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California Will Regulate Medical Marijuana

After nearly 20 years of wrangling over what is and is not legal under California's 1996 Proposition 215 medical marijuana law, the state legislature has passed a set of bills designed to bring order to the chaos.

After working with Gov. Jerry Brown (D) on acceptable language, the Assembly and the Senate Friday passed Assembly Bill 243, Assembly Bill 266, and Senate Bill 643. The session ended at midnight.

If, as expected, Gov. Brown signs the bills into law, the medical marijuana status quo, rife with ambiguities, contradictions, and gray areas, will be transformed into a robust, strictly regulated medical marijuana industry. It won't always be painless, and there will be winners and losers.

For starters, the bills will once and for all clarify to law enforcement that licensed medical marijuana producers and their activities "are not unlawful under state law and shall not be an offense subject to arrest, prosecution, or sanction under state law, or be subject to a civil fine or be a basis for seizure or forfeiture of assets under state law."

The bills also clarify that medical marijuana can be a profit-making and -taking industry. Some local law enforcement and prosecutors have used making a profit as a basis for charging medical marijuana operators. Now, no more.

Patients and caregivers maintain their Prop 215 rights to possess and grow their own medicine, but collectives will be phased out, and anyone who wants to grow more than a personal amount will need a license. The bills provide for 12 different types of licenses, for "specialty," small, and medium indoor, outdoor, and mixed-light commercial grows; manufacturers, testers, transporters, distributors, and dispensaries."

Patients and providers who reside in localities hostile to medical marijuana may still be out of luck, though. The bills allow cities and counties to continue to ban such activities (although not deliveries).

There remains work to be done. Potency and purity standards haven't been set yet, the dual licensing structure with both state and local permits hasn't been settled, and lots of issues remain to be hashed out by state officials charged with writing regulations to implement the bills.

But California's billion dollar medical marijuana industry is about to come in from the cold.

Sacramento, CA
United States

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

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

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

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

Medical Marijuana

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

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

Heroin and Prescription Opiates

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

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

Asset Forfeiture

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

Sentencing

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

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

International

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

Chronicle AM: Psychedelics Could Treat Anxiety, PTSD; British MPs to Debate Marijuana Legalization, More (9/9/15)

Another Indian tribe will grow marijuana, Arkansas voters want medical marijuana, British MPs will debate marijuana legalization, psychedelic drugs may have value in treating some mental conditions, and more.

Wisconsin Gov. Scott Walker (R) moves forward on welfare drug testing. (wi.gov)
Marijuana Policy

Maine Indian Tribe to Grow Marijuana. The Passamaquoddy tribe has signed a letter of intent with Denver-based Monarch America, Inc. to design, construct, and manage a marijuana cultivation facility on tribal land, Monarch said Tuesday. The company has also contracted with the Flandreau Santee Sioux tribe in South Dakota to run a similar operation there. The Justice Department has taken a hands-off approach to marijuana cultivation by Indian tribes.

Medical Marijuana

Arkansas Poll Has Support for Medical Marijuana at 84%. A new Talk Business & Politics poll shows very strong support for medical marijuana in the state. More than half (56%) strongly agreed that adults should be able to use marijuana with a doctor's prescription, with another 28% somewhat agreeing. Only 14% disagreed. A medical marijuana initiative barely failed there in 2012, winning 48.5% of the vote. That initiative included a provision for home grows, but this poll found a slight majority opposing home grows. Support for outright legalization was much lower, at 42%.

Heroin and Prescription Opiates

Wisconsin Lawmaker Prepares Anti-Heroin Legislative Package. Rep. John Nygren (R-Marinette), who introduced seven bills last year to address opiate addiction, said at a Tuesday news conference he's preparing four more. He said the new bills would be designed to go after addiction to opioid pain medications, which he said was at the root of rising levels of heroin use. Nygren offered up few details, though.

Psychedelics

Study Says Psychedelics Could Be Useful in Treating Some Mental Disorders. A meta-study reviewing small-scale and preliminary studies finds that psychedelic drugs may be beneficial for people suffering from anxiety, addiction, or PTSD. "In the right context, these drugs can help people a lot, especially people who have disorders that we generally treat poorly, such as end-of-life distress, PTSD, and addiction issues involving tobacco or alcohol," said study coauthor Matthew Johnson, an associate professor in the department of psychiatry and behavioral sciences at Johns Hopkins University School of Medicine in Baltimore. The study is available behind a pay wall here.

Drug Testing

Wisconsin Governor Takes First Steps Toward Welfare Drug Testing. Gov. Scott Walker, a contender for the GOP presidential nomination, Tuesday approved "scope statements," the first step in implementing drug testing of some welfare recipients. The state will test "certain applicants for unemployment benefits as well as for able-bodied adults seeking benefits and/or training through FoodShare, Transform Milwaukee, Transitional Jobs, noncustodial parents on the W-2 program, and Children First." Those "certain applicants" are ones the state deems likely to have been using controlled substances without a prescription.

International

British MPs Will Debate Marijuana Legalization. After a citizens' petition drew more than 200,000 signatures from Britons, Parliament has agreed to hear debate on the issue. The debate will be October 12 and will be led by long-time drug reformer MP Paul Flynn (Labor-Newport West). The Conservative government has already insisted it will not legalize marijuana, but the debate will go on nonetheless.

(This article was prepared by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Chronicle AM: MA Legalization Inits Get Go-Ahead, DC Needle Exchanges Cut HIV Infections, More (9/8/15)

Two sets of Massachusetts legalizers get the go-ahead for signature gathering, Denver activists will negotiate with the city over social marijuana use, Hillary Clinton unveils drug policy proposals, DC HIV infections drop thanks to needle exchanges, and more.

Democratic presidential contender Hillary Clinton rolls out drug policy proposals. (state.gov)
Marijuana Policy

Two Competing Massachusetts Legalization Initiatives Okayed for Signature Gathering. State Attorney General Maura Healey last week approved the competing initiatives, one from Bay State Repeal and one from the Marijuana Policy Project-backed Campaign to Regulate Marijuana Like Alcohol. Click on the group links to read the initiatives. The groups must collect 64,750 valid voter signatures by November to qualify for next year's ballot.

ResponsibleOhio Supporter Sues Secretary of State Over Sweeping Election Fraud Investigation. An unnamed individual has filed a federal lawsuit against Secretary of State Jon Husted (R) over his investigation of alleged electoral fraud in the ResponsibleOhio signature-gathering campaign. The suit argues that the probe will have a chilling effect on First Amendment rights of Ohioans who support the legalization effort and seeks an injunction to halt the investigation. Husted subpoenaed various ResponsibleOhio records, including "documents or electronically stored information related to or reflecting names of persons who created usernames and passwords to download petitions" from the group's website.

Albuquerque Decriminalization Effort is Back. Two city councilors, including council president Rey Garduno, filed a municipal decriminalization ordinance last Friday. They also filed a measure to make possession violations the lowest law enforcement priority. The council voted 5-4 last year for a decriminalization ordinance, only to see it vetoed by Mayor Richard Berry, who is still there. A vote is expected on September 21.

Denver Social Use Initiative Withdrawn; Organizers Seek Negotiated Deal With City. The Campaign for Limited Social Use, which submitted more than 10,000 signatures for a measure that would allow marijuana use in businesses only open to adults, has pulled the initiative before it could be certified for the ballot, saying it instead prefers to negotiate an agreement with city officials. The successful signature-gathering campaign should help the group in the negotiations.

Asset Forfeiture

Oklahoma ACLU Releases Seizure Data Report. The state affiliate of the ACLU has released a report showing that nearly two-thirds of all cash seized under state asset forfeiture laws was seized from people never charged with -- let alone convicted of -- a crime. The report comes as the legislature ponders a bill that would reform or eliminate civil asset forfeiture.

Drug Policy

Hillary Clinton Releases Drug and Alcohol Policy Proposals. The Democratic front-runner is calling for $10 billion in new federal grants to fight drug and alcohol addiction, which she called "a quiet epidemic" in the country. She identified five goals: better drug education for teens, increasing the availability of drug treatment, increasing naloxone (Narcan) access, broadening drug and prescription monitoring programs, and emphasizing treatment over prison for low-level drug offenders. Click on the link for more details.

Illinois House Overrides Governor's Veto of Heroin Treatment Funding. The House has successfully voted to override Gov. Bruce Rauner's (R) veto of parts of the Heroin Crisis Act. The override attempt now moves to the state Senate. Rauner vetoed sections of the bill that would offer Medicaid services to some heroin users, saying the state couldn't afford it.

Harm Reduction

DC HIV Infections Drop Dramatically With Needle Exchange Programs. The average monthly rate of new HIV infections in the nation's capital dropped by 70% after the District implemented a needle exchange program in 2008, according to a study released last week by George Washington University's Milken Institute School of Public Health. The program prevented 120 new cases of HIV/AIDS, saving the city some $44 million over just two years, the study found.

International

Mexican Opium Production on the Increase. Officials in both the US and Mexico are saying that Mexico's opium production jumped by 50% in 2014 alone. The increase is being tied to rising levels of heroin and opiate addiction in the US, but also to marijuana legalization in some US states -- legalization is pushing down the price of marijuana in Mexico, making opium poppies a more attractive alternative. Much more at the link.

Mexican Judge Okays Use of CBD Cannabis Oil for Epileptic Girl. A Mexico City administrative law judge has approved the use of CBD cannabis oil to treat Graciela Elizalde Benavides, an eight-year-old girl suffering from epilepsy. The judge ordered federal authorities to allow the girl's parents to import the drug. It's not clear when that will actually happen.

Bulgarian Member of Parliament Will File Medical Marijuana Bill. Independent lawmaker Velizar Enchev has announced he will introduce a medical marijuana bill this month. "Thousands of people are suffering in Bulgaria," he said. Last month, he launched a petition drive to gage support for medical marijuana. That petition now has some 3,730 signatures. Earlier this year, a judge acquitted a multiple sclerosis patient accused of growing his medicine, saying "numerous international studies" had proven the efficacy of medical marijuana.

(This article was prepared by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Chronicle AM: MI Rejects MedMJ for Autistic Kids, US Rejects Afghanistan Opium Eradication...For Now, More (8/28/2015)

California could still see a medical marijuana regulation bill this year, a Michigan official ignores his own advisory panel and bars medical marijuana for autistic kids, California counties strike out in an effort to make Big Pharma pay for damages related to prescription opiates, and more.

In Afghan fields the poppies grow... (unodc.org)
Medical Marijuana

California Medical Marijuana Regulation Bill Gutted, But Still Alive. A measure aimed at bringing the state's medical marijuana industry into an era of statewide regulation passed out of the Senate Appropriations Committee Thursday, but there was nothing in the version of the bill approved by the committee. Assembly Bill 266 was gutted and now simply reads: "It is the intention of the state legislature to regulate medical marijuana." It appears the move is designed to make room for input from the office of Gov. Jerry Brown (D), which has now submitted its language. The governor's language largely mirrors earlier language and would set up a tightly regulated system. The legislature has until next month to get the bill passed.

Michigan Rejects Medical Marijuana for Autism. Although an advisory panel recommended allowing medical marijuana for autism, Mike Zimmer, the director of the Department of Licensing and Regulatory Affairs, said Thursday he was rejecting that recommendation. Zimmer said there was not sufficient research and he questioned whether cannabis oil is even allowed under the state's medical marijuana law. Advocates said he was mistaken in his reading of the law, and said they were frustrated with the decision.

Drug Policy

Feeling Political Pressure, Los Angeles County Promoter Cancels Rave After Deaths at Earlier Event. Organizers of HARD Presents… A Night at Fairplex have canceled the September 10 rave in the face of threats from county commissioners to ban raves on county properties after two teens died at the HARD Summer festival at the same venue in early August. The promoter is also scaling back its annual Day of the Dead party set for October 31 and November 1. But some county commissioners say they are still moving forward with plans for a ban.

California Judge Throws Out Counties' Lawsuit Against Prescription Opiate Manufacturers. An Orange County Superior Court judge Thursday dismissed a lawsuit filed against five of the world's biggest pharmaceutical companies by Southern California counties seeking to make them pay for damages related to prescription drug abuse. The suit accused the companies of fraudulently marketing the pain relievers to undercut the warning labels required by the FDA. The pharmaceutical companies, including PurduePharma, the makers of Oxycontin, argued that the FDA had exclusive jurisdiction. The judge agreed, dismissing the case, but leaving an opening for it to be re-filed after an FDA evaluation.

International

US Rules Out Opium Eradication in Afghanistan, At Least For Now. The US will not support eradication programs in the world's largest opium producer until and unless there is a comprehensive alternative development program that will provide a stable source of income for poppy farmers, State Department spokesman John Kirby said Thursday. "This is a tough problem to get at, but to simply, you know, work towards some eradication program -- to burn them to the ground, while that may have an immediate effect, it doesn't necessarily do anything for long-term stability and security for Afghan farmers," he said. "You have to be able to work on supplementing it for something else, and we have worked with Afghan authorities for many years about trying to find other crops that farmers can grow to make a good living, and there's been some success in that," he said.

Chronicle AM: FL Legalization Init to Roll Out, Dark Web's Largest Drug Market Shuts Down, More (8/27/2015)

The controversial ResponsibleOhio legalization initiative continues to make news, a Florida legalization initiative kicks-off tomorrow, the Dark Web's biggest drug marketplace is shutting down -- at least temporarily -- and more.

"Buddie," the Ohio legalization initiative mascot (responsibleohio.com)
Marijuana Policy

Florida Legalization Initiative Rolls Out Tomorrow. An initiative campaign to legalize marijuana in the Sunshine State will begin with a news conference in Fort Lauderdale tomorrow morning. The Sensible Florida PAC will announce a signature-gathering drive for a constitutional amendment to regulate marijuana like alcohol. Some 683,000 valid voter signatures will be needed, and since this is a constitutional amendment, it will need 60% of the vote to pass.

Ohio Legalizers Roll Out "Buddie" Mascot, Get Flak From Child Advocates. The folks behind the ResponsibleOhio legalization initiative have introduced their mascot, "Buddie," a cape-wearing superhero with a green marijuana bud for a head and a "B" logo over a picture of a pot leaf. Some child advocates grumbled that the mascot would lead kids to believe that pot is OK.  ResponsibleOhio said Buddie will only visit college campuses filled with voting age college students.

Ohio Legalizers Go to State Supreme Court Over Ballot Language. ResponsibleOhio asked the Supreme Court today to reject the state Ballot Board's wording of its initiative. In a 40-page complaint, the group claimed the board used prejudicial language, deliberate omissions, and outright falsehoods by Secretary of State Jon Husted (R) and his staff, and that the resulting language is "fatal to the validity of the ballot."

Drug Policy

Maine Governor to Call Out National Guard to Fight Drugs. Tea Party Republican Gov. Paul LePage said Wednesday the state would ramp up police efforts to fight drugs in the state, including deploying the National Guard to support the struggle against drug trafficking. He also renewed his pleas for more funding for more cops and prosecutors, a stance that leaves him at odds with the state legislature. LePage's remarks come a day after drug czar Michael Botticelli told a Maine roundtable the state needs more drug treatment facilities.

International

Dark Web's Largest Drug Marketplace Closing Its Doors -- For Now. Agora, the reigning champion among Dark Web drug sellers, is shutting down at least temporarily to heighten its defenses against intruders who may be seeking to identify and bust the site's operators and servers. The site's anonymous administrators said they had detected "suspicious activity" they thought was aimed at breaking the anonymity software Tor browser, which could reveal not only administrators, but customers. "At this point, while we don't have a solution ready it would be unsafe to keep our users using the service, since they would be in jeopardy," Agora said. "Thus, and to our great sadness we have to take the market offline for a while, until we can develop a better solution. This is the best course of action for everyone involved."

Medical Marijuana Update

California still has some problems with the feds, dispensaries open in Nevada and get licensed in Illinois, an Oklahoma initiative campaign is gearing up, and more.

California

Last Thursday, a federal appeals court rejected Oakland's lawsuit backing the Harborside dispensary. The 9th US Circuit Court of Appeals has upheld a lower court ruling dismissing Oakland's lawsuit against the Justice Department and the Northern California US Attorney's office. The city had argued that closing the dispensary would deprive it of tax revenues and increase crime by creating a black market for marijuana. Then US Attorney Melinda Haag moved in 2012 to seize Harborside, claiming it violated federal law by selling medical marijuana. The case continues even though the Justice Department has since said it generally wouldn't interfere with state marijuana laws.

Last Friday, the Marin Alliance for Medical Marijuana sought relief in federal court from a permanent civil injunction barring it from operating. Dispensary founder Lynnette Shaw cited last December's passage of the Rorhabacher-Farr amendment, which bars the Justice Department from interfering with state medical marijuana laws, in filing the motion for relief.

Colorado

Last Thursday, Colorado patients sued over the state's refusal to include PTSD as a qualifying condition. Five PTSD patients filed suit against the state Board of Health over its decision not to include PTSD on the state's medical marijuana eligibility list. The board and the Department of Public Health and Environment, which is also named in the complaint, now have 21 days to respond.

Illinois

On Tuesday, the state issued its first dispensary license. The state Department of Financial and Professional Regulations has granted a dispensary license to the Harbory in Marion. Another dispensary is under construction in Milan, but has yet to be licensed. There will be more to come. "Illinois medical cannabis dispensaries will continue to be registered on a rolling basis," said the DFPR in a statement. "Illinois medical cannabis dispensaries will receive medical cannabis exclusively from Illinois' licensed growing facilities once it becomes available."

Michigan

On Monday, one group planning a legalization initiative said it would instead focus on medical marijuana. The Michigan Responsibility Council, which had been considering running a third legalization initiative campaign in the state, has decided to instead focus on an initiative aimed at improving the state's medical marijuana law. Two other groups are continuing with their marijuana legalization efforts.

Nevada

On Monday, the first Las Vegas dispensary opened for business. A spokesman for Euphoria Wellness said Thursday the dispensary had won final state and county approvals this week and would open for business Monday. It will be the first dispensary in Clark County. The first dispensary in the state opened last month in the Reno suburb of Sparks.

On Wednesday, Reno's first dispensary opened for business. Sierra Wellness Connections opened near downtown Reno. It is the first one in the city and the third one in the state. One in nearby Sparks opened earlier this month, and one in Las Vegas opened Monday.

Oklahoma

Oklahoma Medical Marijuana Initiative Coming. Medical marijuana advocates filed papers with the state last Friday indicating they are preparing another initiative petition drive to put the issue before the voters. Once the initiative is approved for circulation, proponents will have 90 days to gather 123,000 valid voter signatures to qualify for the November 2016 ballot. A similar effort fell short in 2014. This one is being run by a group called Green the Vote.

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

Illinois Governor Vetoes Heroin Bill Over Medicaid Treatment Funding [FEATURE]

Faced with a public health crisis related to heroin and prescription opioid use, the Illinois state government created a bipartisan Heroin Task Force in a comprehensive effort to address the problem from all angles. The task force created a set of policy recommendations that were embodied in House Bill 1, the Heroin Crisis Act.

Heroin is taking a toll not only in Chicago, but in its suburbs. (kirk.senate.gov)
The bill passed the House and Senate in May, and was sent to Gov. Bruce Rauner (R) in June, where it sat on his desk until this week. On Monday, Rauner finally acted -- not by signing the bill, but by vetoing critical sections of it that he says the state cannot afford. He has now sent the bill back to the legislature and asked it to remove the offending sections.

But saying, "People are dying," the measure's House sponsor, Rep. Lou Lang (D-Skokie), has vowed an effort to override the veto. An override could be within reach -- the bill passed by veto-proof majorities in both houses -- but for members of a governor's own party, a veto override is a hard vote to take.

Here's what the bill does:

  • It increases the availability of opiate overdose reversal drugs and requires private insurance to cover at least one of them, as well as acute treatment and stabilization services. It allows licensed pharmacists to dispense overdose reversal drugs, allows school nurses to administer them to students suffering from overdoses, and provides protection from civil liability for people who administer them in good faith.
  • It requires the Department of Human Services and the State Board of Education to develop a three-year pilot heroin prevention program for all schools in the state, requires the Department of Human Services to develop materials to educate prescription opiate users on the dangers of those drugs, and it requires the Department of Insurance to convene working groups on drug treatment and mental illness and on parity between state and federal mental health laws.
  • It intensifies the state's prescription monitoring program by tightening reporting requirements and it requires doctors to now document the medical necessity of any three sequential 30-day prescriptions for Schedule II opioids.
  • On the criminal justice front, it permits multiple chances at drug court and prevents prosecutors from unilaterally blocking entry to drug court, and it requires prosecutors and public defenders to undergo mandatory education on addiction and addiction treatment. It also increases criminal penalties for "doctor shopping" if fraud is involved.
  • It requires Medicaid coverage of all heroin treatment, including methadone and other opiate maintenance treatment, as well as all anti-overdose medications.

People lining up to buy heroin in Chicago. (Chicago PD)
It's the latter provision to which Rauner objects.

"I support all of the above measures and applaud the multifaceted approach to combating this epidemic in Illinois. Unfortunately, the bill also includes provisions that will impose a very costly mandate on the State's Medicaid providers. I am returning the bill with a recommendation to address that concern," he said in a veto statement.

"House Bill 1 mandates that fee-for-service and medical assistance Medicaid programs cover all forms of medication assisted treatment of alcohol or opioid dependence, and it removes utilization controls and prior authorization requirements," Rauner continued. "These changes would limit our ability to contain rising costs at a time when the State is facing unprecedented fiscal difficulties. Importantly, the State's Medicaid programs already cover multiple forms of medication necessary to treat alcohol and opioid dependence. But without adequate funding to support mandated coverage for all forms of treatment, regardless of cost, this change would add to the State's deficit."

His recommendation is simply to delete the language requiring Medicaid coverage.

Rep. Lang and other bill supporters aren't going for that.

"There's a human cost to not doing it," Lang said. "People are addicted, people are sick, people are dying. You want to talk about the costs of providing methadone and Narcan to addicts, but you forget totally that if you cure them or they get off the stuff, there's a savings to the Medicaid system on a different line item, because they're no longer in emergency rooms, they're no longer a burden to law enforcement."

Heroin and opiate addiction is a serious problem in Illinois. The rate of drug overdose deaths has nearly doubled since 1999, and in the Chicago suburbs, people have been dying of drug overdoses at a rate of three per day since 2012. In the state as a whole, 633 people died of heroin overdoses last year, with nearly half (283) in Chicago.

At the same time as the problem with heroin and prescription opioids has been deepening, the state's ability to provide treatment has been decreasing. According to a report this month from the Illinois Consortium on Drug Policy, the state's ranking for drug treatment capacity has fallen from 28th in the nation in 2009 to 47th this year. This as demand for heroin and opiate treatment statewide is increasing dramatically. In Chicago and the surrounding suburbs, 35% of drug treatment admissions are for heroin, more than twice the national average.

The consortium's director and the study's lead author, Kathleen Kane-Willis, noted that Illinois is one of only a few states nationwide that doesn't allow Medicaid coverage of opiate maintenance treatment.

"We're going to pay for not paying," she said.

But bill supporters could also find the votes to override the veto. Rep. Lang says that is what's he going to try to do, and with a 114-0 vote in the House and a 46-6 vote in the Senate the first time around, he has plenty of supporters to ask. If that happens, Illinois will get the drug treatment it needs, and Rauner will still be able to maintain his fiscally conservative credentials.

Springfield, IL
United States

Chronicle AM: CA Waits for Big Legalization Init, NYC "Fake Weed" Ban Proposed, More (8/26/2015)

We're still waiting for the big one to drop in California, Ohio officials don't play nice with initiative ballot title language, Illinois gets its first dispensary approved, NYC wants to ban "fake weed,' and more.

The long-awaited ReformCA initiative is late out of the gate, but should be coming soon. (reformca.com)
Marijuana Policy

Big California Legalization Initiative Nearly Ready. It's getting late in the season, and the ReformCA legalization initiative has yet to be rolled out. ReformCA chair Dale Sky Jones says it is coming next month, but the delay is cutting into signature-gathering time and is keeping funding on the sidelines for now. Click on the link for more details.

Ohio Secretary of State Uses "Monopoly" to Describe Legalization Initiative in Ballot Title. Secretary of State Jon Husted (R) has inserted the word "monopoly" into the title of the ResponsibleOhio legalization initiative, now known as Issue 3. The title voters will see when they cast their votes will be "Grants a monopoly for the commercial production and sale of marijuana for recreational and medicinal purposes." The initiative would give exclusive rights to grow marijuana commercially to 10 growing facilities whose owners are the funders of the initiative. But ResponsibleOhio counters that state regulators could later expand the number of sites.

Medical Marijuana

Illinois Issues First Dispensary License. The state Department of Financial and Professional Regulations has granted a dispensary license to the Harbory in Marion. Another dispensary is under construction in Milan, but has yet to be licensed. There will be more to come. "Illinois medical cannabis dispensaries will continue to be registered on a rolling basis," said the DFPR in a statement. "Illinois medical cannabis dispensaries will receive medical cannabis exclusively from Illinois' licensed growing facilities once it becomes available."

New Psychoactive Substances

Bill Would Ban "Synthetic Marijuana" in New York City. City Council Speaker Melissa Mark-Viverito said Tuesday she will file a bill to ban the sale of synthetic cannabinoids in the city. "This is a concern that's growing. We're trying to get a handle on it," she said at a news conference. Under the bill, people found guilty of selling the substance could face up to a year in jail and a $5,000 fine, with the fine increasing to $25,000 for subsequent violations. City officials have reported violent incidents and hospital ER visits linked to the drug.

International

British Tories Forego Debate to Reject Marijuana Legalization Petition. The British government is rejecting out of hand a petition calling for legalization that garnered more than 200,000 signatures on a new government website. The petition is supposed to require the parliament to consider the question, but the Tories control the backbenches, and the government isn't waiting to dash cold water on the idea. Its official reply says: "Substantial scientific evidence shows cannabis is a harmful drug that can damage human health. There are no plans to legalize cannabis as it would not address the harm to individuals and communities. Cannabis can unquestionably cause harm to individuals and society. Legalization of cannabis would not eliminate the crime committed by the illicit trade, nor would it address the harms associated with drug dependence and the misery that this can cause to families."

Salvia Divinorum To Be Banned in Canada as of February. On February 8, 2016, the fast-acting psychedelic will officially be added to Schedule IV of the Controlled Drugs and Substances Act. "The (CDSA) will prohibit activities such as the trafficking, possession for the purpose of trafficking, importation, exportation, possession for the purpose of exportation, and production, of Salvia Divinorum, its preparations, and derivatives, unless authorized by regulation or via an exemption," Health Canada said. Simple possession will not be prohibited by law.

Chronicle AM: DC AG Talks Decrim, IL Gov Vetoes Medicare Heroin Treatment Funding, More (8/25/2015)

Another South Florida community moves toward marijuana decrim, GOP primary state voters want the feds to stay out of state marijuana policies, DC's top prosecutor hints at drug decrim, Illinois's governor vetoes Medicaid heroin treatment funding, and more.

Heroin users lining up to score in Chicago. The governor has vetoed heroin treatment funding. (Chicago PD)
Marijuana Policy

Poll: GOP Voters in Early Primary States Want Feds to Butt Out on Marijuana. Roughly two-thirds of Republican voters in Iowa and New Hampshire says states should be able to design their own marijuana laws without federal interference. The figure was 64% in Iowa and 67% in New Hampshire. The poll was conducted by Public Policy Polling and was commissioned by Marijuana Majority. "We put these polls into the field because we want presidential candidates to understand that the voters in these key states -- who they need support from to win -- overwhelmingly want the next occupant of the Oval Office to scale back federal marijuana prohibition," said Tom Angell, chairman of Marijuana Majority.

Key West Latest South Florida City to Move Toward Decriminalization. Officials in Key West have given preliminary approval to municipal marijuana decriminalization; a final vote will come next month. The change comes on the heels of similar moves this summer in Miami-Dade County, Miami Beach, and Hallandale Beach. Lawmakers in Palm Beach County are now considering a similar proposal, as are lawmakers up the Gulf Coast in St. Petersburg.

Medical Marijuana

Michigan Group Drops Legalization Initiative Plans; Will Instead Focus on Medical Marijuana Reforms. The Michigan Responsibility Council, which had been considering running a third legalization initiative campaign in the state, has decided to instead focus on an initiative aimed at improving the state's medical marijuana law. Two other groups are continuing with legalization efforts.

Reno's First Dispensary Opens Wednesday. Sierra Wellness Connections opens near downtown Reno tomorrow. It is the first one in the city and the third one in the state. One in nearby Sparks opened earlier this month, and one in Las Vegas opened Monday.

Drug Policy

DC's Attorney General Hints He Could Support Drug Decriminalization. DC Attorney General Karl Racine responded to a caller who argued that drug prohibition created the recent wave of new psychoactive substance use during a C-Span interview last Friday by largely agreeing with him. "Law enforcement and over-criminalization of drug laws can cause more harm to society than benefit… With respect to the legalization of other substances, including marijuana, I think the caller makes an excellent point… I think that the 21st Century policing is such that smart prosecution means less of an emphasis on criminalizing conduct, more of an emphasis on mental health and substance abuse. With respect to marijuana, you know, my position is very clear. I think it should be legal and I think that the District of Columbia, like the State of Colorado should be able to regulate it."

Heroin and Opiates

Illinois Governor Cuts Drug Treatment Funding From Heroin Bill. Gov. Bruce Rauner (R) has partially vetoed a bill aimed at fighting heroin addiction and overdoses, cutting out a section that requires Medicaid coverage of all heroin treatment programs, as well as anti-overdose and heroin-treatment medications (methadone). Rauner said that he supports the efforts, but the state can't afford to pay for them. Bill supporters say the move is short-sighted, pennywise but pound-foolish, and that there is a real human cost to it. They also said they would fight to see the funding restored. The bill is House Bill 1.

International

Russian Censor Lifts Ban On Wikipedia for Marijuana Page. Russia's Internet censor, Roskomnadzor, said Tuesday it had lifted a ban on Russian-language Wikipedia after Wikipedia complied with a court order and edited an entry dealing with charas, a substance made from marijuana resins. Under Russian law, if a web site is banned via court order, as was the case here, the entire website is banned even if the offending material is only on one page. Russian Wikipedia was shut down for about 24 hours.

Drug War Issues

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