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Trump Threatens to Defy Congress to Go After Medical Marijuana

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

Congress moved to protect medical marijuana by including in its stopgap federal spending bill a provision barring the Justice Department from using federal funds to go after the drug in states where medical marijuana is legal, but now, President Trump says that doesn't matter.

The president wants to ignore the will of Congress when it comes to funding for medical marijuana enforcement. (Gage Skidmore)
Even though Trump signed the spending bill into law last Friday, he included a signing statement objecting to numerous provisions in the bill -- including the ban on funds to block the implementation of medical marijuana laws in those states.

Despite those state laws, marijuana remains illegal under federal law, which also does not recognize "medical marijuana."

The president said he reserved the right to ignore that provision and left open the possibility the Trump administration could go after the 29 states, the District of Columbia, and the territories of Guam and Puerto Rico where medical marijuana use is allowed.

"Division B, section 537 provides that the Department of Justice may not use any funds to prevent implementation of medical marijuana laws by various States and territories," Trump noted in the signing statement. "I will treat this provision consistently with my constitutional responsibility to take care that the laws be faithfully executed."

The language suggests that Trump could give Attorney General Jeff Sessions his go ahead when it comes to enforcing marijuana policy. Sessions has vowed to crack down on marijuana and has scoffed at arguments for its medical use as "desperate."

"I reject the idea that we're going to be better placed if we have more marijuana," Sessions told law enforcement officials in an April speech. "It's not a healthy substance, particularly for young people."

But the language also sets up a potential power struggle with Congress, which, under the Constitution, has the sole power to appropriate funds for federal government operations.

As Steve Bell, a senior adviser at the Bipartisan Policy Center in Washington told Bloomberg News, the signing statement signals a desire to usurp power from Congress.

"It is the constitutional prerogative of the Congress to spend money and to put limitations on spending," said Bell, a former staff director of the Senate Budget Committee and an aide to former Republican Senator Pete Domenici of New Mexico. "This is an extremely broad assertion of executive branch power over the purse."

Rep. Dana Rohrabacher (R-CA), a primary sponsor of the rider who is also a Trump supporter, threatened to take the matter to the Supreme Court if necessary to protect medical marijuana.

Medical marijuana providers in states where it is legal thought they had some protection, thanks to the congressional budget action, but in typical Trumpian fashion, the president's signing statement has once again introduced doubt and uncertainty, leaving at risk not only patients and providers, but also traditional limits on executive authority.

Chronicle AM: Trump Budget Slashes ONDCP, ACHA Leaves Millions Without Treatment, More... (5/5/17)

The Trump administration wants to slash funding for the drug czar's office by 95%, the American Health Care Act approved in the House Thursday would leave millions without access to drug treatment, and more.

ONDCP faces massive cuts under the Trump budget. But it's early.
Marijuana Policy

Michigan 2018 Legalization Campaign Gets Underway. Backers of a proposed initiative to legalize pot next year launched their campaign on Friday. The initiative is backed by in-state activists and the Marijuana Policy Project, and needs 252, 000 valid voter signatures to qualify for the November 2018 ballot. A similar effort in 2016 came up short after state officials moved to tighten timelines for signature-gathering.

Medical Marijuana

Florida Senate Approves Amended House Medical Marijuana Bill. The Senate on Thursday gave its okay to a heavily-amended House Bill 1397, sending the measure back to the House for final approval. Senate bill sponsor Sen. Rob Bradley (R-Fleming) offered and the Senate approved a "delete all" amendment basically replacing the House text. Among the changes: limiting growers to five retail facilities, allowing the Health Department to grant 10 new licenses this year, and a provision to add five more licenses for every 75,000 patients. The legislative session ends on Monday, so the House must act quickly.

Drug Policy

White House Proposes Massive Cut in Drug Czar's Office Funding. The Trump administration's Office of Management and Budget has released a document that calls for a 95% cut in funding for the Office of National Drug Control Policy (ONDCP -- the drug czar's office). Under the proposal, funding would be slashed from $388 million to $24 million, with up to 33 employees laid off. The budget would also eliminate grants for programs including the High Intensity Drug Trafficking Areas program and the Drug-Free Communities Support program. The OMB says the budget document is preliminary, not final.

Drug Treatment

House Passes Health Care Reform Bill That Would End Access to Treatment for Millions. The House passed the American Health Care Act (ACHA) on Thursday, placing addiction treatment opportunities for millions at risk. As the Drug Policy Alliance noted, "millions of people would lose treatment coverage under this bill and efforts to end the opioid crisis will be put in grave jeopardy." As a result, the advocacy group warned, "people struggling with problematic substance use could relapse to riskier opioid and other drug use behaviors that increase risk for developing costly medical conditions, contracting and transmitting blood-borne disease, and experiencing life-threating overdose." The bill now goes to the Senate.

International

UN Investigator on Executions Rebukes Philippines Over Drug War Killings. United Nations special rapporteur on extrajudicial, summary, and arbitrary executions rebuked the government of President Rodrigo Duterte on Friday, saying world leaders have recognized that a bloody-handed approach doesn't work, can compound social problems, and "can foster a regime of impunity infecting the whole justice sector and reaching into whole societies, invigorating the rule of violence rather than law." Some 7,000 to 9,000 people have been killed in Duterte's drug war since he took office last year.

Chronicle AM: DEA Wants Prosecutor Corps, ME Gov Wants ODers to Pay for Naloxone, More... (5/4/17)

The DEA proposes its own corps of prosecutors to go after opioids, Maine's governor wants to force repeat overdosers to pay for the naloxone they use, and more.

Medical Marijuana

Colorado Legislature Approves Adding PTSD as Qualifying Condition. A bill to "Allow Medical Marijuana Use for Stress Disorders," Senate Bill 17, was sent to the governor's desk on Monday after the Senate last week approved a final concurrence vote to amendments accepted in the House. Gov. John Hickenlooper (D) is expected to sign it.

New York Assembly Approves PTSD as Qualifying Condition. The Assembly voted overwhelmingly on Tuesday to approve Assembly Bill 7006, sponsored by Health Committee Chairman Dick Gottfried (D-Manhattan), which would add PTSD to the state's list of qualifying conditions for medical marijuana. The bill now heads to the Senate.

Harm Reduction

Maine Governor Wants Repeat Overdosers to Pay for Naloxone Used to Revive Them. Gov. Paul LePage (R) has submitted a bill, Legislative Document 1558, that would require Maine communities to recover the cost of naloxone from repeat users and fine them $1,000 per incident if they don't go after the money. But doctors and advocates said the bill would make it harder to stop the state's wave of drug overdoses. Le Page is no friend of naloxone, saying it "does not truly save lives; it merely extends them until the next overdose." He has twice vetoed naloxone bills, only to see them overridden both times.

Law Enforcement

DEA Wants Own Prosecutor Corps to Go After Opioids. In a little-noticed proposal published in the Federal Register in March, the DEA said it wants to hire as many as 20 prosecutors to help it enhance its resources and target large offenders. The new prosecutor corps "would be permitted to represent the United States in criminal and civil proceedings before the courts and apply for various legal orders." Funding for the program would come from drug manufacturers regulated by the DEA. If approved, the move would mark the first time the DEA had its own dedicated prosecutors to go after drug offenses. But critics say the plan "exceeds DEA's authority under federal law" because it would require funding from the drug diversion registration program. "In this notice, the DEA effectively proposes a power grab and is trying to end-run the congressional appropriations process," said Michael Collins, deputy director at the Drug Policy Alliance.

Congress Will Give the DOJ Exactly Zero Dollars to Go After Medical Marijuana

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

The bipartisan congressional budget agreement to keep the federal government operating through September contains exactly no money for the Justice Department to wage war on medical marijuana in states where it is legal. The agreement reached Sunday instead explicitly bars the use of federal funds to go after medical marijuana.

You're safe -- sort of -- at least until September. (Sandra Yruel/Drug Policy Alliance)
And it sends a strong message to Attorney General Jeff Sessions, an avowed foe of marijuana and loosening marijuana laws, who told reporters in a February Justice Department briefing that while states "can pass the laws they choose," it remains "a violation of federal law to distribute marijuana throughout any place in the United States, whether a state legalizes it or not."

The budget agreement eliminated funding for medical marijuana enforcement by adopting the language of an amendment that has been successfully used since 2014 to keep the feds out of medical marijuana states. Known originally as the Hinchey-Rohrabacher amendment and now as the Farr-Rohrabacher amendment, the measure bars the Justice Department from spending money to prevent states from "implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana."

The budget language lists the states that have medical marijuana laws, but curiously enough, does not include Indiana and North Dakota, both of which recently adopted medical marijuana laws. At this point, the omission is considered an error, not evidence of malign intent toward those two states.

It should be noted that the budget move does not necessarily mean medical marijuana operators are now free and clear of potential federal attention. Federal prosecutors could attempt to go after such operations by arguing that they are somehow not in compliance with state laws.

Still, the move was greeted with studied approval by medical marijuana supporters, who are now calling for marijuana to be removed from the Controlled Substances Act.

"Medical marijuana patients and the businesses that support them now have a measure of certainty," said Oregon US Rep. Earl Blumenauer (D-OR), a founding member of the Congressional Cannabis Caucus. "But this annual challenge must end. We need permanent protections for state-legal medical marijuana programs, as well as adult-use."

It is time to "amend federal law in a manner that comports with the available science, public opinion, and with America's rapidly changing cultural and legal landscape," agreed Justin Strekal, political director of the National Organization for the Reform of Marijuana Laws (NORML).

The best way to do that, Strekal said, is "removing cannabis from the Controlled Substances Act so that states possess the flexibility to engage in their own marijuana regulatory policies how best they see fit."

Adding restrictive amendments to the Justice Department budget bill has served in recent years to block the feds from interfering in medical marijuana states, but is only a stopgap measure. The amendments have to be renewed each fiscal year, and there is always a chance they could fail. That's why activists and the industry want the certainty that would be provided by either changing the federal marijuana laws or by making the funding ban permanent.

"Medical cannabis patients in the US can rest easy knowing they won't have to return to the black market to acquire their medicine," said Jeffrey Zucker of the marijuana business strategy firm Green Lion Partners. "Operators can relax a bit knowing their hard work isn't for naught and their employees' jobs are safe."

But only until September -- and that's why it's not quite time to get comfortable, he said.

"While this is great as a continuing step, it's important for activists and the industry to remain vigilant and getting cannabis federally unscheduled and truly ending the prohibition of this medicinal plant," Zucker said.

In the meantime, medical marijuana is protected in the 29 states where it is legal. But adult-use legal marijuana, legal in eight states, is not under the purview of the budget agreement and is still theoretically at risk from a Sessions Justice Department.

But even Sessions, a fire-breathing foe of the weed, increasingly seems disinclined to make good on earlier vows to go after legal pot. Like Donald Trump discovering that health care reform is "complicated," Jeff Sessions is apparently coming to understand, as he reportedly told Colorado Governor John Hickenlooper's chief of staff last week, that the Obama administration's toleration of state-legal marijuana legalization under specified conditions is "not too far from good policy."

Washington, DC
United States

Medical Marijuana Update

Congress refuses to fund anti-marijuana federal enforcement efforts in medical marijuana states, Arkansas and Florida continue grappling with establishing regulations for their new programs, California rolls out its medical marijuana regulations, and more.

National

On Sunday, Congress rolled out an interim budget with no funding for medical marijuana enforcement. The budget bill crafted by Congress to keep the federal government working in the short term includes the Farr-Rohrabacher amendment language barring the spending of federal dollars to enforce federal pot prohibition in states that have legalized medical marijuana. The language is only good through September, though.

On Monday, a federal CBD bill was filed. US Rep. Scott Perry (R-PA) on Monday filed House Resolution 2273, which would amend the Controlled Substances Act to exclude cannabidiol (CBD) and CBD-rich plants from the definition of marijuana. It's been referred to the House Judiciary, Financial Services, and Energy and Commerce committees.

Arkansas

Last Thursday, Arkansas regulators gave final approval for proposed medical marijuana rules. The state's Board of Health gave final approval for rules governing who gets to grow and sell medical marijuana. But the rules must still survive a review by lawmakers, which will study them in a special session that began on Monday. The Arkansas Medical Marijuana Amendment requires the rules to be in place by May 8, or the state will be violating the state constitution.

California

Last Friday, the state issued medical marijuana regulation draft rules. A trio of state agencies released 114 pages of draft rules designed to regulate the state's massive medical marijuana industry. Now there is a 45-day public comment period before the rules become law. Click on the link for more details.

Florida

Last Friday, Florida legislators edged closer toward agreement on medical marijuana regulations. The House modified its medical marijuana regulation bill, House Bill 1397, to make it more palatable to patients and the state Senate. The bill was amended to do away with a 90-day waiting requirement for and to allow the use of vaporizing and edibles. The House also backed away from requiring doctors to recertify patients every three months. But the House and Senate remain divided on how many operations should be added to the state's seven "dispensing organization," with Senate Bill 406 added five licenses, while the House bill only adds one. Legislators have only until Friday to get it done; the session ends then.

On Tuesday, the House passed the medical marijuana regulation bill. The House approved a medical marijuana regulation measure, House Bill 1397, after altering several provisions opposed by patients and the industry. The measure removes the ban on using low-THC marijuana products in public, increases the number of dispensaries to 17 statewide, and allows patients to only have to see a doctor once every seven months to get renewed. The bill now goes to the Senate.

Vermont

Last Thursday, a medical marijuana expansion bill won a committee vote. The House Human Services Committee approved a medical marijuana expansion bill, Senate Bill 16, which adds Crohn's disease, Parkinson's disease, and PTSD to the list of qualifying condition. The bill has already passed the Senate and now awaits a House floor vote, but differences between what the Senate approved and what the House approved mean a conference committee is likely necessary to reconcile the two measures.

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

Chronicle AM: NH Decrim Bill Advances, VT Legalization Bill Passes House, More... (5/3/17)

The long slog toward marijuana law reform continues in New Hampshire and Vermont, a Maine bill would ban kratom, Tom Marino is reportedly out as drug czar, and more.

Maine could join the handful of states that have banned kratom. (Project CBD)
Marijuana Policy

New Hampshire Decriminalization Bill Advances. After years of rejecting marijuana law reforms, the state Senate is advancing a decriminalization bill. The Senate Judiciary Committee on Tuesday approved House Bill 640 on a 3-2 vote. The bill would decriminalize the possession of up to three-quarters of an ounce of weed. The bill has already passed the House, but the House version decriminalized up to an ounce.

Oregon Bill to Protect Workers Who Use Marijuana Dies. A bill that would have ended workplace marijuana drug testing has died in the Senate after backers conceded they did not have the votes to pass it. Senate Bill 301 would have required employers from testing workers for any drug that is legal in the state, as long as it was consumed outside of work hours and didn't interfere with the workers' duties. The bill was opposed by business groups.

Vermont House Passes Legalization Bill, But… The House on Tuesday approved a bill to legalize the possession of up to an ounce of marijuana -- though not its sale -- but the bill is not expected to advance further this year. House Bill 170 passed on a 74-68 vote, but only after fending off attempts to send it back to committee and to weaken it. The bill also allows for the cultivation of two mature or four immature plants. The Senate has passed its own, more far-reaching legalization bill, which includes tax and regulate, but an amendment that would have brought the House bill in line with the Senate bill was defeated 42-99. The legislative session ends Saturday, and it is not expected that a compromise can be reached by then, but lawmakers can consider bills passed this session next year during the second half of the legislative biennium.

Kratom

Maine Bill Would Ban Kratom. A bill that would make kratom a controlled substance in the same schedule as cocaine, methamphetamine, and heroin has been filed in the state legislature. Senate Bill1546 was introduced last week and is now before the Joint Criminal Justice and Public Safety Committee.

Asset Forfeiture

Colorado Lawmakers Back With New Asset Forfeiture Bill. Senate Republicans killed a civil asset forfeiture reform bill earlier this session, but now a bipartisan group of lawmakers are back with a new bill, House Bill 1313, which has been modified to address the concerns of law enforcement and prosecutors, who opposed the earlier bill. The new bill cuts in half the $100,000 threshold that barred local law enforcement from partnering with the feds in order to get the bulk of seized goods. It also imposes reporting requirements on seizures. The bill won preliminary approval in the House on Tuesday.

Drug Policy

Donald Trump Will NOT Name Tom Marino Drug Czar. According to news reports, President Donald Trump will not be nominating Rep. Tom Marino (R-PA) to be director of the Office of National Drug Control Policy (colloquially referred to as the "drug czar"). His nomination was opposed by the Drug Policy Alliance, which launched a campaign to prevent Marino from being nominated. Marino's nomination seemed all but certain just a few weeks ago but a flurry of news stories on his extremist views, like turning hospitals into prisons, and using his power as prosecutor to help his friends, no doubt put pressure on the administration to go in a different direction.

Chronicle AM: No Fed $$$ for Anti-MedMJ, MA Docs Call for Safe Injection Sites, More... (5/2/17)

Congress won't fund federal medical marijuana enforcement in states where it's legal, the Massachusetts Medical Society calls for a pilot safe injection site, a Wisconsin federal judge throws out that state's "cocaine mom" law, and more.

Chris Christie is back to attacking marijuana legalization. (Creative Commons/Wikimedia/Gage Skidmore)
Marijuana Policy

Chris Christie Accuses Democrats of Wanting to "Poison Our Kids" With Pot to Raise Tax Revenues. New Jersey Gov. Chris Christie (R) on Monday criticized efforts to legalize marijuana and claimed Democrats were willing to "poison our kids" to get marijuana tax revenues. A reference to a recent report saying the state could earn $300 million in pot taxes set him off. "This is the part that liberals love the most: We can tax it. Sweet Jesus, we can tax it! More money for us!" Christie exclaime. "I can say this now because I'm not running for anything again: $300 million is nothing. We have a $35.5 billion budget; $300 million is a rounding error. I'm sorry. It's true. Think about it, that's 1 percent, less than 1 percent, of the entire state budget for a year. And we're going to poison our kids for 1 percent more money that they can spend on some God awful, stupid program that they can put in the mailer and send out and say, 'I delivered $300 million more for this.'" There's more, too; just click on the link.

Medical Marijuana

Congress Rolls Out Interim Budget With No Funding for Medical Marijuana Enforcement. The budget bill crafted by Congress to keep the federal government working in the short term includes the Farr-Rohrabacher amendment language barring the spending of federal dollars to enforce federal pot prohibition in states that have legalized medical marijuana. The language is only good through September, though.

Federal CBD Bill Filed. US Rep. Scott Perry (R-PA) on Monday filed House Resolution 2273, which would amend the Controlled Substances Act to exclude cannabidiol (CBD) and CBD-rich plants from the definition of marijuana. It's been referred to the House Judiciary, Financial Services, and Energy and Commerce committees.

Florida House Passes Medical Marijuana Implementing Bill. The House on Tuesday approved a medical marijuana regulation measure, House Bill 1397, after altering several provisions opposed by patients and the industry. The measure removes the ban on using low-THC marijuana products in public, increases the number of dispensaries to 17 statewide, and allows patients to only have to see a doctor once every seven months to get renewed. The bill now goes to the Senate.

Heroin and Prescription Opioids

Baltimore Cops Begin Investigating Overdoses in Bid to Nail Dealers. A task force of five Baltimore police detectives have begun investigating drug overdoses in an effort to build criminal cases against drug dealers. But with 800 fatal overdoses in the city las year, five detectives may not be able to keep up. The state lacks a law allowing prosecutors to charge dealers in the death of an overdose victim, but prosecutors say there exists "a wide range" of ways they can bring related charges.

Harm Reduction

Massachusetts Docs Call for Supervised Drug Consumption Sites. The Massachusetts Medical Society has endorsed lobbying state and federal policymakers to allow the state to begin a safe injection site pilot program. At the group's annual meeting last Saturday, the membership adopted a policy calling for "a pilot supervised injection facility program in the state, to be under the direction and oversight of the state" as well as wider use of naloxone and more treatment for substance use disorder. The policy calls for the organization to lobby for a federal exemption and state legislation to allow such a facility.

Law Enforcement

Federal Judge Blocks Wisconsin "Cocaine Mom" Law. A US district court judge in Madison ruled last Friday that the state's "cocaine mom" law, which allows the state to detain a pregnant woman suspected of drug or alcohol abuse, is so vague as to be unconstitutional. The law is "void for vagueness," Judge James Peterson held. "Erratic enforcement, driven by the stigma attached to drug and alcohol use by expectant mothers, is all but ensured." The law allowed the state to treat fetuses like children in need of protection if the "expectant mother habitually lacks self-control in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree, to the extent that there is a substantial risk that the physical health of the unborn child, and of the child when born, will be seriously affected or endangered." But Peterson ruled that such terminology is not "amenable to reasonably precise interpretation."

International

Uruguay Begins Registering Users to Buy Pot in Pharmacies. The first country to legalize marijuana took another step toward implementing that decision on Tuesday as it opened a registry for people who wish to buy marijuana from pharmacies beginning in July. All potential pharmacy pot customers must register before availing themselves of the service. Pot will go for about $1.30 a gram, with each user limited to 10 grams per week.

Chronicle AM: Trump Invites Drug War Criminal Duterte to WH, Mexico Okays MedMJ, More... (5/1/17)

President Trump is buddying up to Filipino President Duterte despite an ever-rising death toll from his drug war, Mexico okays medical marijuana, the Vermont legalization bill is still alive -- but just barely -- and more.

Philippines President Rodrigo Duterte wins apparent kudos from Trump for his deadly drug war. (Creative Commons/Wikimedia)
Marijuana Policy

Justice Department Says People in Pot Business Can't Use Bankruptcy. The Justice Department's bankruptcy watchdog, the US Trustee Program, wrote a letter to trustees handling consumer bankruptcy cases last week reminding them that marijuana is illegal under federal law and warning them against handling any money from the sale of marijuana-related property. The agency said it had seen an increase in the number of bankruptcies where "marijuana assets" are disclosed. "Our goal is to ensure that trustees are not placed in the untenable position of violating federal law by liquidating, receiving proceeds from, or in any way administering marijuana assets," the Trustee Program warned. The directive applies "even in cases in which such assets are not illegal under state law."

Vermont Legalization Bill Advances as Clock Ticks Down on Legislative Session. The House Human Services Committee approved a legalization measure, House Bill 170, last Friday, clearing the way for the bill to get a House floor vote as early as Tuesday. The session ends on Friday. Neither this bill nor a late Senate bill that would more broadly legalize marijuana is expected to win final approval this session, but favorable House votes would keep them alive for the second half of the session, set for January.

Medical Marijuana

California Issues Medical Marijuana Regulation Draft Rules. A trio of state agencies last Friday releases 114 pages of draft rules designed to regulate the state's massive medical marijuana industry. Now there is a 45-day public comment period before the rules become law. Click on the link for more details.

Florida Legislators Edge Toward Agreement on Medical Marijuana Regulations. The House last Friday modified its medical marijuana regulation bill, House Bill 1397, to make it more palatable to patients and the state Senate. The bill was amended to do away with a 90-day waiting requirement for and to allow the use of vaporizing and edibles. The House also backed away from requiring doctors to recertify patients every three months. But the House and Senate remain divided on how many operations should be added to the state's seven "dispensing organization," with Senate Bill 406 added five licenses, while the House bill only adds one. Legislators have only until Friday to get it done; the session ends then.

International

Trump Calls Philippines President Rodrigo Duterte, Apparently Supports His Murderous Drug War, and Invites Him to White House. President Trump invited President Rodrigo Duterte of the Philippines to the White House after having a "very friendly conversation with Mr. Duterte" on Saturday. According to a statement issued by the White House, the two "discussed the fact that the Philippines is fighting very hard to rid its country of drugs." Since he was elected President last May, Duterte has championed a campaign that is responsible for extrajudicial killing of thousands of people. "To host President Duterte at the White House is to endorse his deadly drug war policies," said Michael Collins, Deputy Director at Drug Policy Alliance's Office of National Affairs. "The Trump Administration should immediately withdraw its invitation to Duterte and publicly denounce the mass killings he has advocated for, or risk embarrassing the country with the sight of the US President greeting a remorseless, self-confessed murderer."

Mexican Parliamenent Approves Medical Marijuana. The Chamber of Deputies voted 374-7 last Friday to approve the use of medical marijuana. The Senate approved the move five months ago, so the measure now goes to President Enrique Peña Nieto, who is expected to sign it -- he proposed the idea last year.

Chronicle AM: CO Gov Says Sessions Chat Eases Pot Crackdown Fears, More... (4/28/17)

Colorado Gov. John Hickenlooper says a meeting with AG Sessions has eased his fears of a marijuana crackdown, but the state legislature is moving ahead anyway with a bill to block cops from helping the feds; Maryland Gov. Larry Hogan orders a study of racial disadvantage in the state's medical marijuana system, and more.

Jeff Sessions may hate weed, but Colorado's governor says he's less concerned about a crackdown after chatting with him.
Marijuana Policy

Colorado Governor Less Concerned About Pot Crackdown After Meeting With Sessions. After meeting with Attorney General Jeff Sessions this week, Gov. John Hickenlooper is less worried about a federal crackdown on legal marijuana. The governor said Sessions reiterated his dislike for marijuana, but hinted the department is more interested in going after more dangerous drugs. "He's got his hands full with things -- heroin, methamphetamines, cocaine -- other things are even more significant. But doesn't mean that he feels in any way that he should be cutting any slack to marijuana," Hickenlooper said. "And he certainly was very direct and clearly said they've got a lot of priorities," the governor continued. "And, at one point, he said, 'Well you haven't seen us cracking down, have you?' I interpreted that as he's got his hands full," Hickenlooper added.

Colorado House Approves Bill to Bar Cops From Helping With Fed Pot Crackdown. The House voted 56-7 on Wednesday to approve a bill that would prohibit law enforcement officers from aiding in a potential federal marijuana crackdown. The bill doesn't specifically mention marijuana, but bars public employees from "arresting a Colorado citizen for committing an act that is a Colorado constitutional right." The bill now goes to the Senate.

Maryland Governor Orders Study on Minority Participation in Marijuana Industry. Gov. Larry Hogan (R) on Thursday ordered a study of whether minorities face a disadvantage when trying to participate in the state's nascent marijuana industry. Such a study would be a prerequisite for giving preferences to blacks and other minorities when awarding licenses to grow, process, or sell the herb.

Washington Governor Signs Marijuana, Hemp Bills. Gov. Jay Inslee (D) on Thursday signed into three bills having to do with marijuana. One bill subjects marijuana edibles to the same oversight as other food products, a second bill gives pot shops the ability to give away "lock boxes" for people to keep their stashes safe from kids, and the third bill legalizes industrial hemp in the state.

Medical Marijuana

Arkansas Regulators Give Final Approval for Proposed Medical Marijuana Rules. The state's Board of Health on Thursday gave final approval for rules governing who gets to grow and sell medical marijuana. But the rules must still survive a review by lawmakers, which will study them in a special session beginning next Monday. The Arkansas Medical Marijuana Amendment requires the rules to be in place by May 8, or the state will be violating the state constitution.

Vermont Medical Marijuana Expansion Bill Heads for House Floor. The House Human Services Committee on Thursday approved a medical marijuana expansion bill, Senate Bill 16, which adds Crohn's disease, Parkinson's disease, and PTSD to the list of qualifying condition. The bill has already passed the Senate and now awaits a House floor vote, but differences between what the Senate approved and what the House approved mean a conference committee is likely to reconcile the two measures.

Asset Forfeiture

Pennsylvania Senate Approves Asset Forfeiture Reforms. The Senate voted 39-10 on Wednesday to approve Senate Bill 8, which makes only moderate reforms to the state's asset forfeiture laws. All 10 no votes were cast by Democrats, who said they bill didn't go far enough to fix an abusive system. After lobbying by state prosecutors, lawmakers had removed a provision ending civil asset forfeiture. But the bill does raise the evidentiary standard for forfeiture from "a preponderance of the evidence" to "clear and convincing evidence." The bill now goes to the House.

International

Tunisian Parliament Approves Minor Reform of Harsh Drug Laws. The parliament on Tuesday approved an amendment to the country's harsh drug laws that would give judges discretion when sentencing someone for a first drug offense. Under existing law, anyone caught in possession of any amount of any drug faced a mandatory minimum one-year prison sentence. The government says this move is only temporary, while comprehensive reforms of the drug laws are being studied.

Chronicle AM: Dr. Bronner's $5 Million for MDMA Research, HRW Says More Naloxone, More... (4/27/17)

FDA-approved research on MDMA and PTSD gets a big monetary bump courtesy of Dr. Bronner's, Human Right Watch condemns the failure to make the opioid overdose reversal drug naloxone more available, a safe injection site bill is moving in California, and more.

Dr. Bronner's CEO (Cosmic Engagement Officer) David Bronner (maps.org)
Industrial Hemp

Nevada Senate Unanimously Approves Hemp Bill. The Senate has approved Senate Bill 396 by a unanimous vote. The bill would expand on existing state law, which allows colleges or the state Agriculture Department to grow hemp for research purposes. This bill would create "a separate program for the growth and cultivation of industrial hemp and produce agricultural hemp seed in this State," allowing the crop to be grown for commercial purposes. The bill now heads to the House.

Ecstasy

Dr. Bronner's Kicks In $5 Million for MDMA PTSD Research. Dr. Bronner's -- the family-owned maker of the popular soap brand -- is donating $5 million over five years to the Multidisciplinary Association for Psychedelic Studies (MAPS) to pursue its FDA-approved Stage 3 studies of the efficacy of MDMA for treating Post Traumatic Stress Disorder (PTSD). The announcement came ahead of last week's MAPS-sponsored psychedelic science conference in Oakland. "There is tremendous suffering and pain that the responsible integration of MDMA for treatment-resistant PTSD will alleviate and heal," said Dr. Bronner's CEO David Bronner. "To help inspire our allies to close the funding gap, my family has pledged $1 million a year for five years -- $5 million total-- by far our largest gift to an NGO partner to date. In part, we were inspired by the incredible example of Ashawna Hailey, former MAPS Board member, who gave MAPS $5 million when she died in 2011."

Drug Policy

Human Rights Watch Report Says US Drug Policy Failures Drive Preventable Drug Overdose Deaths. The US federal and state governments are taking insufficient action to ensure access to the life-saving medication naloxone to reverse opioid overdose, resulting in thousands of preventable deaths, Human Rights Watch said in a report released Thursday. The 48-page report, "A Second Chance: Overdose Prevention, Naloxone, and Human Rights in the United States," identifies federal and state laws and policies that are keeping naloxone out of the hands of people most likely to witness accidental overdoses, denying them the ability to save lives. "The easiest, most effective step that the federal and state governments can take to stem the tide of deaths from opioid overdoses is to make naloxone easier to get," said Megan McLemore, senior health researcher at Human Rights Watch. "Naloxone should be as easy to get as Tylenol. Criminal laws block access to harm reduction programs such as syringe exchanges; the price of the medication is too high; it is not available over the counter -- these and other obstacles are keeping naloxone out of the hands of those who need it the most."

Harm Reduction

California Committee Votes for Supervised Consumption Sites Bill. A bill supported by the Drug Policy Alliance, Assembly Bill 186, passed Assembly Public Safety Committee on Tuesday. It had already been approved by the Assembly Health Committee last month, which marked the first time a US legislative body has ever approved a safe drug consumption site measure. "This is a huge step toward establishing a more effective, treatment-focused approach to drug addiction and abuse in California," said bill sponsor Assemblymember Susan Talamantes Eggman (D-San Joaquin County). "The committee's input has done a great deal to refine the bill since I first introduced it last year, and its support clearly demonstrates the legislature's willingness to consider bold ideas to get people to treatment and counseling, to protect public health and safety and, most importantly, to save lives." The bill now heads for an Assembly floor vote.

Drug War Issues

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