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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.

Chronicle AM: Trump Vows to Win Drug War, Sessions Rejects Marijuana Legalization, More... (3/1/17)

The Trump administration's posture toward drug and marijuana reform is becoming evident, Philippines President Duterte is reenlisting the National Police in his drug war, the Colombian government and the FARC are working together on coca crop substitution, and more.

Trump wants more drug war. (Creative Commons/Wikimedia)
Marijuana Policy

Attorney General Sessions Scoffs at Marijuana Legalization. "We have a responsibility to use our best judgment… and my view is we don't need to be legalizing marijuana," he said at the winter meeting of the National Association of Attorneys General. "I'm dubious about marijuana. I'm not sure we're going to be a better, healthier nation if we have marijuana sold at every corner grocery store." He also ridiculed the notion that using marijuana could be a cure for opioid abuse, calling it "a desperate attempt" to defend marijuana. But he did concede that "maybe science will prove me wrong."

California Bill to Address Pot-Impaired Driving Advances. A bill that calls on the state Highway Patrol to form a task force to develop methods for identifying drivers impaired by marijuana or prescription drugs and for an evaluation of technologies for measuring marijuana impairment has passed out of the Assembly Public Safety Committee. Assembly Bill 6 now heads to the Assembly Appropriations Committee.

Drug Policy

Trump Vows to Win War on Drugs; Doesn't Mention Marijuana. In his inaugural address to Congress Tuesday night, President Trump echoed the ghosts of Richard Nixon and Ronald Reagan -- not to mention Miguel Cervantes -- as he vowed to defeat drugs. If there is a silver lining, his ire appears directed at heroin and other hard drugs. The word "marijuana" did not appear once in his speech. "Our terrible drug epidemic will slow down and ultimately, stop," he promised as part of a litany of MAKE AMERICA GREAT AGAIN accomplishments to come ("Dying industries will come roaring back to life. Heroic veterans will get the care they so desperately need… "). And, having forgotten -- or more likely, never learned -- the lessons of the past half century of American drug prohibition, he's going to defeat drugs the old-fashioned way: with more war on drugs. "To protect our citizens, I have directed the Department of Justice to form a Task Force on Reducing Violent Crime," Trump said. "I have further ordered the Departments of Homeland Security and Justice, along with the Department of State and the Director of National Intelligence, to coordinate an aggressive strategy to dismantle the criminal cartels that have spread across our Nation."

International

Tens of Thousands of Colombia Families to Quit Coca Farming. Some 55,000 families in territories controlled by the FARC will participate in a voluntary crop substitution program sponsored by the government, the presidency said Tuesday. The move will see nearly 100,000 acres of coca crops voluntarily eradicated under FARC supervision. The move to coca substitution is part of the peace agreement signed by President Juan Manuel Santos and FARC leaders last November.

Philippines President Brings Police Back to Wage More Drug War. President Rodrigo Duterte said Tuesday he would recall some police to fight the drug war. He had suspended the entire Philippine National Police from all operations in the bloody crackdown last month after a rogue squad of drug officers kidnapped and killed a South Korean businessman at PNP headquarters, but said he needed more manpower to sustain the crackdown, which has left more than 7,700 dead since he took office last year. "So, I need more men. I have to call back the police again to do the job most of the time on drugs, not everyone," he told reporters.

Chronicle AM: Legal MJ Industry Reacts to Spicer Threat, VA Needle Exchange, More... (2/24/17)

The uproar is deafening in the wake of White House press secretary Sean Spicer's hint Thursday that Trump could crack down on legal weed, Virginia's governor signs a needle exchange bill into law, the Arizona House unanimously passes asset forfeiture reform, and more.

Needle exchange programs are coming to Virginia under a new law just signed by the governor. (Creative Commons/Wikimedia)
Marijuana Policy

Marijuana Industry, Advocates React to Spicer Threat. White House press secretary Sean Spicer's statement Thursday that he expects the Justice Department to crack down on recreational marijuana in states where it is legal has excited a firestorm in the industry and among advocates. "To have Mr. Spicer say in one sentence that they're a states' rights administration and in the very next sentence say they're going to crack down... it just defies logic," said Robert Capecchi, director of federal policies for the Marijuana Policy Project, an organization that lobbies for pot-friendly changes to drug-related legislation. Click on the link for more reaction.

Medical Marijuana

North Carolina Medical Marijuana Bill Filed. House Democrats Wednesday introduced House Bill 185, a full-fledged medical marijuana bill that contains generous provisions on the amount of marijuana patients may possess (up to 24 ounces or "an adequate supply" as determined by a physician) and grow (up to 250 square feet of canopy), as well as providing for caregivers and establishing a system of dispensaries and commercial medical grows. Similar bills died in the 2015-2016 session, with one issued an "unfavorable report," meaning its subject matter could not be considered by the House for two years.

Asset Forfeiture

Arizona House Unanimously Passes Asset Forfeiture Reform Bill. The House voted unanimously Thursday to approve House Bill 2477, which sets a higher evidentiary standard for prosecutors to overcome before they can seize cash or property under civil asset forfeiture. Currently, prosecutors need prove only "a preponderance of the evidence," but under this bill, they would have to provide "clear and convincing evidence" the property or cash was linked to a crime. The bill doesn't abolish civil asset forfeiture, but does tighten it. It would also bar prosecutors from doing an end-run around state laws by passing cases off to the feds. The bill now heads to the Senate.

Harm Reduction

Virginia Governor Signs Needle Exchange Bill. Gov. Terry McAuliffe (D) has signed into law House Bill 2317, which authorizes the state health commissioner to establish and operate needle exchange programs after declaring a public health emergency. Health Commissioner Dr. Marissa Levine and Gov. McAuliffe declared that emergency last year.

International

Bolivian Congress Approves Near Doubling of Legal Coca Cultivation.The lower house approved a bill Thursday that would nearly double the amount of land allowed for legal coca cultivation, and the Senate approved it Friday. The bill would allow farmers to plant up to about 50,000 acres with coca, up dramatically from the 30,000 acres currently allowed. Even that new, higher limit was too much for some coca farmers, who want no limits, and clashed violently with police earlier this week.

Medical Marijuana Update

Medical marijuana is keeping Arkansas legislators and regulators busy, Kentucky and West Virginia see full-fledged medical marijuana bills filed, a CBD cannabis oil bill heads to the governor's desk in Indiana, and more.

Arkansas

Last Thursday, the House approved a bill banning military members from becoming registered caregivers. The body approved House Bill 1451. Bill sponsor Rep. Douglas House (R-North Little Rock) said federal law prevents military members from acting in that capacity. The measure now goes to the Senate.

Also last Thursday, a bill that would ban smoking medical marijuana was introduced. State Sen. Jason Rapert (R-Conway) filed Senate Bill 357, which would make it illegal to consume medical marijuana by smoking it. The bill also removes a provision in the current law that bars landlords from prohibiting the use of non-smoked medical marijuana, leaving renters wondering if landlords will just bar any use of medical marijuana.

On Sunday, a new poll found support for smoking medical marijuana and not waiting for the feds. A new Talk Business and Politics/Hendrix College poll had 50% in support of allowing medical marijuana to be consumed by smoking, with only 41.5% opposed. A bill to bar the use of smoked medical marijuana is before the legislature. Similarly, 51.5% opposed waiting for the federal government to legalizes medical marijuana, while 42% were in favor.

On Tuesday, a state panel approved new medical marijuana rules. The state Medical Marijuana Commission approved final rules governing how the state's medical marijuana system will be regulated. Next comes a public hearing set for March 31, and then the rules must be approved by the state legislature, which must happen before May 8. After that, the commission will use the rules to determine who gets licenses to grow and sell medical marijuana.

Indiana

On Tuesday, a CBD cannabis oil bill was headed for the governor's desk. The House passed Senate Bill 15 on a 98-0 vote. The Senate had approved the bill last week, so it now goes to the desk of Gov. Eric Holcomb (R). The bill would allow people with epilepsy to use CBD cannabis oil.

Iowa

On Monday, a CBD expansion bill was filed. The state currently allows the possession of CBD cannabis oil for the treatment of epilepsy, but it's illegal to manufacture or distribute it there, rendering the current law unworkable. A bill filed by Public Safety Committee Chair Rep. Clel Baudler (R-Greenfield), House Study Bill 132 seeks to begin to break that impasse by allowing the University of Iowa's Carver School of Medicine to recommend which conditions would qualify for use of CBD cannabis oil. But Baudler said another bill would be necessary to expand access.

Kentucky

Last Friday, a medical marijuana bill was filed. Freshman Rep. John Sims (D-Fleminsburg) has filed a medical marijuana bill, House Bill 411, which would give doctors the ability to recommend medical marijuana for patients. Sims said he saw the bill as a tool for reducing opioid addiction in his state.

North Dakota

On Monday,a funding measure for the medical marijuana system won a Senate committee vote. The Senate Appropriations Committee has approved a funding measure that allocates a little over $1 million to oversee implementation of the state's new voter-approved medical marijuana law. The Health Department told legislators it does not expect any revenue from the program this year, but it should generate $1.3 million in revenues over the next two years and be self-supporting at that point.

South Carolina

On Tuesday, a medical marijuana bill advanced. A House panel voted 3-0 Tuesday to advance House Bill 3128, a full-fledged medical marijuana bill that includes provisions for dispensaries. The bill now goes to the full Medical Military and Municipal Affairs Committee.

West Virginia

On Tuesday, a medical marijuana bill was filed. Sen. Richard Ojeda (D-Logan) and a handful of cosponsors introduced Senate Bill 386. The measure would set up a commission to license medical marijuana growers and regulate distribution of the medicine through dispensaries. It's been sent to the Senate Health and Human Resources Committee.

Wyoming

Last Tuesday, a medical marijuana initiative signature gathering campaign petered out. Medical marijuana will not be on the ballot next year. Organizers of a signature-gathering campaign failed to hand in signatures to the secretary of state's office by the Valentine's Day deadline. Organizers said they will continue to fight to bring medical marijuana to the Cowboy State.

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

Chronicle AM: OR Bill to Bar MJ Drug Tests Before Hiring Gets Rough Reception, More... (2/22/17)

An Oregon effort to protect marijuana using job seekers gets hammered by employers, the Arkansas commission charged with crafting rules and regs for medical marijuana has approved final rules, asset forfeiture reform has passed the North Dakota House, Bolivian coca farmers are unhappy, and more.

Drug testing that discriminates against marijuana users is an issue in pot-legal states. (Wikimedia)
Marijuana Policy

Oregon Bill to Block Employers From Firing Workers for Marijuana Use Gets Rough Reception. A bill that would protect workers from using state-legal marijuana during their off hours ran into a storm of opposition at a hearing Tuesday. Senate Bill 301 would bar employers from refusing to hire workers merely because of a positive test result for pot, but employers complained that the bill would violate federal law and that there is no scientific means of determining whether someone who tests positive is still under the influence. The hearing was before the Senate Judiciary Committee. No vote was taken.

Medical Marijuana

Arkansas Commission Approves Medical Marijuana Rules. The state Medical Marijuana Commission Tuesday approved final rules governing how the state's medical marijuana system will be regulated. Next comes a public hearing set for March 31, and then the rules must be approved by the state legislature, which must happen before May 8. After that, the commission will use the rules to determine who gets licenses to grow and sell medical marijuana.

Indiana CBD Bill Heads for Governor's Desk. The House passed Senate Bill 15 on a 98-0 vote Tuesday. The Senate had approved the bill last week, so it now goes to the desk of Gov. Eric Holcomb (R). The bill would allow people with epilepsy to use CBD cannabis oil.

South Carolina Medical Marijuana Bill Advances. A House panel voted 3-0 Tuesday to advance House Bill 3128, a full-fledged medical marijuana bill that includes provisions for dispensaries. The bill now goes to the full Medical Military and Municipal Affairs Committee.

Asset Forfeiture

North Dakota House Passes Asset Forfeiture Reform Bill. The House voted 50-42 Wednesday to approve House Bill 1170, which would end civil asset forfeiture by requiring a prior criminal conviction before property could be seized, and which would require that any revenues from seizures go to the state's general fund instead of to law enforcement. The measure now heads to the Senate.

International

Bolivian Coca Farmers Clash With Police Over Cultivation Limits. Angry coca farmers threw rocks, fireworks, and sticks of dynamite as they clashed with police outside the Palacio Quemado, the seat of government and official residence of President Evo Morales in La Paz. That was the second day of clashes sparked by the government's move to limit coca cultivation to 50,000 acres. The government says local demand only requires about 40,000 acres, but the farmers say that figure is too low.

Chronicle AM: House GOP Wants to Drug Test for Unemployment Benefits, More... (2/15/17)

Vermont's GOP governor throws up an obstacle to marijuana legalization, the House GOP is set to vote to force unemployed workers to take drug tests before receiving their earned benefits, the rightist mayor of South America's largest city turns his back on harm reduction, and more.

House Republicans want laid off workers to have to undergo suspicionless drug tests before receiving their earned benefits.
Marijuana Policy

Oregon Bill Would Limit Pipe, Bong Sales to Pot Shops. Minority whip Rep. Jodi Hack (R-East Salem) has filed a bill that would only allow pot paraphernalia to be sold a licensed marijuana shops. Hack said the measure, House Bill 2556, was aimed at stopping minors from buying the stuff at gas stations, minimarts, and tobacco shops. But smoke shop operators and other retailers are vowing a fight.

Vermont Governor Demands Tough Driving Provisions Before He Will Support Legalization. Gov. Phil Scott (R) says he will not support a legalization bill before the legislature unless it has provisions allowing police to determine is someone is driving while impaired. "Certainly it's still problematic from the standpoint of public safety," said Scott. "I want to make sure that we address those concerns I talked about on the campaign trail in terms of impairment on our highways." He also acknowledged that current tests don't provide clear evidence of impairment, but used that uncertainty to say Vermont should wait and see how other states deal with the issue.

Medical Marijuana

Arkansas Medical Marijuana "Fix" Bills Advance. The House voted Monday to approve two bills aimed at tidying up the state's new medical marijuana law. The measures, both authored by Rep. Doug House (R-North Little Rock) are House Bill 1371, which requires that Arkansans hold 60% ownership interest in pot businesses in the state, and House Bill 1298, which requires that persons, not corporations, hold the licenses. The bills now head to the Senate.

South Dakota CBD Bill Advances. The Senate Judiciary Committee voted Tuesday to approve Senate Bill 95, which would reschedule CBD as a Class 4 drug in the state and remove it from the definition of marijuana under state law. The bill would legalize the possession and use of CBD, but only upon approval by the FDA. That requirement was added in committee.

Drug Testing

House to Vote on Drug Testing the Unemployed. The House was prepared to vote as early as today on House Joint Resolution 42, which would undo Obama administration limits on drug testing people seeking unemployment benefits. Under a compromise to extend unemployment benefits in 2012, the Obama administration agreed to limited drug testing, but only once the Labor Department had identified industries and sectors that "regularly require drug tests." People receiving unemployment benefits are people who have been laid off from work, not people who have been fired for cause, including drug use. People who are fired for cause don't qualify for unemployment benefits.

Arkansas Senate Approves Bill Making Welfare Drug Testing Permanent. The Senate Tuesday approved Senate Bill 123, which would make permanent a welfare drug testing pilot program approved two years ago, even though the pilot program had only two people fail a drug test and 11 decline to take it out of more than 3,000 people who applied for welfare last year. Under the Arkansas law, the children of people who fail a drug test lose their benefits unless their parent undergoes drug treatment at his or her own expense. The bill now goes to the House.

International

Sao Paulo's New Mayor Turns Back on Successful Harm Reduction Program. New Mayor Joao Doria will scale back a successful harm reduction program that provided housing and jobs to people with problematic crack cocaine use and replace it with a coercive and abstinence-based program. The Restart program Doria likes involves the involuntary "hospitalization and confinement of those who are victims of crack so that with medical treatment, they can stay away from drugs," he explained.

Venezuela VP Shrugs Off US Drug Sanctions. The Venezuelan government Tuesday condemned US sanctions imposed a day earlier on Vice President Tareck El Aissami as a "highly dangerous" infringement of Venezuelan sovereignty, while El Aissami himself called it a "miserable and defamatory aggression" that wouldn't distract him from his job. The US accuses El Aissami of facilitating cocaine shipments while he was a provincial governor.

Chronicle AM: NM Senate on MedMJ & Harm Reduction; Iowa Students Win Speech Case, More... (2/14/17)

Medical marijuana and harm reduction measures advance in New Mexico, a police drug field test kit maker is being sued by a Florida man busted for the glaze on his Krispy Kreme donuts, Idaho considers ending mandatory minimums for drug offenses, and more.

The New Mexico Senate has approved a pair of measures aimed at reducing overdose deaths. (Creative Commons/Wikimedia)
Marijuana Policy

Virginia Lieutenant Governor Calls for Decriminalization. Lt. Gov. Ralph Northum (D) called Monday for the decriminalization of small amounts of marijuana, saying enforcement is costly and aimed disproportionately at African-Americans. The move comes weeks after Senate Majority Leader Thomas Norment (R-James City) requested that the Virginia Crime Commission study the issue. That move froze pending decriminalization legislation sponsored by Sen. Adam Ebbin (D-Alexandria).

Washington State Bill Would Repeal Legalization. Rep. Brad Klippert (R-Kenniwick) has filed House Bill 2096, which would repeal "all laws legalizing the use, possession, sale, or production of marijuana and marijuana-related products." The bill has been referred to the House Committee on Commerce and Gaming.

Wyoming Senate Committee Scales Back Marijuana Sentencing Reforms. The Senate Judiciary Committee voted to amend House Bill 197, weakening proposed sentencing reforms by doubling the period during which previous convictions would result in a longer sentence from five years to 10 years. More importantly, the amendment removes the plant form of marijuana from the bill completely, meaning the new tiered sentencing system would apply only to edibles.

Medical Marijuana

New Mexico Senate Passes Medical Marijuana Expansion Bill. The Senate voted 29-11 Monday to approve Senate Bill 177, which would expand the state's program by increasing the amount of marijuana patients may possess to five ounces and increasing the number of plants commercial providers can grow. The bill now goes to the House.

Drug Policy

Idaho Bills Would Alter State's Drug Laws. The House Judiciary and Rules Committee voted Monday to introduce a package of three bills that would reform the state's harsh drug laws. One bill would end mandatory minimum sentences for drug offenses and another would bar the seizure of vehicles for simple drug possession and require that property found near drugs be seized only if it is meaningfully connected to the crime. The third bill, however, is a step in the opposite direction -- it would allow heroin sellers to be charged with murder in the event of fatal overdoses.

Drug Testing

Florida Field Drug Test Kit Company Sued By Man Jailed for Possessing Donut Glaze. A Florida man is suing the police field drug test kit manufacturer Safariland LLC after an Orlando police officer using one of its field kits charged him with possessing methamphetamine although the substance being tested was actually the glaze from a Krispy Kreme donut. The drug test is either ineffective or unreliable, Daniel Rushing charges in his lawsuit, twice registering a positive result for meth and resulting in his false arrest and imprisonment before felony charges were dropped.

First Amendment

Federal Appeals Court Upholds Student Drug Legalization Group's Free Speech Rights. The 8th US Circuit Court of Appeals ruled Monday that Iowa State University cannot bar a student group from using the university's logo and mascot on t-shirts calling for the legalization of marijuana. Iowa State NORML had sued in 2014 after the university first gave its okay, but then refused permission after pressure from high-ranking state officials, including the governor's office. Instead, the university suddenly changed its guidelines, with new rules prohibiting designs "that suggest promotion of dangerous, illegal, or unhealthy products." Last year a federal district court filed an injunction prohibiting the school from using its new policy to block NORML from printing new t-shirts, and now the appeals court has upheld that permanent injunction.

Harm Reduction

New Mexico Senate Approves Pair of Harm Reduction Bills. The state Senate Monday overwhelmingly approved two bills aimed at reducing the number of fatal drug overdoses in the state. Senate Bill 47 would improve the state's 911 Good Samaritan law to include alcohol overdoses and eliminate the prospect of criminal liability for violating drug laws while seeking medical assistance for an overdose. Senate Bill 16 would require health care providers to counsel patients on the risk of overdose and to offer prescriptions for the overdose reversal drug naloxone. The bills now go to the House.

International

Trump Administration Accuses Venezuela VP of Drug Smuggling. The Treasury Department's Office of Foreign Assets Control has imposed sanctions on Venezuelan Vice President Tareck El Aissami, accusing him of being an international drug kingpin. Treasury said that El Aissimi facilitated drug trafficking in his previous post of Aragua state. The Treasury Department placed him on a list reserved for "specially designated narcotics traffickers," part of what's known as the Kingpin Act.

Chronicle AM: Los Angeles Pot Shop Vote Looms, NM Legalization Bill Stalls, More... (2/13/17)

Los Angeles voters go to the polls next month to decide on permitting dispensaries and pot shops, a New Mexico legalization bill hits a bump in committee, an Ohio bill would restore tough cocaine sentences based on the weight of filler -- not actual cocaine -- and more.

Los Angeles dispensaries (and adult pot shops) would be permitted under Measure M, before the voters next month. (Wikimedia)
Marijuana Policy

New Mexico Legalization Bill Stalled in Committee. Even though Democrats have a majority in both houses of the legislature, dissent among key Democrats may kill a legalization measure, Senate Bill 278. The bill stalled in the House Judiciary Committee after legal concerns were raised, and one key lawmaker, Sen. Clemente Sanchez (D-Grants) said he would not support. Sanchez is chair of another committee the bill would have to pass through, and his no vote added to Republican no votes in the committee could sound the death knell for the bill.

Los Angeles to Vote on Regulating Pot Shops Next Month. Voters in the nation's second largest city will vote March 7 on whether to adopt Measure M, the Cannabis Activity Permits and Regulations Ordinance. The measure was put on the ballot by the city council and would give the city the power to permit the 135 medical marijuana dispensaries approved by voters under the earlier Measure D, as well as to permit recreational pot shops and marijuana businesses.

Medical Marijuana

Oklahoma Medical Marijuana Bill Filed. State Rep. Eric Proctor (D-Tulsa) has filed a medical marijuana measure, House Bill 1877. The bill would allow the use of medical marijuana for a list of specified illnesses and conditions and is modeled on the successful medical marijuana ,initiative passed next door in Arkansas in November.

Sentencing

Ohio Bill Would Revive Stiffer Sentences for Cocaine Dealers. State Rep. John Rogers (D-Mentor on the Lake) has filed House Bill 4, which would stiffen sentences by not requiring that the weight of the drug measure only actual cocaine and not inert filler. In a case last year, the state Supreme Court threw out cocaine sentences based on the weight of the filler, saying the state must prove the weight of actual pure cocaine in setting sentences. "Ohio's recent court decision sets a new, dangerous trajectory for our state by allowing drug dealers to buy and sell more cocaine with reduced consequences," Rogers said in a statement. "Instead of effectively handcuffing law enforcement from keeping dangerous drug dealers off our streets, I believe that we should be handcuffing the criminals who make our state and communities less safe with dangerous drugs." The bill includes an emergency provision that would allow it take effect immediately upon passage.

Asset Forfeiture

Kansas Legislature Punts on Asset Forfeiture Reform. After hearing testimony in the House Judiciary Committee last month on several asset forfeiture reform proposals and receiving an audit last summer that concluded police are taking advantage of vague state laws on how they should report and user seized property, the committee has decided not to act. Instead it has asked a judicial advisory group to review any potential changes.

International

Sinaloa Cartel Internal Power Struggle Behind Uptick in Cartel Violence, Mexican Official Says. Defense Minister Salvador Cienfuegos said Saturday that rising violence in parts of northern Mexico is most likely linked to an internal power struggle in the Sinaloa Cartel, which has fractured since its leader, Joaquin "El Chapo" Guzman, was first jailed in Mexico, then extradited to the United States. "In the absence of their leader, (rival factions) are fighting over who will control the organization," he said. "I think that's what is happening." More soldiers were to be sent there beginning today and military forces already there will be reorganized, he said.

Chronicle AM: Drug Warrior Jeff Sessions is AG, NY Gov Calls Marijuana Gateway Drug, More... (2/9/17)

A man who thinks marijuana users aren't "good people" is now the US attorney general, New York's Democratic governor cites the gateway theory as he opposes marijuana legalization, North Dakota lawmakers kill a welfare drug testing bill, and more.

Meet the new boss: Attorney General Jeff Sessions takes office. (senate.gov)
Marijuana Policy

New York Governor Calls Marijuana "Gateway Drug," Rejects Legalization. Gov. Andrew Cuomo (D) said Wednesday that marijuana is "a gateway drug, and marijuana leads to other drugs and there's a lot of proof that that's true... There's two sides to the argument. But I, as of this date, I am unconvinced on recreational marijuana."

Washington Bill Would Bar State From Helping Any Federal Crackdown. A bipartisan bill sponsored by Rep. David Sawyer (D-Lakewood) and three others would attempt to protect the state's legal marijuana industry by "prohibiting the use of public resources to assist the federal government in any activity that might impede or interfere with Washington state's regulation of marijuana and marijuana-related products." The measure is House Bill 1895, which is now before the House State Government, Elections, and Information Technology Committee.

Medical Marijuana

Kansas Medical Marijuana Bill Filed. State Sen. David Haley (D-Kansas City) has filed Senate Bill 155, which would allow patients with specified diseases or conditions to grow and possess medical marijuana, or have a caregiver grow it for them. The bill also envisions the creation of state regulated and taxed "compassion centers" or dispensaries.

Drug Policy

Jeff Sessions Confirmed As Attorney General, Drug Policy Reformers React. The Senate confirmed Alabama Republican Senator Jeff Sessions as Attorney General on a near party-line vote Wednesday night. The marijuana and drug reform communities -- among many others -- are nervous about how Sessions might deviate from the Obama administration's hands-off policy on marijuana in the states, as well as broader criminal justice issues. "Jeff Sessions and President Trump are stuck in the 1980s when it comes to drug policy, while most of the country knows by now that we need alternatives to the failed drug war," the DPA's Bill Piper said. "If the Administration tries to roll back marijuana reform or to undermine criminal justice reform they will find themselves even less popular than they are now."

Drug Testing

North Dakota Senate Kills Welfare Drug Testing Bill. The Senate killed Senate Bill 2279, which would have required mandatory "addiction screening" of people receiving food stamps, with those identified as being "at risk" of drug use being forced to undergo drug treatment. The measure died on a 20-26 vote after legislators pointed out that similar welfare drug testing programs have found only a tiny number of people.

International

Peru Government Will Present Medical Marijuana Bill. The administration of President Pedro Kuczynski said it will present a bill allowing for the use of medical marijuana to the legislature, which is dominated by the opposition. The move comes in the wake of a public uproar after police raided a Lima house where a group of parents grew marijuana to make cannabis oil to treat their children's epilepsy and other diseases.

Drug War Issues

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