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Chronicle AM: ME Legalizers Unite, OR Issues Rules for Marijuana Industry, More (10/26/15)

Two competing Maine legalization initiative campaigns will now work together, North Dakota will try again to get a medical marijuana initiative passed, the GAO has questions about National Guard drug war spending, and more.

Marijuana Policy

Maine's Competing Legalization Initiatives Join Forces. The Marijuana Policy Project-backed Campaign to Regulate Marijuana Like Alcohol announced today that it is suspending signature-gathering for its proposed legalization initiative, and will instead be joining forces with the group Legalize Maine, which agreed to have MPP spearheading the campaign to pass the similar initiative they had filed. This should end the threat of a splintered legalization movement losing next year, as well as the opposite-end threat of two legalizing initiatives passing, which would give the state legislature a chance to sort out conflicts between the two. Click on the title link for more details.

Oregon Sets Rules for Marijuana Industry. The state Liquor Control Commission last Thursday approved wide-ranging rules to guide the launch of the state's legal marijuana industry next year. The rules establish a seed-to-sale tracking system, two-tiered licensing for commercial grows, a home delivery system, standards for edibles packaging, a ban on felons working as budtenders, and much more. Click on the link to see it all.

Medical Marijuana

North Dakotans Will Try Another Medical Marijuana Initiative. Medical marijuana supporters intend to submit initiative language tomorrow for an initiative aimed at the 2016 ballot. The initiative would create a full-fledged medical marijuana system, complete with dispensaries. Past legislative and initiative efforts to bring medical marijuana to the state have all failed. The initiative will need signatures from 13,500 registered voters to qualify for the ballot.

Law Enforcement

GAO Says National Guard Drug War Spending Lacks Way to Evaluate Performance. Congress has been funding the National Guard Bureau's counterdrug budget to the tune of more than $200 million a year for the past decade, a new GAO report finds. It also finds that no one knows how effectively that money is being spent. GAO said the National Guard has performance measures, but doesn't use them to evaluate and inform funding levels. "Without collecting and using useful performance information to evaluate state-level programs and oversee the counterdrug schools, DOD and Congress cannot ensure that the counterdrug program is achieving its desired results and is distributing its funding most efficiently," the report says.


Third Jamaican Company Wins Marijuana Cultivation License. Herbal Health Care Ltd. has become the third entity granted permission to grow marijuana. Government officials granted the license last Thursday. "They were granted a permit this morning (Thursday) to cultivate marijuana/ganja for the purpose of research," said Phillip Paulwell, minister of science, technology, energy, and mining. "They do have long-term objectives in terms of commercialization, but they certainly would be awaiting the Cannabis Licensing Authority's regulations to pursue that aspect. What I do know is that they are very keen on doing research on the essential oils and to do value-added products for the export market."

Chronicle AM: OH MJ Init Polls 56%, Meth Prohibition Madness, More (10/13/15)

Marijuana Policy

A new poll suggests these guys could actually pull it off.
Ohio Poll Has ResponsibleOhio Legalization Initiative at 56%. A new Kent State University poll that asked respondents directly about whether they would support the ResponsibleOhio Issue 3 initiative found that 56% would vote for it. But to complicate matters, the poll also found that 54% intended to vote for Issue 2, which would make it more difficult to write monopolies into the state constitution and is aimed directly at thwarting the ResponsibleOhio initiative. If both pass, look for a lengthy court fight to ensue. More poll details and methodology at the link.

Texas Poll Has Support for Legalization at 46%. A new Lyceum survey shows a narrow gap between fans and foes of marijuana legalization. Some 50% were opposed, with 46% in favor. But of the half that were opposed, 57% of them would support decriminalization. Between the two numbers, that's about three-quarters of Texans saying they are ready to liberalize the marijuana laws.


How the Meth Problem Demonstrates Drug Prohibition's Failure. Radley Balko has a long and incisive piece in the Washington Post dissecting how drug prohibition is about the worst way to deal with methamphetamines. It's well worth the read, but here's the bottom line: "Here's one idea that makes too much sense for anyone to seriously consider: Legalize amphetamines for adults. Divert some of the money currently spent on enforcement toward the treatment of addicts. Save the rest. Watch the black markets dry up, and with them the itinerant crime, toxicity and smuggling. Cold and allergy sufferers get relief. Cops can concentrate on other crimes. Pharmacists can go back to being health-care workers, instead of deputized drug cops. Everybody wins, save of course for those who can't bear the prospect of letting adults make their own choices about what they put into their bodies."


British MPs Debate Marijuana Legalization. MP Paul Flynn called marijuana prohibition "a disaster more serious than the prohibition of alcohol in the United States," during Monday's debate on marijuana policy. The debate was the result of a petition signed by more than 220,000 people asking Parliament to take up the issue, and the results are a foregone conclusion given the Conservatives' control of the legislative body. Still, marijuana has now made it to Parliament. Click on the link for more debate details.

Legalizing Marijuana Could Save Britain Hundreds of Millions of Dollars, Leaked Treasury Report Says. Legal weed could increase government revenues by as much as a billion dollars a year, according to a Treasury report leaked over the weekend. The government would gain from taxing marijuana, while creating savings by not having to enforce pot laws. The report was commissioned by the Liberal Democrats when they were junior partners in a coalition government with the Conservatives, and the party would have used it to help shape drug policy had it remained in office. "There are successful cannabis markets emerging in different parts of the world and we should look to learn from those experiences," said Lib Dem health spokesman Norman Lamb.

Chronicle AM: MedMJ Regulation Coming to CA, US Senate Passes Drug War Bill, More (10/12/15)

Legal marijuana moves ahead in Colorado and Washington, medical marijuana will be comprehensively regulated in California, Jerry Brown splits on a pair of immigration drug deportation bills, Mexican opium poppy production is up dramatically, and more.

Finally, a statewide plan for regulating medical marijuana in California (wikimedia.org)
Marijuana Policy

Colorado's August Sales Topped $100 Million. For the first time, the state's monthly marijuana sales exceeded $100 million in August. Recreational marijuana came in at $59.2 million, while medical marijuana sales added another $41.4 million. That's $100.6 million in overall pot sales. The state collected $13 million in pot taxes that month.

Washington State Accepting New Retail Shop License Applications. As of today, the State Liquor and Cannabis Control Board is accepting and processing new applications for retail marijuana operations. Existing medical marijuana dispensaries will now need to be licensed, and will be prioritized in the licensing process.

Medical Marijuana

California Governor Signs Medical Marijuana Regulation Bill Package. Gov. Jerry Brown (D) last Friday signed into law a package of bills designed to bring comprehensive, statewide regulation to the state's thriving medical marijuana industry. The three-bill package will establish "a long-overdue comprehensive regulatory framework for the production, transportation, and sale of medical marijuana," Brown said in his signing statement. "This new structure will make sure patients have access to medical marijuana, while ensuring a robust tracking system," said Brown. "This sends a clear and certain signal to our federal counterparts that California is implementing robust controls not only on paper, but in practice."


California Governor Signs One Bill to Block Immigrant Drug Deportations, But Vetoes Another. Gov. Jerry Brown (D) last Friday signed Assembly Bill 1352, which allows resident non-citizens convicted of a drug offense to seek deferred adjudication and, upon completion, withdrawal of a guilty plea to avoid triggering federal deportation proceedings. But he vetoed Assembly Bill 1351, which would have allowed immigrants to avoid pleading guilty to a drug offense in order to enter drug treatment.

Drug Policy

Senate Passes Transnational Drug Trafficking Act. The US Senate last Thursday approved S. 32, the Transnational Drug Trafficking Act. Sponsored by Sen. Dianne Feinstein (D-CA), the bill would make it a federal crime to manufacture or distribute drugs anywhere in the world if there is "reasonable cause to believe that such substances or chemicals will be unlawfully imported into the United States or waters within 12 miles of the US coast." The bill now goes to the House.


British Lib Dems Set Up Panel on Marijuana Legalization Ahead of Parliamentary Debate Today. As Parliament prepared to debate marijuana legalization today in response to a widely signed citizen petition, the Liberal Democrats announced they were creating an expert panel on the subject. Click on the link for much more.

Chile Will Allow Sale of Medical Marijuana Products in Pharmacies. Chilean Vice Minister of Health Jaime Burrows said last Friday that the country will modify its laws to allow the sale of medical marijuana products in pharmacies. Such sales would be allowed with "the authorization of a specialist, a prescription, and strict controls of stock," he said. A decree enacting the changes is now being reviewed by President Michelle Bachelet.

UN Commission on Human Rights Calls on Mexico to Retire the Army From the Drug War. The UN body said soldiers should retire from the streets and return to their bases because they are not trained to undertake policing work. "This must be propelled by a real sense of urgency," said the commission's Zaid Raad al-Hussein. "This is not something we can afford to wait months for without an end." The Mexican army has come under sustained criticism over human rights abuses in its war on drug trafficking organizations.

DEA Says Mexican Opium Crop Up By 50%. Jack Riley, the acting administrator of the DEA, told a House committee last week that there has been a 50% increase in poppy production in key Mexican opium-producing states this year. He added that most heroin consumed in the US comes from Mexico.

Chronicle AM: MI Forfeiture Reforms Head to Governor, OH Sues Over Toledo Decrim, More (10/7/15)

Toledo's decriminalization is challenged, Florida officials face heat for delays in implementing the state's CBD medical marijuana law, an Illinois panel approves medical marijuana for pain conditions (but will the governor go for it?), and more.

Ohio's attorney general worries that decriminalization could make Toledo a cartel hot-spot.
Marijuana Policy

Ohio Sues Toledo Over Municipal Decriminalization Ordinance. State Attorney General Mike DeWine, joined by the Lucas County prosecutor and sheriff, have sued the city of Toledo in a bid to overturn its decriminalization ordinance. Toledo voters approved the ordinance last month, becoming the first in the state to enact municipal decriminalization. The lawsuit objects to provisions in the ordinance barring police from reporting marijuana crimes to other agencies, making pot trafficking a "negligible" offense, and decriminalizing the possession of small amounts of other drugs. Toledo could become a cartel capital because of the ordinance, DeWine warned: "Absent legal action, it's not hard to imagine international drug rings making Toledo their regional base for operations," he said.

Medical Marijuana

Florida Lawmakers Grumble Over Slow Pace of CBD Medical Marijuana Implementation. At a hearing in Tallahassee Tuesday, lawmakers grilled Health Department representatives over delays in the program. "I mean, it's been almost two years since this bill was passed," said Rep. Greg Stube (R-Sarasota). "And we still don't have any restitution for these children that are trying to get this drug that the legislature recognizes is something needed for the state of Florida," he complained. The department said it was "mindful" of the need to make progress, but still couldn't say when five initial cultivation licenses would actually be issued.

Illinois Panel Approves Medical Marijuana for Chronic and Other Pain. The state's Medical Cannabis Advisory Board voted Wednesday to approve chronic pain, intractable pain, and chronic post-operative pain. The additions must also be approved by Gov. Bruce Rauner (R), who earlier rejected 11 other suggestions for expanding the list of qualifying conditions. The board is also pondering whether to add autism, irritable bowel syndrome, osteoarthritis, and PTSD.

Asset Forfeiture

Michigan Legislature Passes Asset Forfeiture Reform Package. The state Senate Wednesday gave final approval to a seven-bill package that will increase civil asset forfeiture reporting requirements and increase the burden of proof for seizures from "a preponderance" of the evidence to "clear and convincing" evidence the seized items were connected to a crime. The package has already passed the House. Some groups, including the Mackinac Center for Public Policy and the Michigan ACLU, want to see even deeper reforms, including eliminating civil asset forfeiture entirely and requiring a conviction before property can be seized in a criminal proceeding. But this is a start.


Massachusetts Bill Would Block Sending Women to Prison for Drug Treatment. An amendment to a supplemental spending bill would prohibit women from being civilly committed to the Framingham state prison for drug treatment. The bill and its amendments are to be debated tomorrow. It's a move that was recommended by Gov. Charlie Baker's (R) task force on opioid abuse. Baker is looking for $5.8 million in the supplemental budget to pay for women in the prison for drug treatment to be moved to a hospital, most likely Taunton State Hospital.

Chronicle AM: Lynch Reaffirms Obama MJ Stance, Celebs Come Out for Sentencing Reform, More (10/5/15)

Attorney General Loretta Lynch is following the same path on marijuana states as her predecessor, the big California legalization initiative rolls out, Uruguay grants licenses to grow commercial marijuana, there will be no cannabis sales in Berlin (at least for now), and more.

Attorney General Loretta Lynch (justice.gov)
Marijuana Policy

Attorney General Lynch Reaffirms Obama Administration's Approach to Marijuana States. The new attorney general has made clear she is not going off the reservation when it comes to marijuana policy. Former Attorney General Holder crafted the administration's largely hands-off approach, and Lynch has now said she will follow that path. "I think states have to make these decisions on their own," she said in an interview with NBC. "They listen to their citizens and they take actions. What we have said, and what we continue to say is that states have to also have a system designed to, number one, mitigate violence associated with their marijuana industries. And number two, and perhaps most importantly, keep young people, children away from the products."

ReformCA Rolls Out Its California Legalization Initiative. The California Coalition for Cannabis Policy Reform, also known as ReformCA, has filed a draft marijuana legalization initiative with state officials, the group announced Sunday. The long-anticipated move means the campaign best-placed to bring legalization to the Golden State can finally get underway.The Control, Regulate and Tax Cannabis Act of 2016 would allow people 21 and over to possess and cultivate limited amounts of marijuana and it would set up legal marijuana commerce overseen by a pair of new state agencies, the California Cannabis Commission and the Office of Cannabis Regulatory Affairs. Click on the title link to read our feature story.

Oregon Dispensaries Rake in the Bucks from Recreational Sales. Dispensaries, which were allowed to start selling marijuana to any adults October 1, are reporting "gangbuster" business during their opening weekend. One Southeast Portland dispensary reported 600 customers a day, compared to the 30 a day it had been seeing for medical marijuana. A Bend dispensary reported $55,000 in sales on opening day, and a Northeast Portland dispensary was staying open 24-hours-a-day to meet demand.

Medical Marijuana

Illinois' First Medical Marijuana Crop is Coming In. Shine on, harvest moon. The state's medical marijuana cultivation centers spent the weekend harvesting their first legal crop, and some are already preparing their first shipments to patients. The state has had a medical marijuana law in effect since January 2014, but only now is the medicine about to get to patients.

Ohio Attorney General Again Rejects Medical Marijuana Initiative Summary. For the second time, Attorney General Mike DeWine has rejected the summary language for a proposed medical marijuana initiative from Ohio Medical Cannabis Care LLC. DeWine pointed to six defects in the language. The group can resubmit its language once it has addressed them. Click on the link for details on the defects.

Three of Kettle Falls Five Sentenced to Federal Prison. The Kettle Falls Five were a family group of medical marijuana patients pursued by federal prosecutors even though both medical and recreational marijuana are legal in Washington. Last Friday, two were sentenced to a year and a day in federal prison, while a third was sentenced to 33 month. Family patriarch Larry Harvey was also prosecuted, but has died, and a fifth member has already pleaded guilty and been sentenced to 16 months. The three sentenced last Friday are still free while their convictions are being appealed.

Heroin and Prescription Opiates

Massachusetts Senate Passes Bill Aimed at Opiate Abuse. The measure, Senate Bill 2020, is focused on prevention and intervention to curb opiate use. It has provisions regarding pain management, expanded manufacturer drug take-back programs, and insurance changes to make it easier to get coverage for drug treatment. The bill now goes to the House.


A-List Celebs Get Behind Sentencing Reforms, Prison Population Reductions. Amy Schumer, Steph Curry, Ed Norton, Jesse Williams, Chris Pine, Russell Simmons, and Piper Kerman are among 90+ celebrities calling for reform to our criminal justice system. The stars are joining the campaign led by #cut50, a bipartisan effort to reduce our incarcerated population by 50 percent over the next 10 years. The celebrity push comes on the heels of a historic deal on criminal justice reform last week. The bill, spearheaded by Judiciary Committee Chairman Chuck Grassley (R-IA), will involve reductions in mandatory minimum sentences for drug offenses, an expansion of the federal "safety valve" (which allows judges to use their discretion to sentence people below statutory mandatory minimums), and will expand reentry programming and early release. Click on the link for more.


No Cannabis Cafes for Berlin. Plans for Germany's first legal marijuana sales businesses have gone up in smoke after federal regulators rejected plans by Berlin's Kreuzberg-Friedrichschain district to allow them. The Federal Institute on Pharmaceuticals put the kibosh on the plan, but this isn't the end of it. Similar moves are afoot in Hamburg, Bremen, Munster, and Dusseldorf, and Kruezberg-Friedrichschain says it isn't giving up, either.

Uruguay Awards Commercial Marijuana Cultivation Permits. Marijuana should be available for sale at pharmacies in about eight months after Uruguay has now selected two companies to grow it for the country's legal market. It will go for about $1.20 per joint.

Here Comes the Big One: The ReformCA Marijuana Legalization Initiative [FEATURE]

The California Coalition for Cannabis Policy Reform, also known as ReformCA, has filed a draft marijuana legalization initiative with state officials, the group announced Sunday. The long-anticipated move means the campaign best-placed to bring legalization to the Golden State can finally get underway.

The Control, Regulate and Tax Cannabis Act of 2016 would allow people 21 and over to possess and cultivate limited amounts of marijuana and it would set up legal marijuana commerce overseen by a pair of new state agencies, the California Cannabis Commission and the Office of Cannabis Regulatory Affairs.

"We believe this effort has the most statewide input and consensus, and thus the greatest likelihood of succeeding on the 2016 ballot," ReformCA said. "We engaged in extensive discussions with thousands of stakeholders across California, including community leaders, activists, elected officials, city and county employees and locals."

ReformCA also consulted with the California NAACP, the Latino Voters' Leagues, Law Enforcement Against Prohibition, and medical, health care and environmental groups. It took part in lengthy discussions with the Drafting Advisory Group, which includes state and national activist and industry groups, including the Drug Policy Alliance, the Marijuana Policy Project, Americans for Safe Access, the California Cannabis Industry Association, the Greater Los Angeles Collective Alliance, the Emerald Growers Association, New Approach, the Harborside Group, and the Council on Responsible Cannabis Regulation.

"We've filed our proposed initiative language based on the policy priorities and common sense reforms Californians have been asking for for six years now" and the Manatt, Phelp and Phillips Law Firm has created "an elegant policy document," ReformCA said, adding that it was crafted to comport with the guidelines laid down by pro-legalization Lt. Gov. Gavin Newsom's Blue Ribbon Commission on Marijuana Policy and to complement the statewide medical marijuana regulation scheme approved last month by the legislature.

A handful of other legalization initiatives have already been filed, and some are approved for signature gathering, but there isn't much sign that any of them have the bucks or the organization to get the job done. It takes some 365,000 valid voter signatures to qualify for the November 2016 elections, a number that means paid signature gathering at a cost that could run a million dollars or more.

And that's just to get on the ballot. With 38 million residents and some of the country's largest media markets, California is an expensive place to run an initiative advertising campaign -- as in $10 million or $20 million or more.

Let the campaign begin! (reformca.com)
There is money out there, and unlike 2010, when Richard Lee's Proposition 19 came up short, both financially and at the polls, the state's already existing legal (medical) marijuana industry looks to be gearing up to help. Earlier this year, Weedmaps.com contributed $2 million toward the cause, with half going to an initiative campaign committee that will spend it on the initiative it likes best. The other half is going to a PAC that will work to elect pro-legalization candidates. Facebook cofounder Sean Parker, who did support Prop 19, says he will probably invest in a legalization initiative, too.

But if, as expected, both the Drug Policy Alliance and the Marijuana Policy Project get behind the ReformCA initiative -- they were a teensy bit nervous last week -- that should help open the floodgates and pave the way to getting those signatures and making the ballot.

This is a first draft of the initiative, and the campaign is seeking feedback before filing a final version, but only until midnight Pacific Time this Wednesday. Here's what it will do:

  • Personal Use and Cultivation. Legalizes possession of up to an ounce by people 21 and over and allows for personal cultivation of up to 100 square feet and the possession of "the results of lawfully harvested homegrown cannabis."
  • Unlawful Acts. A $100 fine for minors possessing or sharing not more than an ounce with other minors; a $500 fine for adults providing less than an ounce to minors, for minors who possess more than an ounce but less than a pound, for adults who possess more than an ounce, for public consumption, and for smoking up in a moving vehicle; either a misdemeanor or infraction (prosecutor's choice) for possessing more than a pound, selling more than an ounce but less than a pound, growing marijuana beyond 100 square feet without a license or as a minor; a felony for providing pot to minors under 18, distribution to other states, growing on federal or state protected lands, or engaging in violence.
  • Driving. No measuring metabolites. Instead: "A person shall be deemed to be under the influence of cannabis if, as a result of consuming cannabis, his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle or operate a vessel with the caution of a sober person, using ordinary care, under similar circumstances. This standard shall be the sole standard used in determining driving under the influence allegations."
  • Employment. Does not affect employers' ability to fire employees for marijuana use.
  • Medical Marijuana. With limited exceptions, "does not infringe upon the protections granted under the Compassionate Use Act of 1996," grants business licenses to existing, compliant medical marijuana businesses.
  • Regulated Marijuana Commerce. Establishes the California Cannabis Commission and the Office of Cannabis Regulatory Affairs to regulate and rule-make; envisions licenses for cultivation, nursery, manufacturing, distribution, transportation, retail, and testing enterprises.
  • Local Control. Cities and counties can ban marijuana commerce, including retail outlets, but not delivery services, but only by popular vote -- not by executive or legislative action. This means the default position is "no ban."Localities cannot ban personal cultivation.
  • Taxation. Tax on cultivators of $2 per square foot licensed; production tax paid by first purchaser of $15 an ounce ($5 an ounce for first 500 pounds from small producers); 10% retail sales tax -- half to the state and half to the locality.

Remember this is just the draft, but ReformCA is finally out of the gate. California should join the ranks of the legalization states next year, and the Control, Regulate and Tax Cannabis Act of 2016 is the most likely vehicle.

Oakland, CA 95472
United States

Chronicle AM: Needle Exchanges Spread in WVA, Obama Admin Eases Buprenorphine Restrictions, More (9/18/15)

It's looking like Arizona will vote on marijuana legalization next year, the Obama administration eases restrictions on the opiate maintenance drug buprenorphine, needle exchanges expand in West Virginia, and more.

Marijuana Policy

Arizona Legalization Initiative on Track With Signature Gathering. The Marijuana Policy Project-backed Campaign to Regulate Marijuana Like Alcohol said Thursday that it has already gathered 75,000 signatures, putting the group about one-third of the way to its goal of gathering 230,000 by July 2016. The group needs more than 150,000 valid voter signatures to qualify for the November 2016 ballot. A second group, Arizonans for Mindful Regulation wants to put its own initiative on the ballot, but has gathered only about 6,000 signatures so far.

Heroin and Prescription Opiates

Obama Administration Makes Big Announcement Addressing Heroin Epidemic. Health and Human Services Secretary Sylvia Burrell said Thursday that her agency would rewrite regulations to make it easier for doctors to treat opiate addiction with buprenorphine in a bid to get a handle on opiate abuse and addiction. "We need to lift people out of opioid-use disorder through medication-assisted treatment," Burwell said. "This epidemic is multifaceted, and we need to respond with the best solutions that medicine and behavioral therapy can provide together, so we need to increase the use of buprenorphine, which can help us treat opioid use disorder when combined with psycho-social support."

Ohio Bill Would Require Insurers to Cover Tamper-Resistant Drugs. A bipartisan pair of legislators have introduced a bill that would require insurance companies to provide coverage for tamper-resistant drugs that are more difficult to abuse. Reps. Robert Schrager (R-Findlay) and Nickie Antonion (D-Cleveland) said the measure is necessary because the long-term cost of opiate abuse in the state will cost the state millions of dollars. The bill has not yet appeared on the state legislative website.

Harm Reduction

West Virginia County to Begin Needle Exchange Program. Harrison County plans to move forward with a needle exchange/harm reduction program after hearing of the success of a similar program in Morgantown. The Morgantown exchange began in 2013, when 34 local residents tested positive for Hepatitis C. There have been 118 Hep C infections in Harrison County this year. It is a regional problem -- West Virginia and Kentucky have the highest Hep C infection rates in the country, many of them tied to intravenous drug use.

Chronicle AM: CO Pot Tax Holiday, Toledo Decriminalizes, So Does South Palm Beach (Sort Of), More (9/16/15)

Marijuana, marijuana, marijuana. It's almost all pot news today, from Colorado taxes to decrim in Toledo and South Palm Beach, to a new federal bill aimed at ending DEA funding of marijuana eradication, and more.

Marijuana Policy

Congressmen Introduce Bipartisan Bill to Eliminate DEA Marijuana Eradication Program. US Reps. Ted Lieu (D-CA) and Justin Amash (R-MI) today filed a bill that would end the DEA's Domestic Cannabis Eradication/Suppression Program. That program funds state and local law enforcement efforts to find and destroy marijuana grow sites. The bill would bar the use of such funds for that purpose. It's not yet available on the congressional website.

Colorado Becomes First State to See Marijuana Tax Revenues Exceed Alcohol Tax Revenues. In the past fiscal year, the state took in $70 million in marijuana taxes, far above the $42 million it got from taxes on alcohol.

Colorado Pot Tax Holiday Today. Because of a quirk in state law, the state must suspend collecting marijuana taxes today. The state underestimated total state tax collections in 2014, which results in the automatic suspension of "new" taxes, such as those imposed on marijuana under legalization there. Pot shops expect big crowds. The taxes return tomorrow.

Toledo Decriminalization Measure Passes Overwhelmingly. Voters approved the Sensible Toledo decriminalization ordinance by a margin of more than two to one. The ordinance would eliminate jail time and fines for possession of up to 200 grams of marijuana. Current municipal ordinances make possession of up to 100 grams a misdemeanor punishable by a fine and possession of up to 200 grams a misdemeanor punishable by up to 30 days in jail. Under Ohio state law, possession of up to 100 grams is decriminalized.

West Palm Beach Approves Ordinance Giving Police Possession Ticket Option.The city council Tuesday night approved an ordinance giving police the option of issuing $100 fines instead of misdemeanor charges against people caught with 20 grams or less of weed. The move is part of a South Florida trend toward de facto decriminalization.

Medical Marijuana

Iowa Activists Use Primary Attention to Pressure Candidates. The advocacy group Iowans 4 Medical Cannabis is taking advantage of the state's early presidential primary and the attention it generates to pressure presidential candidates to stand up for medical marijuana. The group has developed a questionnaire it plans to deliver to all the candidates. "Moms and dads across America want to know what presidential candidates are proposing to help the sick and suffering obtain medical cannabis, a proven plant that is made by God," said Maria La France, a Des Moines mother whose 14-year-old son Quincy has epilepsy.


In India's Punjab, Half of All Prisoners Are Drug Offenders. Of the 26,000 inmates behind bars in Punjab, 47% have either been convicted or are awaiting trial under the country's Narcotic Drugs and Psychotropic Substances Act. The crush of drug inmates is overwhelming jails in the state, which have an official capacity of 19,000. Many of the drug inmates are considered "addicts," and many of the state prisons have become "de-addiction centers."

Chronicle AM: CA on Verge of Regulating MedMJ, Federal No Mandatory Minimums Drug Bill Filed, More (9/11/15)

Nearly 20 years after the passage of Prop 215, California may finally get statewide medical marijuana regulation; the Illinois governor's veto pen has an impact, but also gets blunted; there's a new report on drug policy and human rights in Latin America, and more.

Rep. Maxine Waters (D-CA) has filed a bill to end mandatory minimum sentences for drug offenses. (house.gov)
Marijuana Policy

Illinois Decriminalization Bill Dies… For Now. The bill, House Bill 218, passed out of the legislature, only to be the subject of an amendatory veto by Gov. Bruce Rauner (R), in which he made several changes to the text of the bill. Now, the clock has run out on the legislature approving that language, but a new bill is expected to emerge and the state could still pass decriminalization this year.

Medical Marijuana

California Legislators Set to Pass Historic Medical Marijuana Regulation Package. Before day's end, the legislature is expected to approve bills that would finally bring statewide regulation to the thriving industry. The bills, Assembly Bill 266 and Senate Bill 643, are to be amended and passed today and then signed by Gov. Jerry Brown (D). Passage should create a full-fledged, highly regulated system with licensing for all stages of cultivation, production, distribution, and sales.

Illinois Governor Vetoes Medical Marijuana for PTSD. Gov. Bruce Rauner (R) Thursday vetoed a measure that would have allowed people with Post-Traumatic Stress Disorder to qualify for medical marijuana. His administration also refused to expand access to medical marijuana for 10 other ailments. The Illinois Medical Cannabis Advisory Board had recommended adding the 11 conditions, but Rauner killed PTSD and the Department of Public Health killed the rest. Rauner said expanding the program was premature.

Heroin and Prescription Opiates

Senators Call for Review of FDA Decision on Oxycontin for Kids. A bipartisan group of senators have asked the Senate Health, Education, Labor, and Pensions Committee to investigate the Food and Drug Administration's August decision to approve the use of the powerful pain reliever in pediatric patients. The senators called the FDA move "a step in the wrong direction" in the face of growing levels of opiate dependency and abuse.

Illinois Legislature Overrides Veto of Heroin Treatment Funding. The state Senate Wednesday voted 44-11 to override Gov. Bruce Rauner's (R) veto of portions of an omnibus heroin bill that would have mandated Medicaid paying for drug treatment for heroin users. The state House had already voted to override, so now the whole range of House Bill 1 will go into effect.

Asset Forfeiture

California Legislature Kills Asset Forfeiture Reform Bill. Under heavy lobbying pressure from law enforcement, the state Assembly Wednesday killed Senate Bill 443, which would have reformed civil asset forfeiture in the state. The bill had enjoyed bipartisan support and nearly unanimous votes prior to the final Assembly vote. But there is still a chance the bill will be reconsidered and passed today, the last day of the session. Stay tuned.


Senator Kelly Ayotte Introduces Bill to Increase Fentanyl Trafficking Sentences. Sen. Ayotte (R-NH) Thursday filed S. 2027 to increase penalties for the synthetic opioid. There are no particulars on the bill available yet.

Rep. Maxine Waters Introduces Bill to End Mandatory Minimums for Drug Offenses. Rep. Waters (D-CA) Thursday filed H.R. 3489, "to eliminate mandatory minimum sentences for all drug offenses." There are no particulars on the bill available yet.


New Report Examines Drug Policy and Human Rights in Latin America. The Argentine Center for Legal and Social Studies (CELS) has released a new report, The Impact of Drug Policy on Human Rights: The Experience of the Americas, covering a wide range of issues, from long prison sentences for minor drug offenses to the way harsh drug policies run counter to international human rights standards. The report also highlights how such policies have a disproportionate effect on the poor, minorities, and other vulnerable members of society.

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

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