Marijuana Policy

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Chronicle AM: Bolivia Defends Coca Law at UN, MA Activists Oppose MJ Law Fix, More... (3/14/17)

Welfare drug testing bills are under consideration in Florida and North Dakota, Massachusetts legalizers warn lawmakers not to mess with the state's voter-approved pot law, Bolivia is set to defend its new coca law, and more.

Bolivian government officials head to Vienna to defend the country's new law expanding legal coca cultivation. (deamuseum.org)
Marijuana Policy

Massachusetts Initiative Campaign Tells Lawmakers to Back Off. The Yes on 4 Committee, the people behind the successful campaign to legalize marijuana in the state, is now urging legislators to back away from meddling with the state's new marijuana law. "The new law requires no fixes," said Yes on 4's Jim Borghesani. The legislative committee charged with "fixing" the law is set to open public hearings on possible revisions of the law next week.

Medical Marijuana

Arkansas Senate Again Rejects Ban on Smoked Medical Marijuana. For the second time in a week, the Senate has rejected Senate Bill 357, which would have banned smoking of medical marijuana. The Senate rejected the bill Monday night on a 15-11 vote and slapped down a later motion to allow it come back for yet another vote by a margin of 11-0.

Drug Testing

Florida Welfare Drug Testing Bill Advances. A bill that would require adults previously convicted of drug offenses to undergo drug screening and possible drug testing before their families could receive welfare payments passed the House Children, Families, and Seniors Subcommittee on Monday. The measure, House Bill 1117, is still before two other committees in the House.

North Dakota Welfare Drug Testing Bill Gets Trashed in Hearing. A welfare drug testing bill that has already passed the House came under sustained attack at a hearing in the Senate Human Services Committee Monday. The measure, House Bill 1308, would require welfare applicants to undergo drug screening and possible drug testing, but various witnesses testified it was not the way to go. One, Mandan small business owner Susan Beehler, said she had been on welfare in "It's a complicated issue, and it's not going to be solved by a pee cup," said Beehler, adding she's seen no hard data proving that drug screenings for TANF would be cost-effective for the state. The committee took no action on the bill.

International

Bolivia Will Defend New Coca Law at UN Meeting This Week. A Bolivian government delegation is headed for Vienna to attend the Commission on Narcotic Drugs (CND) meeting this week to defend its new coca expansion and drug trafficking laws. The European Union has questioned the new coca law, which almost doubles the amount of legal coca cultivation in the country, but President Evo Morales said Bolivia has "all the arguments" it needs to justify the increase.

German Medical Marijuana Cultivation Will Begin in 2019. Germany will begin state-regulated medical marijuana growing operations in 2019, German authorities said. The parliament voted to allow medical marijuana in January, but it will take time to get things up and running. Until then, medical marijuana prescriptions will be filled by imports from Canada and the Netherlands.

Chronicle AM: Conyers Racial Profiling Bill, Competing FL MedMJ Proposals, More... (3/13/17)

The senior member of the House files a racial profiling bill, Colorado lawmakers move to reduce medical marijuana homegrow limits, Kansas lawmakers mess with a medical marijuana bill, Texas lawmakers get a hearing on decriminalization, and more.

CBD cannabis oil (marijuanagames.org)
Marijuana Policy

Texas Decriminalization Bill Gets Hearing Today. The House Criminal Jurisprudence Committee today held a hearing on House Bill 81, which would decriminalize the possession of small amounts of marijuana. Under the bill, offenders would face a ticket and fine rather than jail time and a criminal record. The Sheriff's Association of Texas opposes the bill, arguing that marijuana is "a gateway drug."

Medical Marijuana

Colorado House Gives Preliminary Approval to Cutting Home Grow Plant Limits. The House voted last Friday to give preliminary approval to House Bill 17-1220, which would limit medical marijuana home grows to 16 plants per residence. The current limit is 99 plants. Gov. John Hickenlooper (D) and law enforcement support the bill as a means of reducing diversion. The House must vote on the bill again this week before sending it to the Senate.

Florida Lawmakers Have Six Competing Medical Marijuana Plans to Choose From. Voters approved medical marijuana at the ballot box last November. Now, the legislature is trying to figure out how to implement it. Here's an overview of the six competing plans.

Kansas Senate Committee Approves CBD Cannabis Oil Bill, But Activists Unhappy. The Senate Federal and State Affairs Committee approved a CBD cannabis oil bill last Thursday, but only after gutting the original bill, Senate Bill 155, and replacing it with Senate Bill 151, which would only allow doctors to recommend "non-intoxicating" cannabinoid medications. "This is not the scope of what those who want to see prescriptive authority for medical marijuana want," said Sen. David Haley (D-Kansas City), who sponsored the original bill. Haley said he would attempt to restore the original bill this week.

Race

Conyers Files Federal Racial Profiling Bill. Rep. John Conyers (D-MI), the longest serving member of the House (he's been there since 1965), filed House Resolution 1498 last Friday. The bill calls for "eliminat[ing] racial profiling by law enforcement."

International

Philippines President Creates New "Joint Command" to Wage Bloody Drug War. President Rodrigo Duterte has signed an executive order creating an Interagency Committee on Illegal Drugs (ICAD). The order mobilizes 21 executive agencies to prioritize "high value" targets and go after all levels of the drug trade. Since Duterte took office last year, more than 8,000 people have been killed by police or shadowy vigilante groups. Another 48,000 have been jailed.

The 23 States That Allow Medical Marijuana for PTSD

Post-Traumatic Stress Disorder (PTSD) is not rare. According to the Department of Veterans Affairs, about eight million adults suffer from it in any given year, including tens of thousands of Afghanistan and Iraq veterans. Somewhere between 11% and 20% of those vets will suffer from it each year.

PTSD isn't limited to vets, though -- trauma comes in many forms -- and 7% to 8% of the population will suffer from it at some point in their lives. That figure rises to 10% for women.

Treating PTSD can be tricky, but numerous anecdotal reports and testimonies suggest medical marijuana can be of help. Even the stodgy VA, which tends to see marijuana use among PTSD patients as "cannabis use disorder," and notes that there have been no randomized, controlled clinical trials on the efficacy of marijuana in treating PTSD, concedes that some studies have shown positive results.

The good news for PTSD sufferers is that there are an awful lot of places in the country that have medical marijuana laws authorizing its use for PTSD. More than two dozen states, US territories, and the nation's capital allow its use, and acceptance seems to be accelerating, with seven states -- Arkansas, Florida, North Dakota, Ohio, Illinois, New Jersey and Rhode Island -- joining the list in the past year.

Colorado could be next. Legislation to PTSD to the state's list of qualifying conditions has passed the state Senate and is moving through the House. It could be on the governor's desk by the time you read these words.

Colorado is a marijuana legal state already, so PTSD patients don't have to wait for the law to change there to be able to obtain it. But making PTSD a qualifying condition would mean that patients would then be eligible for an exemption from the state's 10% tax on recreational marijuana, paying only state and local sales taxes.

Here are the 23 states, two territories, and one city that either list PTSD as a qualifying condition for medical marijuana or otherwise allow its use:

  1. Arizona
  2. Arkansas
  3. California
  4. Connecticut
  5. Delaware
  6. Florida
  7. Guam
  8. Hawaii
  9. Illinois
  10. Maine
  11. Maryland
  12. Massachusetts
  13. Michigan
  14. Minnesota
  15. Montana
  16. Nevada
  17. New Jersey
  18. New Mexico
  19. North Dakota
  20. Ohio
  21. Oregon
  22. Pennsylvania
  23. Puerto Rico
  24. Rhode Island
  25. Washington
  26. Washington, DC

Chronicle AM: CO Senate Passes Pot Club Bill, Pentagon Expands Recruit Drug Testing, More... (3/10/17)

The Pentagon adds a bunch of opioids and new synthetics to the drug panel it uses to test new recruits, a Colorado bill to allow social marijuana consumption advances, Canada doesn't take kindly to Marc and Jodie Emery's latest efforts, and more.

DOD is expanding the panel of drugs for which it tests new recruits. (Wikimedia)
Marijuana Policy

Colorado Senate Approves Bill to Allow Marijuana Social Clubs. The state Senate on Thursday voted to approve Senate Bill 184, which would allow local governments to permit BYOB cannabis clubs, as long as the businesses seeking them do not serve alcohol or food beyond light snacks. The bill doesn't specify whether indoor smoking would be allowed, which means a private club with no more than three employees could allow it under state smoking laws. The bill now goes to the House.

Medical Marijuana

West Virginia House Kills Surprise Bid to Reschedule Marijuana. Seeing that medical marijuana legislation was going nowhere in Charleston, Delegate Shawn Fluharty (D-Ohio) attempted to inset an amendment into a routine drug scheduling bill that would have moved marijuana from Schedule I to Schedule IV. The amendment excited several hours of debate, but was ultimately killed on a 35-64 vote. "Why are we so scared of helping people?" Fluharty argued in closing floor debate. "That's exactly what this does."

Asset Forfeiture

New Hampshire House Passes Bill to Close Federal Asset Forfeiture Loophole. The state House voted Thursday to approve House Bill 614, which would bar state law enforcement agencies or prosecutors from agreeing to transfer seized property to the federal government unless that seized property includes more than $100,000 in cash. That would end the loophole through which cops and prosecutors seek to end-run a 2016 law that barred civil forfeiture in most cases. The bill now heads to the Senate.

Drug Testing

Pentagon Announces Expanded Drug Testing of New Recruits. The Defense Department is expanding the drug testing of new recruits to include the same 26-drug panel used for active military members. The change will be effective April 3. Currently, recruits are only tested for four substances -- marijuana, cocaine, amphetamines, and MDMA -- but the new drug test will also look for heroin, codeine, morphine, hydrocodone, oxycodone, hydromorphone, oxymorphone, and a number of synthetic cannabinoids and benzodiazepine sedatives.

International

Canadian Cops Raid Marc and Jodie Emery's Cannabis Culture Stores. Police on Thursday morning raided Cannabis Culture stores in Ottawa, Toronto, and Vancouver, as owners Marc and Jodie Emery awaited bail hearings in Toronto. The well-known marijuana reform couple were arrested Wednesday night at the Toronto airport on their way to a cannabis expo in Spain. Police raided seven Cannabis Culture stores and two residences, Toronto police said. The Emerys have been selling marijuana at the shops without waiting for Canada to actually get around to legalizing it.

Filipino Lawmakers Approve Medical Marijuana. The Philippines House on Wednesday approved a bill to allow for the use of marijuana for medicinal purposes. The move comes as the government of President Rodrigo Duterte wages bloody war on other drug users and sellers. The legislation approved by the House would create a government-issued ID card for patients and designates certain qualifying diseases and conditions, as well as allowing for caregivers and dispensaries.

Attorney General Sessions Won't Rule Out Using Mafia Law to Go After Legal Marijuana

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

On conservative radio talker Hugh Hewitt's program Thursday, Attorney General Jeff Sessions continued to bad mouth marijuana and suggested he might use laws enacted to go after the Mafia against the legal marijuana industry.

"I think it's a more dangerous drug than a lot of people realize. I don#39;t think we're going to be a better community if marijuana is sold in every corner grocery store," the attorney general told Hewitt.

The conservative talker then helpfully suggested that one way Washington could go after legal pot was by bringing racketeering charges against marijuana businesses.

"One RICO prosecution against one marijuana retailer in one state that has so-called legalization ends this façade and this flaunting of the Supremacy Clause. Will you be bringing such a case?" Hewitt asked Sessions.

Sessions didn't exactly jump on the idea, but neither did he reject it.

"We will um… marijuana is against federal law, and that applies in states where they may have repealed their own anti-marijuana laws," Sessions said in response. "So yes, we will enforce law in an appropriate way nationwide. It's not possible for the federal government, of course, to take over everything the local police used to do in a state that's legalized it."

But Hewitt was not done chewing on that bone, asking Sessions if he couldn't just make an example out of somebody.

"I mean, if you want to send that message, you can send it. Do you think you're going to send it?" he asked.

Sessions had to clue in Hewitt about the difficulty of reining in the burgeoning the legal marijuana industry.

"Well, we'll be evaluating how we want to handle that," he said. "I think it's a little more complicated than one RICO case, I've got to tell you. This, places like Colorado, it's just sprung up a lot of different independent entities that are moving marijuana. And it's also being moved interstate, not just in the home state," he added.

Sessions has been a staunch foe of marijuana legalization, and the industry has been on tenterhooks since he was nominated as the nation's highest law enforcement officer. He attempted to soft-shoe his views during his confirmation hearings, suggesting that he wasn't going to aggressively go after the legal pot industry, but his comments with Hewitt may suggest otherwise.

Taken together with a memo on violent crime Sessions sent to federal prosecutors Wednesday in which he hinted at at rolling back Obama Justice Department policies directing federal prosecutors to not always seek the most serious charges in drug cases and to avoid seeking mandatory minimum sentences, his comments to Hewitt Thursday suggest that the Trump administration is about to head resolutely backwards on drug policy in general and marijuana policy in particular.

Listen to the Hewitt interview below:

Chronicle AM: Ominous Sessions Hint on Sentencing, RI AG Anti-Pot Campaign, More... (3/9/17)

Attorney General Sessions hints at a return to tough federal drug sentencing, Rhode Island Attorney General Kilmartin announces a campaign to fend off marijuana legalization, Bolivia's president signs a law nearly doubling legal coca cultivation, and more.

It looks like the new attorney general is going old school with harsher drug sentencing. (senate.gov)
Marijuana Policy

Florida Decriminalization Bills Filed. A pair of Democratic lawmakers has filed identical decriminalization bills in the House and Senate. State Rep Carlos Guillermo Smith (D-Orlando) filed House Bill 1403, while state Sen. Jeff Clemens (D-Lake Worth) filed Senate Bill 1662. The bills would make possession of up to an ounce a civil violation punishable by a fine of no more than $100. Under current Florida law, small time marijuana possession is a misdemeanor punishable by up to a year in jail and a $1,000 fine.

Rhode Island Attorney General Gins Up Anti-Legalization Campaign. State Attorney General Peter Kilmartin (D) launched a campaign against marijuana legalization Thursday. Kilmartin said he was mobilizing lawmakers, business leaders, and others concerned about public health and public safety issues to fight ongoing efforts in the legislature to legalize it. He's joining forces with Smart Approaches to Marijuana, among others.

Heroin and Prescription Opioids

Florida Bills Would Have Dealers Facing Manslaughter Charges for Opioid Overdose Deaths. A pair of Republican state lawmakers has filed identical bills that would allow prosecutors to bring manslaughter charges against people who sold opioids to people who overdosed and died on them. Sen. Gregg Steube (R-Sarasota) filed Senate Bill 150 Tuesday, while Rep. Jim Boyd (R-Bradenton) filed House Bill 477.

Drug Policy

Attorney General Sessions Signals He Could Reverse Obama Policy of Seeking Less Serious Charges in Drug Cases. Sessions sent a memo to federal prosecutors Wednesday calling on them to crack down on violent crime, and in that memo, he hinted at rolling back Obama administration policies directing federal prosecutors to not always seek the most serious charges in drug cases and to avoid seeking mandatory minimum sentences by leaving drug quantities out of charging documents. "I encourage you to employ the full complement of federal law to address the problem of violent crime in your district," Sessions wrote. "Further guidance and support in executing this priority -- including an updated memo on charging for all criminal cases -- will be forthcoming."

International

Bolivian President Signs Law Nearly Doubling Amount of Legal Coca Grown. President Evo Morales, a former coca grower himself, signed into law Wednesday a bill that will increase the amount of coca that can be legally planted from 30,000 acres to 55,000 acres. "We want to guarantee coca supplies for life," he said.

Medical Marijuana Update

A package of implementation bills is moving in Arkansas, Florida Republicans use an implementation bill to try to impose restrictions on the voter-approved medical marijuana law, and more.

Arkansas

Last Thursday, Aa package of "fix" bills were moving. The Senate sent two medical marijuana bills to the governor's desk, while the House passed three more bills and sent them to the Senate. Winning final legislative approval were House Bill 1556, which bars the use of teleconferencing to certify a patient for medical marijuana, and House Bill 1402, which would allow the state to reschedule marijuana if the federal government does it first. Meanwhile, the Senate will now take up House Bill 1580, which imposes a 4% sales tax on cultivation facilities and a 4% sales tax on dispensary sales; House Bill 1436, which sets an expiration date for dispensary licenses, and House Bill 1584, which would led regulators issue temporary dispensary or cultivation licenses when the original owner ceases to be in control of the business.

On Monday, the Senate killed a bill to ban smoking medical marijuana. The Senate voted 15-10 to reject Senate Bill 357, which would have banned smoking medical marijuana. Bill sponsor Sen. Jason Rapert (R-Conway) argued smoking is a public health hazard and that smoking marijuana is a recreational use, not a medicinal one, but his colleagues were not buying his argument.

Florida

On Monday, GOP leaders filed an implementation bill that would ban smoking and edibles. Florida voters overwhelmingly approved a medical marijuana initiative in November, but now Rep. Ray Rodrigues (R-Fort Myers) has filed a medical marijuana regulation bill that would ban people from smoking it or using it in edible form. The measure, House Bill 1397, is not yet available on the legislative website. Rodrigues is a member of the Republican House leadership, and the bill represents the Republican approach to expanding medical marijuana access in the state. "It goes further than the current statute in terms of restricting medical marijuana," says Ben Pollara, the medical marijuana initiative's campaign director "There was unanimous agreement that the new amendment would expand use."

Mississippi

Last Thursday, a bill to let pharmacies dispense CBD cannabis oil went to the governor's desk. The House Thursday approved Senate Bill 2610, which would amend the state's existing CBD cannabis oil law to allow pharmacies to join the University of Mississippi Medical Center in dispensing the medicine. The bill has already passed the Senate and now heads to the desk of Gov. Phil Bryant (R).

Utah

On Wednesday, Ulawmakers passed a medical marijuans study bill, but advocates call it a Trojan horse. The House voted to concur with earlier Senate amendments to House Bill 130 and sent it to the desk of Gov. Gary Herbert (R). The bill allows state universities to study cannabinoid products for their medicinal potential, but doesn't allow for any actual use. Medical marijuana advocates called the bill "a Trojan horse," saying it is merely a delaying tactic.

West Virginia

On Monday, a medical marijuana bill was filed. Sen. Patricia Rucker (R-Jefferson) and 11 cosponsors have filed Senate Bill 386 and companion legislation in the House that would allow for the medical use of marijuana by patients with one of a list of qualifying disorders.

Wisconsin

On Tuesday, the legislature passed a CBD cannabis oil bill. The Assembly voted to approve Senate Bill 10, which would allow for the use of CBD cannabis oil by children suffering seizures. The bill now goes to the desk of Gov. Scott Walker (R), who is expected to sign it.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Chronicle AM: NH House Passes Decrim, FL GOP Files Restrictive MedMJ Bill, More... (3/8/17)

Marijuana policy continues to play out in state legislatures across the land, asset forfeiture reform is moving in Iowa, the Ohio Supreme Court reverses itself on cocaine sentencing, and more.

The bud is keeping state legislatures busy. (Flickr)
Marijuana Policy

Alaska Cannabis Cafes Are Back Under Consideration. The Marijuana Control Board met Tuesday afternoon in Anchorage and agreed to try again to come up with rules for on-site marijuana consumption at businesses. The notion was shot down at the last board meeting, but revived on a 4-1 vote.

Connecticut Legalization Bills Get Hearing. Lawmakers went into the evening hours Tuesday as they engaged in heated debate over several bills before the General Assembly that would legalize marijuana. Click the link to get the flavor of the dewbate.

New Hampshire House of Representatives Overwhelmingly Approves Bill to Decriminalize Marijuana Possession. The House voted 318-36 Wednesday to approve House Bill 640, which would decriminalize the possession of up to an ounce of marijuana. Similar bills have failed in years past, but opposition seems to have largely evaporated this year. The measure now heads to the Senate.

Los Angeles Voters Approved Marijuana Regulation Initiative. Voters in Los Angeles approved Measure M with nearly 80% voting in favor. The measure would allow the city to regulate legal marijuana businesses when the legal recreational commerce comes on line next year.

Medical Marijuana

Florida Bill Would Ban Smoking and Edibles. Florida voters overwhelmingly approved a medical marijuana initiative in November, but now Rep. Ray Rodrigues (R-Fort Myers) has filed a medical marijuana regulation bill that would ban people from smoking it or using it in edible form. The measure, House Bill 1397, is not yet available on the legislative website. Rodrigues is a member of the Republican House leadership, and the bill represents the Republican approach to expanding medical marijuana access in the state. "It goes further than the current statute in terms of restricting medical marijuana," says Ben Pollara, the medical marijuana initiative's campaign director. "There was unanimous agreement that the new amendment would expand use."

Utah Lawmakers Pass Medical Marijuana Study Bill; Advocates Call it a Trojan Horse. The House voted Wednesday to concur with earlier Senate amendments to House Bill 130 and sent it to the desk of Gov. Gary Herbert (R). The bill allows state universities to study cannabinoid products for their medicinal potential, but doesn't allow for any actual use. Medical marijuana advocates called the bill "a Trojan horse," saying it is merely a delaying tactic.

Wisconsin Legislature Passes CBD Bill. The Assembly voted Tuesday night to approve Senate Bill 10, which would allow for the use of CBD cannabis oil by children suffering seizures. The bill now goes to the desk of Gov. Scott Walker (R), who is expected to sign it.

Asset Forfeiture

Iowa Senate Committee Passes Bill Taking on Asset Forfeiture; Closes Federal Loophole. The Senate Judiciary Committee voted Monday to approve Senate File 446, which would severely limit asset forfeiture without a criminal conviction and which would bar prosecutors from doing an end run around state law by passing cases off to the feds. The bill now heads for a Senate floor vote.

Sentencing

Ohio Supreme Court Reverses Itself, Declares Filler Must Be Included in Drug Weights. Two months after ruling that prosecutors must prove the actual amount of pure cocaine possessed -- not inert filler -- to secure longer sentences, the state Supreme Court has done a U-turn. In a ruling Monday, the court sided with prosecutors and held that the total weight of drug plus filler must be used when determining sentences. The reversal comes after two new judges were named to the court earlier this year, and dissenting Justice Bill O'Neill said that was the only thing that changed. "The logic is unassailable. The possession of baby formula, talcum powder, or baking soda does not pose the same risk to the public's health and safety as possession of cocaine does," O'Neill wrote.

Blunting Trump's Mass Deportation Plans With Drug Reform [FEATURE]

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

As President Trump ratchets up the machinery of mass deportation, supporters of a humane, comprehensive approach to immigration are seeking ways to throw sand in its gears. When mass deportation is touted because of the "criminality" of those targeted, one solution is to reduce criminalization, which is not to turn a blind eye to violent or dangerous criminals, but to recognize that we live in an over-criminalized society. That means school kids can now be arrested for behavior that would have sent them to the principal's office in years past (especially if they're a certain color). The US also generates the world's largest prison-industrial complex, and has criminalized tens of millions of people for the offense of simply possessing a certain plant, and millions more for possessing other proscribed substances.

ICE arrests an immigrant in San Jose. (dhs.gov)
While Trump talks about "bad hombres" as he ramps up the immigration crackdown, data shows that the net of criminality used to deport not just undocumented workers, but also legal immigrants and permanent resident aliens, is cast exceedingly wide. It's overwhelmingly not gang members or drug lords who are getting deported, but people whose crimes include crossing the border without papers, as well as traffic and minor drug offenses.

The report Secure Communities and ICE Deportations: A Failed Program , which examined Immigration and Customs Enforcement deportation records, found that the top three "most serious" criminal charges used to deport people and which accounted for roughly half of all deportations were illegal entry, followed by DWI and unspecified traffic violations.

The fourth "most serious" criminal charge used to deport people was simple marijuana possession, with more than 6,000 people being thrown out of the country in fiscal years 2012 and 2013, the years the study covered. Right behind that was simple cocaine possession, accounting for another 6,000 in each of those years. "Other" drug possession charges accounted for nearly 2,500 deportations each of those years.

Nearly 3,000 people a year were deported for selling pot, and more than 4,000 for selling cocaine, but only about 2,000 a year for the more serious offense of drug trafficking, accounting for a mere 1% of all deportations in those years.

ICE raid in Atlanta. (dhs.gov)
This has been going on for years. In the same report, researchers estimated that some 250,000 people had been deported for drug offenses during the Obama administration, accounting for one-fifth of all criminal deportations. Now, the Trump administration gives every indication it intends to be even tougher.

In light of the massive use of drug charges to deport non-citizens, drug reform takes on a whole new aspect. Marijuana decriminalization and legalization may not generally be viewed through the lens of immigrant protection, but they shield millions of people from drug deportation in those states that have enacted such laws. Similarly, efforts to decriminalize drug possession in general are also moves that would protect immigrants.

Now, legislators and activists in vanguard states are adopting prophylactic measures, such as sealing marijuana arrest records, rejiggering the way drug possession cases are handled, and, more fundamentally, moving to decriminalize pot and/or drug possession. In doing so, they are building alliances with other communities, especially those of color, that have been hard hit by the mass criminalization of the war on drugs.

In California, first decriminalization in 2011 and then outright legalization last year removed pot possession from the realm of the criminal, offering protection to hundreds of thousands of immigrants. But the California legalization initiative, Proposition 64, also made the reduction or elimination of marijuana-related criminal penalties retroactive,meaning past convictions for marijuana offenses reduced or eliminated can be reclassified on a criminal record for free. Having old marijuana offenses reduced to infractions or dismissed outright can remove that criminal cause for removal from any California immigrant's record.

Across the county in New York, with a charge led by the state legislature's Black, Puerto Rican, Hispanic and Asian Caucus, the state assembly voted in January to approve AB 2142, which would seal the criminal records of people who had been unjustly arrested for simple possession of marijuana in public view, a charge police used to still bust people for marijuana after it was decriminalized in 1977. Like the Prop 64 provision in California, this measure would protect not only minority community members in general -- who make up 80% of those arrested on the public possession charge -- from the collateral consequences of a drug conviction, but immigrants in particular from being expelled from their homes.

"A marijuana conviction can lead to devastating consequences for immigrants, including detention and deportation," said Alisa Wellek, executive director of the Immigrant Defense Project. "This bill will provide some important protections for green card holders and undocumented New Yorkers targeted by Trump's aggressive deportation agenda."

"Sealing past illegitimate marijuana convictions is not only right, it is most urgent as the country moves toward legalization and immigrant families are put at risk under our new federal administration," said Kassandra Frederique, New York state director for the Drug Policy Alliance. "Comprehensive drug law reform must include legislative and programmatic measures that account for our wrongheaded policies and invest in building healthier and safer communities, from the Bronx to Buffalo, Muslim and Christian, US-born and green card-holding."

Companion legislation in the form of Senate Bill 3809 awaits action in the Senate, but activists are also pushing Gov. Andrew Cuomo to include similar language as part of his decriminalization proposal in state budget legislation, opening another possible path forward.

One-way street? (Creative Commons/Wikimedia)
"In New York State 22,000 people were arrested for marijuana possession in 2016. The misdemeanor charge for public view of marijuana possession gives those people convicted a criminal record that will follow them throughout their lives, potentially limiting their access to education, affecting their ability to obtain employment, leading to a potential inability to provide for their families," said Sen. Jamaal Bailey, author of the Senate bill.

"Furthermore, and even more problematic, there exist significant racial disparities in the manner that marijuana possession policy is enforced. Blacks and Latinos are arrested at higher rates despite the fact that white people use marijuana at higher rates than people of color. Responsible and fair policy is what we need here," Bailey added. "We must act now, with proactive legislation, for the future of many young men and women of our state are at stake here."

Meanwhile, back in California, Assemblywoman Susan Talamantes Eggman (D-Stockton) has reintroduced legislation explicitly designed to shield immigrants from deportation for drug possession charges, as long as they undergo treatment or counseling. Under her bill, Assembly Bill 208, people arrested for simple possession would be able to enroll in a drug treatment for six months to a year before formally entering a guilty plea, and if they successfully completed treatment, the courts would wipe the charges from their records.

The bill would address a discrepancy between state law and federal immigration law. Under state drug diversion programs, defendants are required to first plead guilty before opting for treatment. But although successful completion of treatment sees the charges dropped under state law, the charges still stand under federal law, triggering deportation proceedings even if the person has completed treatment and had charges dismissed.

"For those who want to get treatment and get their life right, we should see that with open arms, not see it as a way of deporting somebody," Eggman said.

Eggman authored a similar bill in 2015 that got all the way through the legislature only to be vetoed by Gov. Jerry Brown, who worried that it eliminated "the most powerful incentive to stay in treatment -- the knowledge that the judgment will be entered for failure to do so."

In the Trump era, the need for such measures has become even more critical, Eggman said.

"It might be a more complex discussion this year, and it's a discussion we should have," she said. "If our laws are meant to treat everyone the same, then why wouldn't we want that opportunity for treatment available to anyone without risk for deportation?"

Reforming drug laws to reduce criminalization benefits all of us, but in the time of Trump, reforming drug laws is also a means of protecting some of our most vulnerable residents from the knock in the night and expulsion from the country they call home.

Chronicle AM: PA Auditor General Calls for Legal MJ, NV Public Consumption Bill, More... (3/7/17)

Pennsylvania Auditor General Eugene DePasquale comes out for marijuana legalization, citing the tax revenue boost; a bill to limit home cultivation in Colorado advances, the Arizona Senate approves a hemp bill, the Arkansas Senate kills a no-smoking medical marijuana bill, and more.

Pennsylvania's auditor general has reefer dollar signs in his eyes as he calls for legalization. (Creative Commons/Wikimedia)
Marijuana Policy

Colorado Bill to Limit Home Cultivation Advances. The House Finance Committee voted Monday to approve House Bill 1220, which would limit home grows to 12 plants. Bill sponsors paint it as an effort to prevent diversion to the illegal market, but medical marijuana patients and advocates testified that it could make it difficult for them to grow enough medicine for their needs.

Nevada Bill to Allow Licenses for Public Events With Pot Consumption Filed. The state's leading pro-marijuana reform politician, Sen. Tick Segerblom (D-Las Vegas) filed Senate Bill 236 Monday. The bill, which is not yet available on the legislative website, would allow local governments to issue licenses for one-off events with public pot consumption, as well as licensing pot shops, bars, or other businesses to allow consumption on-premises. The bill has been referred to the Senate Judiciary Committee.

Pennsylvania Auditor Endorses Marijuana Legalization, Says State Could Earn Millions. Auditor General Eugene DePasquale (D) said Monday he supported marijuana legalization and that the state could generate $200 million a year in tax revenues from it. "The regulation-and-taxation-of-marijuana train has rumbled out of the station across the United States," DePasquale said at a press conference in the state capitol. "The question is whether Pennsylvania is going to miss its stop."

Medical Marijuana

Arkansas Senate Kills Bill to Ban Smoking of Medical Marijuana. The Senate voted 15-10 Monday to reject Senate Bill 357, which would have banned smoking medical marijuana. Bill sponsor Sen. Jason Rapert (R-Conway) argued smoking is a public health hazard and that smoking marijuana is a recreational use, not a medicinal one, but his colleagues were not buying his argument.

Hemp

Arizona Senate Passes Hemp Legalization Bill. The Senate has approved Senate Bill 1337, which would authorize industrial hemp production, processing, manufacture, distribution, and sales. It also includes language saying the state cannot prevent hemp commerce merely on the grounds that it is federally illegal.

Drug Policy

West Virginia Bill Would Create Drug Policy Office, Track Overdoses. A bill that would create an office to track fatal drug overdoses passed the House last week and heads to the Senate. House Bill 2620 would provide a central data collection point to track overdoses and arrests in the state. That information could be compiled and used as supporting data in research and as the state applies for federal grant money to combat the state's drug abuse epidemic. The bill is only one of many filed to deal with the opioid problem in the state. Click on the link for more.

Drug War Issues

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