Ballot Measures

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Chronicle AM: ME Legalizers Vow Court Fight Over Rejected Signatures, LA Won't Ban Music Festivals, More... (3/4/16)

The Maine marijuana legalization campaign will fight to get its signatures counted, Tampa takes a first vote to decriminalize pot possession, an Idaho medical marijuana initiative gets pulled, a West Virginia welfare drug testing bill gets a hostile reception, and more.

Electronic music festivals will continue in Los Angeles County, but with restrictions. (wikimedia.org)
Marijuana Policy

Maine Legalizers Vow Court Fight to Get Signatures Counted. The Campaign to Regulate Marijuana Like Alcohol will appeal the state's ruling that its legalization initiative did not qualify for the ballot after the state rejected 17,000 signatures certified by one notary. "We think they've made a big error in judgment," said campaign director David Boyer. The campaign had handed in 99,000 raw signatures and only needed 61,000 to qualify, but after the 17,000 signatures in question were disallowed, the campaign only had 51,000 valid voter signatures. The campaign has 10—make that nine—days in which to appeal the decision, and the courts must decide the issue within 30 days after that.

Maine Bill Would Set Blood Level for Marijuana-Impaired Driving. The legislature's Criminal Justice and Public Safety Committee is considering LD 1628, which would set the level for operating under the influence of marijuana at 5 nanograms of THC per 100 milliliters of blood. If the bill passes, Maine would become one of a half dozen states that have adopted such laws

Tampa City Council Takes First Vote to Decriminalize. The city council voted 5-1 Thursday to pass a marijuana decriminalization ordinance. A second and final vote will take place on March 17. The ordinance would decriminalize the possession of up to 20 grams of pot, with a $75 fine for a first offense, $150 for a second offense, and $450 for subsequent offenses.

Medical Marijuana

Florida House Approves Medical Marijuana Bill. The House Thursday approved House Bill 307, which allows terminal patients to use nonsmokable marijuana and adds regulations for dispensing groups, patients, and doctors under the Compassionate Medical Cannabis Act. Similar legislation is moving in the Senate.

Idaho Activists Stop Initiative Campaign in Wake of Misstated Petition Language. New Approach Idaho has stopped its petition campaign after the American Academy of Pediatrics objected to being identified on the front page of the petition as medical marijuana supporters. New Approach Idaho said the misrepresentation of the academy's position—it has called for rescheduling marijuana—was unintentional.

Rhode Island Bill to Double Dispensaries Filed. Rep. Scott Slater (D-Providence) has filed House Bill 7808, which would increase the number of dispensaries in the state from three to six

Drug Testing

Alaska Bill to End Ban on Food Stamps for Drug Felons Would Require Drug Testing. Alaska is one of only 10 states that still bar people with drug felonies from obtaining food stamps, and legislation to end the ban is progressing, but the latest version of the bill, Senate Bill 91, would require drug felons getting food stamps to pass both scheduled and random drug tests. The bill also contains a provision stating that if the drug testing provision is overturned in the courts, the state would revert to the blanket ban on drug felons receiving food stamps. The Alaska Criminal Justice Commission, which helped shape the bill, had recommended removing the ban without any eligibility restrictions, including drug testing.

West Virginia Welfare Drug Testing Bill Gets Criticized at Hearing. A measure to require welfare recipients to first be screened for drug use, Senate Bill 6, got a hostile reception from witnesses at a House Judiciary Committee hearing today.  "Investing in substance abuse treatment is an efficient use of taxpayer dollars, but expensive and unnecessary policies that are based more on stereotype and punishing the poor rather than on facts and evidence are not," said Sean O’Leary, policy analyst with the West Virginia Center on Budget & Policy. The state ACLU affiliate called it an invasion of privacy. The bill has already passed the Senate.

Festivals and Clubbing

Los Angeles County Won't Ban Electronic Music Festivals, But Will Add Restrictions. The Board of Supervisors voted Tuesday to reject a total ban on music festivals, instead approving an ordinance that will allow it to approve them on a case-by-case basis. The county has been under pressure to do something after two young women died of drug overdoses during the HARD Summer music festival last year. 

Chronicle AM: INCB Rejects Drug War, ME Pot Legalization Init Rejected, More... (3/2/16)

The International Narcotics Control Board takes a surprising stand, Maine's pot legalization initiative hits an unexpected roadblock, Denver NORML files a pot social club initiative, a Florida needle exchange bill heads to the governor's desk, and more.

INCB head Werner Sipp: "The conventions never called for a war on drugs." (incb.org)
Marijuana Policy

Maine Says Legalization Initiative Short on Signatures, Campaign Strongly Disagrees. The secretary of state's office today rejected the legalization initiative from the Campaign to Regulate Marijuana Like Alcohol, saying it had failed to hand in a sufficient number of valid voter signatures. The group handed in more than 99,000 signatures and only needed 61,000 valid ones to qualify for the November ballot, but the state rejected more than 48,000 signatures, and now the campaign is crying foul. "Based on documents they have provided, it appears that more than 17,000 valid signatures from registered Maine voters were excluded from the count because the signature of a single notary — whose notary commission has not expired — did not exactly match the signature the state has on file for that notary," MPP Maine political director David Boyer said in a written statement. "We are exploring all legal means available to appeal this determination and we sincerely hope that 17,000-plus Maine citizens will not be disenfranchised due to a handwriting technicality."

Mississippi House Rejects Legalization. Offered unexpectedly as an amendment to a drug penalties bill, House Bill 701, a bid to legalize marijuana went down 90-29 Tuesday. Lawmakers said it was the first time in decades, and possibly ever, that the House had voted on marijuana legalization.

New Hampshire Poll Has Strong Support for Legalization. Some 62% of adults polled in a new WMUR Granite State survey favor legalizing marijuana, and 72% of those surveyed said they would approve of selling it in licensed retail outlets.

Denver NORML Files Marijuana Social Club Initiative. The group today submitted an initiative to legalize marijuana consumption clubs and special events. "Denver residents and visitors alike need places other than private homes to legally and responsibly enjoy legal marijuana with other adults," said Jordan Person, executive director of Denver NORML. "This submission to city council is the first step. We’ll get feedback from the city, finalize the language, then start gathering signatures to put it on the ballot," Person said.

Heroin

Maine Bill to Refelonize Heroin Possession Advances. Last year, legislators voted to make small-time heroin possession a misdemeanor; this year, they are on a path to reverse themselves. On Monday, the Criminal Justice and Public Safety Committee approved LD 1554, which would let prosecutes charge anyone possessing heroin, meth, or more than 14 grams of cocaine with a felony. The bill is supported by the administration of Gov. Paul Le Page (R).

Harm Reduction

Florida Needle Exchange Bill Heads for Governor's Desk. The House today approved Senate Bill 242, which authorizes the creation of pilot program to establish needle exchange programs in Miami-Dade County.  The bill now heads to the desk of Gov. Rick Scott (R).

International

INCB Rejects War on Drugs. In its

released today, the International Narcotics Control Board criticized militaristic approaches toward drugs and said excessive punishments of drug users run counter to UN treaties. "As the Board has stated on numerous occasions, the international drug control conventions do not require the incarceration of drug users," wrote the 13 medical and legal experts who make up the board. "The conventions never called for a war on drugs," added INCB President Werner Sipp.

Medical Marijuana Update

Medical marijuana continues its painful progress through statehouses across the land, Montana sees medical marijuana sales curtailed, New Mexico posts info on growers and sellers, and more.

Georgia

Last Wednesday, a House panel approved expanding qualifying conditions. The House Judiciary Non-Civil Committee Wednesday approved adding seven medical conditions to the state's CBD cannabis oil program. Included are autism, post-traumatic stress disorder, and HIV or AIDS, among others. The bill, House Bill 722, now goes to the House Rules Committee. But bill sponsor Rep. Allen Peake (R-Macon) isn't so pleased -- the bill was designed to allow cultivation of CBD cannabis oil in the state, but that provision was gutted in committee.

Last Thursday, a new poll found strong support for allowing cultivation for CBD cannabis oil. An 11Alive News/Survey USA poll has support for growing marijuana for medical purposes at 66%, with only 23% opposed. The poll comes as the legislature is advancing a bill that would have allowed that, but had that provision stripped out in committee. The bill in question is House Bill 722.

On Monday, the House approved CBD cannabis oil expansion, but still no legal source. Lawmakers approved House Bill 722, adding seven new conditions to the list of those qualifying to use CBD cannabis oil. But much to the dismay of bill sponsor Rep. Allen Peake (R-Macon), the bill does not allow for cannabis cultivation in the state. To obtain their medicine, patients must thus resort to violating federal law by importing the medicine. The bill now goes to the Senate.

Maryland

Last Friday, the House approved a medical marijuana expansion bill. Lawmakers approved House Bill 104, filed by Del. Dan Morhaim (D-Baltimore County). The bill would allow midwives, nurses, podiatrists, and dentists to certify patients for medical marijuana. The bill has no immediate practical implications because there are not yet any dispensaries open in the state. The bill now heads to the Senate.

Montana

Last Thursday, the state Supreme Court radically limited medical marijuana sales. In its decision, the state's high court ruled that medical marijuana providers could be paid for their services, but limited each provider to no more than three patients, banned medical marijuana advertising, and upheld automatic reviews of physicians who recommend it to more than 25 patients. In the decision, the court largely upheld a 2011 law passed by the GOP-dominated legislature aimed at gutting the state's then free-wheeling medical marijuana program.

New Mexico

On Monday, the state posted the names and addresses of medical marijuana growers and sellers. The state Health Department posted on its website the names and addresses of non-profits licensed to grow and sell medical marijuana in the state. The move is in response to a Freedom of Information Act request in a lawsuit brought by a reporter and a public interest group.

Ohio

On Tuesday, MPP rolled out its medical marijuana initiative. The Marijuana Policy Project-backed Ohioans for Medical Marijuana has debuted its proposed constitutional amendment to allow for medical marijuana. The proposal calls for 15 large-scale grow operations and an unlimited number of smaller grows, with five types of business licenses for growers, manufacturers, and retailers. Personal medical marijuana grows would not need to be licensed.

Pennsylvania

Last Thursday, a key legislator agreed to let a medical marijuana bill move forward. A long stalled medical marijuana bill will get a House vote after House Majority Leader Dave Reed (R-Indiana County) agreed to quit holding up the measure. The move prompted a supportive statement from Gov. Bill Wolf (D), who said, "I support the legalization of medical marijuana and I believe it is long past time to provide this important medical relief to patients and families across the commonwealth… It is time to legalize medical marijuana because we should not deny doctor-recommended treatment that could help people suffering from seizures or cancer patients affected by chemotherapy. I urge quick action by the legislature to legalize medical marijuana."

Texas

On Tuesday, a new poll showed strong support for medical marijuana. A new Texas Tegna poll suggests Texans are ready to move beyond the limited legalization of CBD cannabis oil and go for full-blown medical marijuana. The survey found that 71% supported expanding the program, with only 19% opposed.

Utah

Last Thursday, the medical marijuana bill passed the Senate. The Senate voted 17-12 to approve Senate Bill 73, sponsored by Sen. Mark Madsen (R-Saratoga Springs), which would allow a medical marijuana program in the state, but now allow patients access to raw buds. The vote to approve came despite the opposition of the Mormon Church. The measure now goes to the House, where its prospects are uncertain.  [For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Chronicle AM: PR Governor Says Legalize It, WY Asset Forfeiture Reform Bill Signed, More... (3/1/16)

Puerto Rico's governor says legalize it, Wyoming's effort to felonize marijuana edibles dies, MPP rolls out its Ohio medical marijuana initiative, and more. 

Puerto Rican Gov. Alejandro Garcia Padilla (Creative Commons)
Marijuana Policy

Puerto Rico Governor Calls for Pot Legalization. Outgoing Gov. Alejandro Garcia Padilla called for marijuana legalization as he gave his last public address as governor Monday. He said doing so would lower both crime and hypocrisy. He said that at the least, legislators should approve a 2013 bill to decriminalize pot possession.

Wyoming Edibles Bill Dies as Lawmakers Tussle Over Making Possession a Felony. A Senate-passed bill, Senate File 96, that made it a felony to possess more than three ounces of marijuana edibles died Monday after failing to advance before a legislative deadline. The House Judiciary Committee last week stripped out the felony provision, but legislative squabbling left the bill dead. The bill was deemed necessary after a pair of state judges ruled that the state's marijuana laws did not apply to edibles. "There really is concern that if you overreach, you can turn activity that was lawful in one state into a felony on this side of the border, and while you may feel that’s the right way, you want to be careful before you undertake to put people in prison for that type of activity, explained Senate Majority Leader Phil Nicholas (R-Laramie). 

Medical Marijuana

MPP Rolls Out Ohio Medical Marijuana Initiative. The Marijuana Policy Project-backed Ohioans for Medical Marijuana has rolled out its proposed constitutional amendment to allow for medical marijuana. The proposal calls for 15 large-scale grow operations and an unlimited number of smaller grows, with five types of business licenses for growers, manufacturers, and retailers. Personal medical marijuana grows would not need to be licensed.

Texas Poll Shows Strong Support for Medical Marijuana. A new Texas Tegna poll suggests Texans are ready to move beyond the limited legalization of CBD cannabis oil and go for full-blown medical marijuana. The poll found that 71% supported expanding the program, with only 19% opposed.

Asset Forfeiture

Indiana Sued Over Asset Forfeiture Fund Disbursements. The Institute for Justice has sued the state to try to force it to enforce its own asset forfeiture laws. They require that proceeds from seizures go to a schools fund, but that hasn't been happening. Instead, police and prosecutors have been keeping the proceeds for themselves.

Wyoming Governor Signs Asset Forfeiture Reform Bill. Last year, Gov. Matt Mead (R) vetoed a bill that would have ended civil asset forfeiture reform, but on Monday he found an asset forfeiture bill he could get behind. Mead signed into law Senate File 46, which does not end civil asset forfeiture, but imposes tighter rules on it. Now, people whose property is seized will get a probable cause hearing within 30 days, with a judge deciding whether to proceed with forfeiture. If property owners can prove they are innocent, the state will have to reimburse their legal costs.

Harm Reduction

Oregon Legislature Unanimously Approves Opioid Overdose Reversal Drug Bill. Following in the footsteps of the House, the Senate Monday unanimously approved House Bill 4124, which allows pharmacists to dispense naloxone (Narcan®) without a prescription. The bill also expands the Prescription Drug Monitoring Program so that emergency room physicians will be able to access the database.

Law Enforcement

Judge Denies Federal Government's Motion to Unlock iPhone in Drug Case. Magistrate Judge James Orenstein in Brooklyn, New York, has denied a government motion to compel Apple to help it unlock an iPhone in a drug case. "Ultimately, the question to be answered in this matter, and in others like it across the country, is not whether the government should be able to force Apple to help it unlock a specific device; it is instead whether the All Writs Act resolves that issue and many others like it yet to come," the ruling says. "For the reasons set forth above, I conclude that it does not. The government's motion is denied." The Justice Department said it would ask Orenstein to review his decision in coming days.

International

Myanmar Christian Anti-Drug Vigilantes Retreat. The Pat Jasan movement, which had attempted to destroy opium crops in Kachin state, has abandoned its efforts after dozens of its members were attacked last week. Some 30 vigilantes were injured in grenade and gunfire attacks by unidentified assailants as they tried to clear poppy fields. 

Chronicle AM: "Baby Bou Bou" Wins $3.6 Million Settlement, Pill Testing Battle Looms Down Under, More... (2/29/16)

Justice at last for Baby Bou Bou, Minneapolis decriminalizes, Ohio lawmakers resort to more drug war, Iran executes all the males in a village for drugs, Australian harm reductionists pledge to open a pill testing center at festivals despite government opposition, and more.

"Baby Bou Bou" before and after a Georgia SWAT team raided his home. (Family photos)
Marijuana Policy

North Dakota Legalization Activists Hand In Revised Initiative. Organizers of a marijuana legalization initiative that was earlier rejected by state officials resubmitted their proposal last Friday. The secretary of state now has about one month to review the petition and draft a summary that could be used during the signature gathering process.

Minneapolis Softens Pot Penalties. The city council voted last Friday to reducing small-time pot possession from a misdemeanor to a petty misdemeanor. Petty misdemeanors are not crimes under state law because they are not punishable by jail time. The move is more symbolic than anything, since pot possession is already a petty misdemeanor under state law.

Medical Marijuana

Georgia House Approves CBD Cannabis Oil Expansion, But Still No Legal Source. The House Monday approved House Bill 722, adding seven new conditions to the list of those qualifying to use CBD cannabis oil. But much to the dismay of bill sponsor Rep. Allen Peake (R-Macon), the bill does not allow for cannabis cultivation in the state. To obtain their medicine, patients must thus resort to violating federal law by importing the medicine. The bill now goes to the Senate.

Maryland House Approves Medical Marijuana Expansion Bill. The House last Friday approved House Bill 104, filed by Del. Dan Morhaim (D-Baltimore County). The bill would allow midwives, nurses, podiatrists, and dentists to certify patients for medical marijuana. The bill has no immediate practical implications because there are not yet any dispensaries open in the state. The bill now heads to the Senate.

New Mexico Reveals Names, Addresses of Medical Marijuana Growers, Sellers. The state Health Department has posted on its website the names and addresses of non-profits licensed to grow and sell medical marijuana in the state. The move is in response to a Freedom of Information Act request in a lawsuit brought by a reporter and a public interest group.

Law Enforcement

Family of Infant Injured in Georgia Drug Raid Wins $3.6 Million Settlement. The family of "Baby Bou Bou" Phonesavanh, who was burned by a flash bang grenade during a misbegotten, failed drug raid in Cornelia in May 2014, has been awarded $3.6 million in damages. No police were charged in the raid, which hit the wrong home. The infant's medical bills are estimated at $1 million. The Georgia county where the raid took place refused to pay them.

Sentencing

Ohio Bill to Heighten Punishments for Drug Dealers is Moving. The measure, House Bill 171, would lower the threshold for labeling someone "a major drug offender" from 250 grams of heroin to 100 grams. It passed the House last year and is currently in Senate committee hearings. The Office of the Ohio Public Defender and the ACLU of Ohio are opposing the measure, arguing that is just another criminalizing response to what should be viewed as a public health and safety issue.

International

Poll Finds Strong Majority of Canadians Support Pot Legalization. A new Globe & Mail poll has support for legalization at 68% nationwide, with majority support (55%) even in the conservative-leaning prairie provinces. Liberal Prime Minister Justin Trudeau has promised to legalize it and has called on former Toronto Police Chief Bill Blair to come up with the best model for legalization. The poll found Canadians split on home cultivation, with 49% in favor and 48% opposed.

Iran Executed Every Adult Male on Drug Charges in One Village. Iranian Vice President for Women and Family Affairs Shahindokht Molaverdi told the semi-official Mehr news agency last week that every adult male drug crimes were rampant in some areas, including "a village in Sistan and Baluchistan province where every single man was executed." Molaverdi pointed to the executions as an example of the government failing to deal with drug trafficking in its southern regions and said Tehran needs to better support the families of those executed. "Their children are potential drug traffickers as they would want to seek revenge and provide money for their families,” she said. "There is no support for these people. We believe if we do not support these people, they will be prone to crime."

Australian Festival Pill Testing Battle Heightens. Harm reductionists seeking to reduce deaths and injury among music festival goers are planning an unsanctioned pill testing scheme and will result to civil disobedience if necessary. The New South Wales government today reaffirmed its opposition to the pill testing pilot project, but activists said they will go ahead with a van staffed with toxicologists and shielded from police by barriers of supporters who will risk arrest to protect the testers from prosecution. The project is still months away from being implemented, though. 

Chronicle AM: 60% Say Legalize It in CA Poll, AK Pot Shops to Open This Fall, UT MedMj Bill Moves, More... (2/26/16)

Pot shops will come to Alaska this fall, a new poll suggest legalization will come to California this fall, a medical marijuana bill advances in Utah, the Montana Supreme Court puts the hurt on medical marijuana sales, and more. 

Opinion polls suggest marijuana is pretty well normalized in California. (Darrin Harris/Drug Policy Alliance)
Marijuana Policy

Alaska Retail Marijuana Sales to Begin This Fall. The state's Marijuana Control Board has released an updated timeline that says growing and testing licenses will be issued in June and the first retail and manufacturing facility licenses will be issued in September. Shops should open shortly after that. The Board began taking business license applications Wednesday and had 68 the first day.

New California Poll Has 60% for Legalization. A new Probolsky poll asked respondents if they would support a pot legalization initiative "likely bringing in millions in new revenues for government programs." Some 60% said they did, with only 37% opposed. Legalization was supported by all age groups except people over 65. The poll's margin of error was +/- 3.1%.

Michigan Legalization Bill Filed. State Sen. Coleman Young II (D-Detroit) has introduced Senate Bill 813, which would legalize, tax and regulate marijuana commerce in the state. The bill was filed Wednesday and referred to the Senate Judiciary Committee.   

Wyoming House Committee Strips Felony Penalty from Pot Edibles Bill. The House Judiciary Committee voted Thursday to remove language from Senate File 96 that would make possession of more than three ounces of edibles a felony. Instead, the bill now calls for increasingly stiff misdemeanor penalties for second and subsequent convictions for possessing them. The bill has already passed the Senate, so the changes will have to be thrashed out in conference committee.

Medical Marijuana

Georgia Poll Finds Strong Support for Allowing CBD Cannabis Oil Cultivation. An 11Alive News/Survey USA poll has support for growing marijuana for medical purposes at 66%, with only 23% opposed. The poll comes as the legislature is advancing a bill that would have allowed that, but had that provision stripped out in committee. The bill in question is House Bill 722.

Montana Supreme Court Radically Limits Medical Marijuana Sales. In a decision Thursday, the state's high court ruled that medical marijuana providers could be paid for their services, but limited each provider to no more than three patients, banned medical marijuana advertising, and upheld automatic reviews of physicians who recommend it to more than 25 patients. In the decision, the court largely upheld a 2011 law passed by the GOP-dominated legislature aimed at gutting the state's then free-wheeling medical marijuana program.

Utah Medical Marijuana Bill Passes Senate. The Senate voted 17-12 Thursday to approve Senate Bill 73, sponsored by Sen. Mark Madsen (R-Saratoga Springs), which would allow a medical marijuana program in the state, but now allow patients access to raw buds. The vote to approve came despite the opposition of the Mormon Church. The measure now goes to the House, where its prospects are uncertain.

Sentencing

Vera Institute of Justice Report on Jails Released. As part of its Incarceration Trends Project, Vera has released The Human Toll of Jail, which aims to raise the public perception of jail incarceration by shedding light on the everyday experiences of those who pay that toll, or work to decrease it. The report launched Wednesday with 10 stories told in interviews, video, photography, and comics journalism, including people who have been in jail and their families, a prosecutor, a public defender, a judge, and others on the frontlines of local justice systems.

International

Clashes Break Out Between Burmese Christian Anti-Drug Vigilantes and Opium Farmers. Members of the vigilante group, Pat Jasan, who had been in a stand-off with security forces near opium growing region, reported they had been ambushed by opium farmers, leaving three people injured and about 30 others taken prisoner by the farmers. Security forces had allowed the vigilantes to clear some opium fields, but they then engaged in skirmishes with farmers who have vowed to protect their crops. 

Chronicle AM: Supreme Court Takes Up CO Legalization, DEA Can't Keep Track of Evidence, More... (2/19/16)

The Supreme Court will decide if the case against Colorado can go forward, Ohio pot legalizers call it quits for now, Detroit dispensaries are facing a crackdown, a New Jersey bill would criminalize pregnant women who use drugs, and more.

Where did the drugs go? (justice.gov)
Marijuana Policy

Supreme Court Hears Case Against Colorado Legalization Today. The nation's highest court is deciding whether to take up a challenge against the state's legal marijuana law from neighboring Nebraska and Oklahoma. The death of Justice Antonin Scalia last weekend could alter the balance. If the court splits conservative vs. liberal, that would mean a 4-4 vote on the case. In regular cases that would mean that lower court rulings would hold. But the Supreme Court has "original jurisdiction" when states sue each other, meaning that there are no lower court rulings, raising the question of what would happen next.

Ohio Legalization Initiative Campaign Calls It Quits. The group, Legalize Ohio 2016, says it has put its signature gathering drive on hold because it doesn't have any money. The group's political action committee, Ohioans to End Prohibition, had only $268 in the bank. The group has some 80,000 signatures, but needs more than 300,000 valid voter signatures to qualify for the ballot. It says it will instead concentrate on supporting the Marijuana Policy Project's medical marijuana initiative.

Medical Marijuana

Detroit Dispensary Boom Faces Looming Crackdown. The Motor City is now home to more than 200 dispensaries, but an ordinance that goes into effect March 1 is likely to put some of them out of business. The new ordinance insists that dispensaries must be at least a thousand feet from schools, parks, churches, libraries, and other dispensaries, and an unknown number are not going to be in compliance. Don't expect immediate raids, though; dispensary owners will have a chance to apply for licenses, and police said they would give dispensaries some time to comply before moving against them.

Asset Forfeiture

Illinois County Sued for Asset Forfeiture "Racketeering." Three people have filed a federal lawsuit against the Kane County Sheriff's Office alleging it is running a racketeering enterprise by stopping drivers, falsely arresting and searching them, and seizing their cash and cars for the benefit of the county. The suit also names three deputies, including one -- Sgt. Hain -- who is also employed by a private company, Desert Snow, that trains police to prolong traffic stops, conduct searches without warrants or consent, and aggressively seize assets. The plaintiffs allege they were stopped, searched, and had several thousand dollars in cash seized, and that they were booked into the county jail overnight, but never charged with a crime. They were released the next day. Police found no drugs or other suspicious items. The plaintiffs are seeking compensatory and punitive damages

Law Enforcement

Justice Department Inspector General Rips DEA Over Evidence Handling Procedures. The DEA isn't properly documenting, tracking, and relocating the drugs it seizes, compromising the security of the drugs and undermining their usefulness as evidence in court, the inspector general said in findings released Thursday. In nearly one out of every 10 cases, DEA could not even find the tracking documents that are supposed to account for the drugs. "Gaps in the formal documentation of the chain of custody for drug exhibits can compromise the security of the drugs and jeopardize the government's ability to use the evidence in court proceedings," the IG said. The IG also found that more than half of all seizures, DEA forms did not list the amount of drugs seized, making it impossible to know if they had been tampered with. The inspector general made nine recommendations in total to improve the oversight of DEA drug seizures, all of which the agency agreed to address.

New Jersey Bill Would Criminalize Drug Use By Pregnant Women. A trio of Democratic Assembly members have introduced Assembly Bill 774, which would make using drug while pregnant a felony crime. Advocates for pregnant women called the bill "blatantly discriminatory" and said it will deter pregnant women from seeking prenatal care and drug treatment. They also said it was aimed at poor women.

International

Report Criticizes Use of Private Contractors in Colombia Aerial Coca Fumigation. A new report from the United Kingdom's Swansea University analyzes the role of private contractors and finds their primary benefit to the governments involved -- Colombia and the US -- are "secrecy and lack of accountability." "The ineffective policy is of dubious legality, causes damage to people and the environment, and would, if carried out by US military forces, imply the direct involvement of the US in Colombia's civil war, thereby triggering the application of international law as it applies to armed conflict," the report found. Still, aerial fumigation achieved "strategic objectives" of the two governments by displacing rural populations from areas of insurgent influence.

Chronicle AM: WA Drug Task to Disband, Cites Legalization; Harm Reduction Bills Advance in FL, NM, More... (2/18/16)

Even South Carolinians want drug policy reform, a Washington state drug task force calls it quits after marijuana legalization, harm reduction measures advance in Florida and New Mexico, and more.

With marijuana legal, drug task forces are having to reassess. (Darrin Frisby Harris/DPA)
Marijuana Policy

Oregon House Passes Marijuana Fine-Tuning Bill. The House voted overwhelmingly Tuesday to approve House Bill 4014, one of three bills this session aimed at fine tuning the state's marijuana legalization program. The bill removes residency restrictions for owning cannabusinesses, reduces some penalties for marijuana offenses, and adjusts licensing requirements to fit the needs of small farms, among other provisions.

Medical Marijuana

Arkansas Attorney General Approves Medical Marijuana Initiative. Attorney General Leslie Rutledge (R) has certified the popular name and title of the Arkansas Medical Marijuana Amendment of 2016. Now, initiative backers can begin the process of gathering some 85,000 valid voter signatures to qualify for the November ballot.

Asset Forfeiture

Iowa Legislature Punts on Asset Forfeiture Reform. A subcommittee of the Senate Judiciary Committee Wednesday took up Senate File 2166, which would have ended civil asset forfeiture in the state, but after a contentious hearing, the subcommittee voted to simply study the issue and develop recommendations for addressing it next year.

Drug Policy

Poll Finds South Carolinians Surprisingly Open to Drug Reforms. According to a a new poll released by the Drug Policy Alliance, a large majority of South Carolina's notably conservative primary voters supports ending mass incarceration, even across party lines. A substantial majority, furthermore, supports decriminalizing drug possession. Some 70% said they considered reducing incarceration rates an important issue and 59% said they favored decriminalizing drug possession.

Drug Testing

Maine Moves to Make It Easier for Employers to Do Drug Testing. The Department of Labor is calling on lawmakers to streamline the approval process for employee drug testing policies and to implement a program to train managers to spot drug-related impairment in the workplace. The proposal comes as an amendment to LD 1384, which is the subject of a Labor, Commerce, Research and Economic Development Committee work session today.

Harm Reduction

Florida Needle Exchange Bill Advances. The House Health and Human Services Committee Wednesday unanimously approved House Bill 81, which would create a pilot program to establish needle exchange programs in Miami-Dade County. The bill now heads for a House floor vote. Companion legislation in the Senate, Senate Bill 242, also awaits a floor vote.

New Mexico Legislature Approves Overdose Prevention Bills. A pair of bills that would allow individuals and organizations to possess and distribute the opioid reversal drug naloxone (Narcan®) have passed out of the legislature and are headed for the governor's desk. The measures are House Bill 277 and Senate Bill 262.

Law Enforcement

Washington State Drug Task Force to Disband, Cites Marijuana Legalization, Funding Cuts. The East Side Narcotics Task Force is going out of business in June after a quarter-century of fighting drug offenses. "The member agencies did an evaluation of the task force and its mission, and what we decided was that the task force had run its course and that due to a variety of challenges, it was time to sunset the task force and look at other options," Bellevue Police Chief Steve Mylett explained. One of those challenges was marijuana legalization: "When the state law changed, it made us pause and take a look at our mission," Mylett said. "When I arrived in Bellevue (in April 2015), the police chiefs were already discussing how marijuana laws were changing the whole drug trade landscape." He also complained that federal grants to fund such task forces were declining.

International

Saudis Execute Two Yemenis for Smuggling Hash. Yemeni citizens Ahmed Mubarek and Abdul Salam al-Jamali were executed in the Saudi border city of Jazan Wednesday after being convicted of smuggling hashish into the kingdom. Saudi Arabia has already executed 62 people this year, putting it on a pace to exceed last year's 153 executions, the highest number in two decades. It's not clear how many people have been executed for drug offenses.

Chronicle AM: Facebook Goes After Marijuana Businesses, WY Forfeiture Bill Advances, More... (2/17/16)

Facebook is making life hard for marijuana businesses, marijuana and medical marijuana are on the agenda at statehouses across the land, a South Dakota welfare drug testing bill is back in "kinder, gentler" form, and more.

Marijuana Policy

Facebook Shutting Down Marijuana Business Pages. The social media application has recently deleted or suspended dozens of accounts operated by marijuana businesses, without even a warning about possibly offensive material. It's not just businesses that actually deal in marijuana; Facebook has been typically unresponsive, saying only that "These pages have been removed for violating our community standards, which outline what is and is not allowed on Facebook."

Maryland Lawmakers Reject Effort to Increase Penalties for Public Marijuana Smoking. The House of Delegates Wednesday turned back GOP efforts to make it a misdemeanor offense to smoke pot on the Ocean City boardwalk, in state parks, or other public spaces. The move was a proposed amendment to a bill that would make it a misdemeanor to smoke pot in a vehicle. The bill treats in-car pot smoking like an open container violation, with fines, but no jail time.

Oregon House Approves Marijuana Banking Bill. The House has passed House Bill 4094, which protects banks and credit unions from any state liability for dealing with state-legal marijuana businesses. The bill passed on a 56-3 vote and now heads to the Senate.

Medical Marijuana

Arizona GOP Lawmakers Seek to Bar Use of Welfare EBT Cards in Dispensaries. Rep. Kate Brophy (R-Phoenix) has filed a bill, House Bill 2261, that would add dispensaries to the list of locations where EBT cards that deliver cash cannot be used. Other banned locations include liquor stores, race tracks, casinos, and strip clubs. The bill got a hearing Tuesday in the House Rules Committee, but was criticized by Rep. Randall Friese (D-Tucson), a physician. "I have a little trouble just saying you can get your prescription medications but not your medical marijuana," said Friese. "Medical marijuana is used for a variety of things that help people with chronic pain, glaucoma, anorexia, intractable nausea."

Oregon Bill to Let Pot Shops Sell Tax-Free Medical Marijuana Advances. A joint legislative committee Tuesday approved the bill that would allow recreational marijuana businesses to produce, process, and sell medical marijuana products. Senate Bill 1511 now heads for a Senate floor vote.

Utah Poll Finds Nearly Two-Thirds Want Medical Marijuana. Some 64% of Utahns support medical marijuana, up from 61% just two months ago, according to a new Utah Policy poll. The poll comes as progress on a full-blown medical marijuana bill in the legislature appears blocked and as patient activists say they are about to embark on an initiative campaign to get around legislative inaction.

Asset Forfeiture

Wyoming Senate Approves Asset Forfeiture Reform Bill. The Senate Wednesday approved Senate File 46, which would require a judge to find probable cause property was used or intended to be used in drug trafficking before it could be seized. The bill does not end civil asset forfeiture, but does raise the bar for the state. A measure pending in the House would end civil asset forfeiture, but faces a veto from Gov. Matt Mead (R), who vetoed similar legislation last year. The Senate bill now goes to the House.

Drug Testing

South Dakota Welfare Drug Testing Bill Returns in "Kinder, Gentler" Form. After an earlier bill that would have required drug testing for all welfare recipients was killed, Sen. Phil Jensen (R-Rapid City) has introduced Senate Bill 153, which would randomly drug test 2% of welfare applicants. The bill was set for a hearing in the Senate Health and Human Services Committee today.

New England 2016 is a Marijuana Legalization Hotbed [FEATURE]

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

No state east of the Mississippi has legalized marijuana, but that's very likely to change this year, and New England will be leading the way. Two of the six New England states will likely let the voters make the call in November, while the others all have legalization bills pending.

New England pastoral (wikimedia.org)
So far, with the exception of Washington, DC, where voters elected to legalize the possession and cultivation, but not the sale of marijuana in 2014, all of the legalization action has been in the West. The four states that have legalized it so far -- Alaska, Colorado, Oregon, and Washington -- are all Western states.

More Western states will likely legalize it this year, including the nation's most populous, California, as well as Arizona and Nevada. The Nevada Regulation and Taxation of Marijuana Act has already qualified for the November ballot, while the Arizona campaign behind that's state's Regulation and Taxation of Marijuana Act is well-advanced in signature gathering and appears poised to easily qualify for the ballot as well.

Meanwhile, California's Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) is late out of the gate, but well-financed and broadly supported. It, too, should be on the ballot in November.

Another possible legalization state this year is Michigan, where the campaign behind the Michigan Marihuana Legalization, Regulation and Economic Stimulus Act just last week announced that it has 240,000 raw signatures and is aiming for 300,000 by March 15. But it needs 252,000 valid voter signatures to qualify, and with the rule of thumb for petition campaigns being that between 20% and 30% of raw signatures are likely to be invalidated, whether the Michigan initiative will qualify remains to be seen.

But it's Yankee country that will see the most concentrated regional push toward marijuana legalization this year. Initiatives that make the ballot will go before New England populations that are showing majority support for legalization this year, and, while progress toward legalization though the legislative process can be achingly difficult, the region also appears poised to produce the first state to free the weed through the legislature, not the popular vote.

Here's the rundown on New England legalization efforts this year. Chances are good that legalization will happen in two of them -- the initiative states -- and possibly in one or more of the other states:

Connecticut. Earlier this month, Rep. Juan Candelaria (D-New Haven) introduced House Bill 5209, which would allow adults to use, grow, and sell marijuana. Candelaria introduced a similar bill last year that went nowhere. "I'm going to be pushing very hard," Candelaria said. "I'm going to be engaging my leadership in conversation to at least allow a public hearing." Gov. Dannel Malloy (D) said the same day he could only support medical marijuana. "That's as far as I'm comfortable going," the governor said.

Maine. The legalization initiative from the Campaign to Regulate Marijuana Like Alcohol has not yet officially qualified for the ballot, but is poised to. On February 1, the campaign turned in more than 103,000 raw signatures from its petition drive. It only needs 61,000 valid voter signatures to qualify for the November ballot, and should have a sufficient cushion to do so. The most recent of Mainers' attitudes toward marijuana legalization, from the spring of 2015, had support at 65%.

Massachusetts. The legalization initiative from the Campaign to Regulate Marijuana Like Alcohol has already qualified for the ballot, but under Massachusetts law, the legislature must first take up the issue. If, as expected, it fails to adopt legalization, the campaign must then collect another 10,000 signatures to place the initiative on the November ballot. It should be able to do that easily, and if it gets on the ballot, it should win, although perhaps not as handily as Maine. There are no hot-off-the-press polls, but a 2014 poll had support at 53% and a Boston Globe poll from last year had a dead heat, with 48% in favor, 47% opposed. Numbers this tight means it's not a done deal, but given expected high voter turnout this election year, the Bay State should be able to pull it off.

Fall in New Hampshire (wikimedia.org)
New Hampshire. The House actually passed a legalization bill in 2014, only to see it die in the Senate. This year, there are already three legalization bills filed, but two of them have already been deemed "inexpedient to legislate" in committee. The remaining legalization bill, House Bill 1610, is currently before the House Criminal Justice and Public Safety Committee. Even if the bill were to pass the House, it faces a tough battle in the Senate. In addition to killing legalization in 2014, the Senate has at least twice killed decriminalization bills that passed the House.

Rhode Island. Rep. Scott Slater (D-Providence) said he will file a marijuana legalization bill in the General Assembly last week, and Sen. Joshua Miller (D-Cranston) will file companion legislation in the Senate. As of Saturday, the bills have not yet been posted on the legislative website, but they are definitely coming. This marks the fifth consecutive year legalization bills have been filed in Providence, and they have previously been stifled, but there are signs progress could be made this year. The Senate bill has 17 cosponsors (out of 38 senators), and the House bill has more than 30 cosponsors. Republican House Leader Brian Newberry (R-North Smithfield) supports it, and House Speaker Nick Mattiello (D-Cranston), who has long opposed legalization, is now becoming "more open-minded" as eyes tax revenues from pot in the already legal states.

Vermont. The Green Mountain State is the most likely to actually pass a legalization bill this year. Senate Bill 241, backed by Gov. Peter Shumlin (D), has already passed the Senate Judiciary and Finance committees and is moving toward a Senate floor vote. But the committees have amended the bill to kill home cultivation and to reduce the legalized amount from an ounce to a half ounce. And if and when the bill gets out of the Senate, it still faces a tough battle in the House.

This could well be the year New England goes green. Winning in three states -- Maine, Massachusetts, and Vermont -- would be a big victory; winning in more would be a very pleasant surprise. Not winning in any of them would be a huge setback for the marijuana reform movement, but at this point, that looks extremely unlikely.

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