. The other initiative, filed by the Campaign to Regulate Marijuana Like Alcohol, which is affiliated with the Marijuana Policy Project, handed in its paperwork last month. Both would allow adults to possess up to an ounce of pot and propose a 15% tax, but the new initiative would make possession of more than eight ounces a misdemeanor, while the first one would make it a felony.

Maryland Governor Vetoes Marijuana Reform Bill. Gov. Larry Hogan (R) last Friday vetoed Senate Bill 517, which would have added some housekeeping measures to last year's decriminalization bill. The bill would have decriminalized public pot smoking and possession of pot paraphernalia. Hogan's explanation for the veto was that he is worried police won't be able to do anything about people smoking pot while driving.

Missouri Governor Commutes Sentence of Marijuana Lifer Jeff Mizanskey. Gov. Jay Nixon (D) last Friday commuted the life sentence meted out to 61-year-old Jeff Mizanskey, who had been the subject of a campaign led by Show-Me Cannabis to get him released. Nixon's action doesn't free Mizanskey, but does make him eligible for a parole hearing, after which he could be released.

Medical Marijuana

Pennsylvania Medical Marijuana Bill Appears Blocked in House. A medical marijuana bill, Senate Bill 3, has passed the Senate, but appears to be bottled up in the House after being assigned to the Health Committee, which is headed by medical marijuana foe Rep. Matt Baker (R-Tioga County). He told local media last week he didn't see the bill moving any time soon. Bill supporters are exploring their options, including moving the bill to a different committee, adding it as an amendment to other legislation, and including it in a budget measure.

Heroin

DEA Says Heroin Deaths Highest in a Decade. The number of heroin overdose deaths more than tripled between 2007 and 2013, according to a National Heroin Threat Assessment released last Friday by the DEA. Deaths totaled more than 8,200 in 2013. Meanwhile, the number of heroin users doubled from 161,000 in 2007 to 289,000 in 2013. Still, heroin overdose deaths pale in comparison with those from prescription drugs, with more than 30,000 people dying of prescription drug overdoses in 2013. [Ed: One cause of increased heroin use is the crackdown on prescription drugs, which has led some users to take to the streets.]

Asset Forfeiture

Maryland Governor Vetoes Asset Forfeiture Reform Bill. Gov. Larry Hogan (R) last Friday vetoed Senate Bill 528, which would have required police to establish that a property owner knew the property was connected to a crime, set a minimum amount of $300 for triggering seizures, and forbid police from transferring asset forfeiture cases to the federal government (to get around state asset forfeiture laws). Hogan's given reason for the veto was… heroin. "Maryland is currently facing a heroin epidemic," he said in a veto statement. "The individuals involved in the manufacture and sale of drugs are profiting from the deaths and ruined lives they are creating. The asset forfeiture law helps to ensure that these criminals do not reap any economic benefits from their crimes."

International

FARC Calls Off Ceasefire After Colombian Military Kills 26 Rebels. Colombia's leftist rebels have ended their unilateral ceasefire during protracted peace negotiations with the government after a government air and ground offensive killed 26 FARC fighters last Thursday. But the FARC said it will continue with peace talks. The Colombian military offensive began after the FARC killed 11 soldiers on patrol last month, but the FARC claims the military has been harassing it throughout the peace talks.

Mexican Cops Kill 42 Drug Suspects in "Shoot Out." At least 42 suspected drug cartel members and one federal police officer died last Friday in what authorities described as a fierce, three-hour gunfight between police and drug gang gunmen. The killings took place in Jalisco state, home of the up-and-coming Jalisco New Generation cartel, although authorities did not name the group. While authorities reported a fierce fight, the one-sided death toll is raising eyebrows.

Paris City Council Announces Location of France's First Safe Injection Site. The city council announced Monday that the country's first "drug consumption room" will be located at the city's Lariboisiere Hospital. The site was chosen after the plan for the original site was derailed by neighborhood opposition.

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.

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