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Chronicle AM: Groups Oppose New Fed Bill, Still no DEA Research Grow Licenses, More... (7/5/17)

Drug reformers and others are trying to stop a bill that would give Attorney General Sessions new powers to criminalize new drugs and craft new penalties, after a year the DEA still hasn't issued any new marijuana research grow licenses, and more.

Civil rights, human rights, criminal justice, and drug policy reform groups are mobilizing to stop a new drug war bill.
Marijuana Policy

DEA Still Hasn't Issued Any New Marijuana Grower Licenses. Almost a year after the DEA announced it would allow more organizations to produce marijuana for research purposes, it has yet to do so. Although DEA has received 25 applications for research grows, it says it is still processing them and has no estimate for when any applications may be granted. There is increasing demand for research marijuana, as well as for more potent, more diverse, and higher quality marijuana than is being produced by the University of Mississippi under a NIDA monopoly it has enjoyed since 1968.

Massachusetts Lawmakers Get Back to Work on Crafting Legalization Implementation. The legislature missed a self-imposed Friday deadline for reaching agreement on competing legalization implementation bills in the House and Senate and the marijuana conference committee was set to meet today to try to seek agreement. Two big issues of dispute are tax rates and whether localities can ban pot businesses without a popular vote.

Industrial Hemp

West Virginia Joins the Ranks of Legal Hemp States. As of Tuesday, state residents can apply to the agriculture commissioner for a license to grow hemp for commercial purposes. Some growers grew hemp crops last year, but those were licensed research grows. Now, those growers can be licensed as commercial growers, too.

Drug Policy

Dozens of Reform Groups Send Letter to Congress Opposing New Drug War Bill. More than 60 civil rights, human rights, faith, criminal justice, and drug policy reform organization have sent a letter to the House Judiciary Committee opposing House Resolution 2851, the Stop the Importation and Trafficking of Synthetic Analogues Act of 2017. The measure is part of Attorney General Sessions' effort to reenergize the war on drugs and would give him sweeping new powers to schedule new drugs and set corresponding penalties, including new mandatory minimums. Similar legislation by Sens. Grassley and Feinstein has been filed in the Senate.

Chronicle AM: Mexico Legalizes MedMJ, China Bans More Synthetic Opioids, More... (6/20/17)

New Jersey pols look to legalize pot next year, Vermont pols look to legalize it this week, China bans more synthetic opioids, Mexico officially embraces medical marijuana, and more.

Medical marijuana is now officially legal in Mexico, but rules and regulations will take some time.
Marijuana Policy

New Jersey Legalization Bill Gets Hearing. The Senate Judiciary Committee held a hearing on a legalization measure, Senate Bill 3195, on Monday. The testimony was largely favorable, including from a former state Republican Committee head, the head of a doctors' organization favoring legalization, and from a long-time municipal prosecutor. "I believe by legalizing and regulating it and discouraging, officially as official government policy, like we do with tobacco and alcohol, we will be far better off than the status quo," prosecutor J.H. Barr told the committee. No vote was taken. The bill is strongly opposed by Gov. Chris Christie (R), but he'll be gone in January.

Vermont Legislators Will Try to Get Weed Legalized in Special Session This Week. Gov. Phil Scott (R) vetoed the legalization bill in May, saying he had public safety concerns. Supporters of legalization have come back with a bill that now has stiffer penalties for drugged driving, smoking pot in cars with kids, providing pot to kids, and selling pot in school zones -- all in a bid to win the governor's support. The bill does not include "impairment testing mechanism" requested by Scott, largely because there are no marijuana breathalyzers on the market. Scott has declined to comment on the revised bill. The special session begins Wednesday.

Harm Reduction

Boston Ponders Supervised Injection Sites. With six people a day dying of opioid overdoses in the city so far this year, the city council has set a hearing next Monday to explore the potential impact of supervised injection sites. The move comes after the Massachusetts Medical Society urged state officials to open at least two of the facilities.

International

China Bans Synthetic Opioids Linked to US Overdose Deaths. China announced on Monday that it is banning the ultra-potent synthetic opioid U-47700 and three others. The DEA says China is the chief source of synthetic opioids, including fentanyl and carfentanil, which China has already banned. U-47700, MT-45, PMMA, and 4,4-DMAR will be added to the country's list of controlled substances as of July 1, said Deng Ming, deputy director of the National Narcotics Control Commission.

Mexico Legalizes Medical Marijuana. President Enrique Pena Nieto issued a decree on Monday officially legalizing medical marijuana in the country. Legislation authorizing medical marijuana sailed through the Senate in December and passed the lower house on a 347-7 vote in April. Now, the Ministry of Health will be tasked with drafting and implementing rules and regulations.

Chronicle AM: DEA Lied About Honduras Incident, Not Guilty Verdict in SD MJ Case, More... (5/25/17)

A joint report from the Justice and State inspector generals' finds that the DEA lied and covered up the facts in a 2012 Honduran raid that left four innocent civilians dead, Peruvian security forces prepare to enter forbidden territory in the country's coca heartland, the South Dakota attorney general's ploy to win political advantage by prosecuting a pot consultant fails, and more.

Authorities in Honduras have discovered their first domestic coca plantation. (deamuseum.org)
Marijuana Policy

Maine Legislature Passes Bill to Fund the Implementation of the Marijuana Legalization Initiative and Change the Agency That Will Regulate Marijuana for Adult Use. The Senate on Thursday passed Legislative Document 243 unanimously "under the hammer," without debate or a roll call vote, sending it to Gov. Paul LePage (R) for final approval. The House passed it "under the hammer" on Wednesday. The bill would transfer the authority to oversee adult-use marijuana from the Department of Agriculture, Conservation and Forestry to the Bureau of Alcoholic Beverages and Lottery Operations within the Department of Administrative and Financial Services (DAFS). The Bureau would be responsible for licensing adult-use marijuana businesses and creating and enforcing regulations. LD 243 also allocates $200,000 to the Joint Select Committee on Marijuana Legalization Implementation and $1.4 million to DAFS to implement Question 1.

South Dakota Attorney General Foiled in Bid to Prosecute Pot Consultant for Personal Political Advantage. A jury in Flandreau acquitted a marijuana business consultant of conspiracy to possess and marijuana possession Wednesday. Eric Hagen, president of Colorado-based Monarch America, had contracted with the Flandreau Sioux tribe to assist it in developing a marijuana grow operation and resort, a plan that was abandoned by the tribe in the face of mixed signals from the federal government and staunch opposition from state officials. Led by Attorney General Marty Jackley (R), who is eying the state's governor's office, the state nine-months later charged Hagen and a business partner, even though they never possessed or controlled any marijuana. It took a juror just two hours to find Hagen not guilty. Hagen immediately accused Jackley of ruining his company through a politically motivated prosecution. "He tanked our company by spreading lies and rumors," Hagen said. "It was 100 percent politically motivated. This was simply a media ploy for Jackley because he's running for governor in 2018."

International

Peruvian Forces Set to Enter Key Coca Cultivation Area. Security forces are preparing to enter the lawless Apurimac, Ene, and Mantaro River valleys (VRAEM) coca growing areas for the first time as part of a plan to eradicate half the country's coca supply by 20121. The area, where an estimated 125,000-150,000 acres of coca is grown is remote, on the far side of the Andes, and the trade there is protected by armed rebel groups and drug trafficking organization. "It has to be done slowly, but it has to be done," Peru's drug czar Carmen Masias told a news conference.

Hondurans Bust First Coca Plantation. For years, Honduras has been a key transshipment point for cocaine headed from South America toward North American markets, but now Honduran authorities report finding their first domestic coca growing operation. They busted the field containing an estimated 7,000 plants last month in the mountainous region of Esquipulas del Norte. "We have confirmed through toxicological exams that we're dealing with coca plants. This is the first time we've confiscated a coca plantation in Honduras," prosecutor Carlos Morazan said. "At the site, we found a laboratory with tools and precursor chemicals for making coca paste and for processing the drug up to its final power form," Morazan added.

DOJ Report Says DEA Lied About Fatal Honduran Drug Raid. In 2012, a botched drug raid in Honduras led to the shooting deaths of four civilians, including a teenage boy, as they floated along a river. Now, a report from the Justice Department's Office of the Inspector General finds that the DEA lied when it claimed the victims were cocaine traffickers who had shot first and that DEA agents were only present as advisors. The report says the DEA failed to properly investigate, blocked attempts to find the truth, and stuck with an inaccurate version of events despite the efforts of Congress and the Justice Department to get to the bottom of it.

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

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

Medical Marijuana

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

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

Harm Reduction

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

Law Enforcement

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

Trump Drug Czar Nominee: Tough on Colombian Peasants and US Marijuana Users

President Trump will name Pennsylvania Congressman Tom Marino (R) to head the Office of National Drug Control Policy (ONDCP -- the drug czar's office), CBS News reported Tuesday. The White House gave no official comment, but sources told CBS that an official announcement would come soon.

Reported drug czar nominee Rep. Tom Marino (R-PA) (marino.house.gov)
Marino's legacy of legislative achievements around drug policy offers little comfort to reformers looking for signs that the "law and order" theme of the Trump administration may not be as bad as it sounds. Marino is a former prosecutor now in his third term in the House. His 2016 Transnational Drug Trafficking Act expands the ability of US prosecutors to use extraterritoriality to go after international drug traffickers, but while the law is touted as aiming at "kingpins," but observers south of the border have argued that the law "targets people on the lowest rungs of the trafficking ladder, i.e. Colombia's coca farmers." Marino has also been a reliable vote in opposition to marijuana reform in Congress.

Marino's rural congressional district has seen rising concern about heroin and opioids, and he serves on the House bipartisan committee combating the opioid epidemic. A bill he was an author and key supporter of in that area may suggest a more complex picture -- the 2016 Ensuring Patient Access and Effective Drug Enforcement Act, which supporters characterized as balancing the needs of patients, the pharmaceutical industry, and law enforcement, but which critics describe as a means of undercutting the DEA's ability to hold pharmaceutical drug distributors accountable for the diversion of large amounts of opioid pain relievers.

The ability of pain patients to have access to the drugs that can help them is a continuing -- and under-covered -- issue in the debate around prescription opioids. So is the ability of physicians to appropriately prescribe them within running afoul of regulatory authorities or even drug enforcement authorities. If Marino's bill reflects a concern with such issues, or a more general willingness to treat DEA pronouncements on such matters with skepticism, that could be useful. Conversely, however, the nation is also in the midst of a much more well-covered increase in the misuse of opioids. ONDCP has a role to play in promoting public health measures that can reduce overdoses and the risk of addiction. If Marino is too deferential to the preferences of big pharma lobbyists, while otherwise hooked on hard-line drug war approaches, opportunities to advance positive approaches for reducing the risks that go with opioids may be squandered.

In the fight over the 2016 Act, Marino, as chairman of the House Judiciary Committee on Regulatory Reform, clashed repeatedly with DEA Office of Diversion Control head Joseph Rannazzisi. In a 2014 conference call with congressional staffers, Rannazzisi warned that the bill, backed by a pharmaceutical industry lobbying campaign, would protect corporations engaged in criminal activity.

"[If t]his bill passes the way it's written we won't be able to get immediate suspension orders, we won't be able to stop the hemorrhaging of these drugs out of these bad pharmacies and these bad corporations," Rannazzisi recalled telling them. "What you're doing is filing a bill that will protect defendants in our cases."

Rannazzisi's opposition infuriated Marino, who ripped into the veteran DEA official's boss, then-DEA Administrator Michele Leonhart at a congressional hearing later that year.

"It is my understanding that Joe Rannazzisi, a senior DEA official, has publicly accused we sponsors of the bill of, quote, 'supporting criminals,' unquote" Marino said. "This offends me immensely."

A week later, Marino and Rep. Marsha Blackburn (R-TN) demanded that the Justice Department Office of the Inspector General investigate Rannazzis for "intimidating" members of Congress. Rannazzissi was replaced and retired in October 2015.

Marino's record is good enough for anti-marijuana crusader and former ONDCP advisor Kevin Sabet of Smart Approaches to Marijuana (Project SAM). "My understanding is that Tom has a deep understanding of the issue and is excited to get started," he enthused to CBS News.

But it's not good enough for anyone interested in a truly progressive approach to drug policy.

Chronicle AM: DOJ Reviewing MJ Policy, DEA Subpoenaed Over Snitch Program, More... (4/6/17)

A Justice Department review of marijuana policy is underway, congressional overseers subpoena the DEA over its snitch program, California's governor moves to reconicle the state's legal and medical marijuana programs, and more.

The DEA is in the hot seat with congressional investigators over its confidential informant program.
Marijuana Policy

DOJ Task Force is Reviewing Marijuana Policy. Attorney General Sessions issued a memo Wednesday saying that a task force on crime and public safety is reviewing federal marijuana policy and is charged with making initial recommendations by July 27. The task is reviewing ways to reduce violent crime and illegal immigration and is reviewing marijuana policy under that rubric.

California Governor Proposes Means of Melding Legal and Medical Marijuana Systems. Gov. Jerry Brown (D) on Tuesday released proposed legislation aimed at uniting the state's legal and medical marijuana regulatory systems. The draft language generally favors the less restrictive language of Prop 64, the state's successful marijuana legalization initiative. The Drug Policy Alliance, the California Cannabis Industry Association, the UFCW Western States Council, and the California Cannabis Manufacturers Association are all backing the draft language.

Alaska Regulators Punt (Again) on Onsite Consumption. The Marijuana Control Board was supposed to take up the thorny issue of permitting onsite consumption of marijuana Wednesday, but instead the board spent its meeting going through a backlog of license applications for production facilities and pot shops. "They really wanted to focus on approved applications at this meeting so people could get started with their businesses as we move into summer," said Erika McConnell, director of the Alcohol and Marijuana Control Board. "On site consumption was kind of the big time consuming issue that they pushed until the end and then we ran out of time." Onsite consumption decisions will now be pushed back until at least the May 15 meeting, she said.

Connecticut Legalization Bill Dead -- At Least for Now. A bill that would legalize marijuana, Senate Bill 11, appears dead in the water after it failed to make the agenda for a Friday meeting of the Senate Judiciary Committee. Reports are the bill, sponsored by Senate President Martin Looney (D-New Haven), was pulled because it didn't have enough votes to pass the committee. Legalization is not quite dead yet, though: The Looney bill or one of several other legalization proposals could still be attached as an amendment to another bill.

Virginia Commission to Study Decriminalization. The State Crime Commission decided on Wednesday that it will study marijuana decriminalization. The decision was made by the commission's executive committee.

Medical Marijuana

North Carolina Medical Marijuana Bill Filed. State Sens. Teresa Van Duyn (D) and Valerie Jean Fousher (D) filed Senate Bill 648 on Tuesday. Under the bill, patients could possess up to 24 ounces of marijuana and grow up to 250 square feet of their own medicine. The bill would also establish a system of licensed cultivation centers and dispensaries. It has been referred to the Committee on Rules and Operations.

Hemp

West Virginia Legislature Approves Industrial Hemp Bill. The Senate voted unanimously Wednesday to approve House Bill 2453, which would allow for the licensing of qualified producers and state institutions to grow hemp for industrial purposes. The bill passed the House last month and now heads to the desk of Gov. Jim Justice (D).

Asset Forfeiture

Arizona Asset Forfeiture Reform Bill Awaits Governor's Signature. Gov. Doug Ducey (R) is in a tight spot, caught between the wishes of legislators, who approved the asset forfeiture reform measure House Bill 2477, and county prosecutors, who are urging him to veto it. The measure would change Arizona's civil asset forfeiture laws to require prosecutors to prove property was involved in a crime by "clear and convicting" evidence, a step above the current standard. Gov. Ducey has said he thinks this is an area of law that needs reform, but hasn't said whether he would sign the bill into law.

Law Enforcement

DEA Gets Hit With Congressional Subpoenas Over Its Informant Program. Rep. Jason Chaffetz (R-UT), head of the House Oversight Committee, has subpoenaed the DEA for documents related to its confidential informant program. Congress members have been seeking copies of the guidelines since last year, when a Justice Department report detailed how DEA spent more than $200 million on informants with little oversight, but DEA has only allowed members to view the guidelines on-site. "Congress has a right to have this material," Chaffetz said, during an Oversight Committee hearing that he chaired on Tuesday morning. "It is unbelievable to me that you think we shouldn't have a copy of it," he told Deputy DEA Administrator Robert Patterson. Chaffetz then went next door to the House Judiciary Committee, where DEA Administrator Chuck Rosenberg was testifying, and issued a subpoena. "We are issuing a subpoena, and so I see no choice," he then told DEA chief Rosenberg. "The Department of Justice just doesn't get to hide things from the United States Congress," Chaffetz said, adding that there is evidence of "massive problems" in the program.

Chronicle AM: CA Faces Plethora of Pot Bills, NM Legalization Bill Advances, More... (2/6/17)

Marijuana-related legislation is moving in several states, the HIA is suing the DEA over hemp foods, Philippines Catholic bishops speak out against drug war killings, and more.

The Hemp Industry Association is suing the DEA (again) over hemp foods. (thehia.org)
Marijuana Policy

Alaska On-Site Consumption Not Dead Yet. Last Wednesday, the Marijuana Control Board shot down a proposal that would have allowed for Amsterdam-style cannabis cafes, but a day later, the state's Department of Economic Development clarified in a press release that the decision didn't amount to a permanent ban on such businesses. The department encouraged marijuana businesses that want to allow on-site consumption to continue filing relevant paperwork, even though there is not yet an alternative proposal to regulate businesses allowing on-site consumption.

After Legalization, California Faces a Plethora of Pot Bills. The passage of Prop 64 appears to have left as many questions as answers, and legislators in Sacramento are working to address them with at least nine bills filed already. The proposals range from efforts to reconcile the medical marijuana and legal marijuana regulatory systems to protecting non-union workers to helping pot businesses gain access to financial services and beyond. Click on the link to see the full list of bills and accompanying discussion.

New Mexico Legalization Bill Wins House Vote. The House Consumer and Public Affairs Committee voted to allow a legalization measure, House Bill 89, to keep advancing through the House. The committee made no recommendation for or against. The bill still faces to more committee votes before it can head for a House floor vote. "This is the one thing we can do this year that will instantly inject a massive amount of money into our economy and create jobs right away," said bill sponsor Rep. Bill McCamley (D-Mesilla Park).

New York Legalization Bills Filed. A pair of identical bills to legalize marijuana for adults and allow for legal, taxed, and regulated marijuana commerce have been filed in Albany. They are Senate Bill 3040, with Sen. Liz Krueger (D-Manhattan) as primary sponsor, and Assembly Bill 3506, with Assemblymember Crystal Peoples-Stokes (D-Buffalo) as primary sponsor.

Wyoming House Votes to Cut Pot Penalties. The House voted Saturday to approve House Bill 197, which would reduce the penalty for possession of three ounces of marijuana or less. The bill now moves to the Senate.

Medical Marijuana

Washington Bill to Allow Medical Marijuana Use at School Wins Committee Vote. The House Health Care and Wellness Committee approved "Ducky's Bill," House Bill 1060, last Friday on a 13-3 vote. The bill is named after an elementary school student who can only attend half-days of class because of intractable epileptic seizures. It would require school districts to allow students to use medical marijuana on school grounds, on a school bus, or while attending a school-sponsored event. A companion measure has been filed in the Senate, but has not moved yet.

Hemp

Hemp Industries Association Sues DEA Over Illegal Attempt to Regulate Hemp Foods as Schedule I Drugs. The Hemp Industries Association (HIA) has filed a motion to hold the Drug Enforcement Administration (DEA) in contempt of court for violating an unchallenged, long-standing order issued by the U.S. Court of Appeals in San Francisco, prohibiting the agency from regulating hemp food products as Schedule I controlled substances. Specifically, the HIA asserts that the DEA continues to operate with blatant disregard for the 2004 ruling made by the Ninth Circuit Court of Appeals, which permanently enjoined the DEA from regulating hemp fiber, stalk, sterilized seed and oil, which are specifically exempted from the definition of "marijuana" in the federal Controlled Substances Act.

Asset Forfeiture

Colorado Bill Would Close Federal Asset Forfeiture Loophole in Most Situations. A bipartisan group of four senators has filed Senate Bill 136, which would require state law enforcement to comply with extensive reporting requirements, but would also prohibit them from entering into agreements to transfer seized property to the federal government unless it amounts to more than $100,000. Law enforcement agencies use federal sharing programs to get around state laws aimed at reining in asset forfeiture procedures. The bill is now before the Senate Judiciary Committee.

Drug Testing

Colorado Companies Shedding Marijuana Drug Tests. The Associated Press is reporting that in the past two years, seven percent of Colorado companies have dropped marijuana from pre-employment drug tests. Would you test someone for alcohol or something like that I mean it's legal like alcohol is. Why would you test someone for marijuana especially if it's legal?" said one small business owner.

Rhode Island Random Welfare Drug Testing Bill Filed. State Sen. Elaine Morgan last Thursday filed a bill that would allow the Department of Human Services to conduct random, suspicionless drug tests on welfare recipients. The bill heads to the Senate Judiciary Committee. It has yet to appear on the legislative website.

International

Israeli Ministers Endorse Bill to Allow Medical Marijuana Exports. The Ministerial Committee on Legislation has endorsed a draft bill to allow the export of medical marijuana. That means the measure will now move forward as a government bill.

Tel Aviv Marijuana Legalization Demonstration Draws Thousands. As the Knesset and the Israeli cabinet ponder marijuana decriminalization, thousands of Israelis gathered in Tel Aviv Saturday night to call for full legalization. At least two Knesset members, Likud's Sharren Haskel and Meretz's Tamar Zandberg, were present.

Philippines Catholic Bishops Issue Pastoral Statement Condemning Drug War Killings. The Catholic Bishops Conference of the Philippines issued a pastoral statement Sunday expressing opposition to President Rodrigo Duterte's campaign of killings of drug users and sellers. The bishops called on Filipinos to follow the basic teaching of the Church. The full text of the statement is available at the link.

Chronicle AM: NFL Players Want Less Punitive MJ Approach, Israel MedMJ Research, More... (1/25/17)

NFL players want the league to ease up on weed, an Oregon bill seeks to declare a kratom "emergency" and study whether to ban it, the Israelis are funding medical marijuana research, and more.

Oregon is the second state this year to see moves toward banning kratom at the statehouse. It's happening in Florida, too.
Marijuana Policy

NFL Players Association Will Propose Less Punitive Approach to Pot. The NFLPA is working on a proposal to change the league's drug policy to take a softer line on marijuana. The association will take the proposal its board of representatives first, and if the board approves it, on to the league. Currently, players are subject to fines or suspensions for using marijuana, whether recreationally or medicinally.

Medical Marijuana

Arkansas Governor Signs Medical Marijuana "Fix" Bills. Gov. Asa Hutchinson (R) signed into law two bills aimed at modifying the state's new, voter-approved medical marijuana law. House Bill 1026 will extend the deadline for rulemaking from 120 days to 180 days, and House Bill 1058 removes the requirement that doctors certify in writing that the help benefits of marijuana would outweigh the risks to the patient.

Kratom

Oregon Bill Would Declare Emergency, Study Whether to Ban Kratom. The state Senate Interim Committee on the Judiciary has filed a measure, Senate Bill 518, which would declare a kratom "emergency" in the state and direct the state Board of Pharmacy to conduct a study to see if the plant and its derivatives should be scheduled as a controlled substance under state law. The DEA is currently weighing a similar move on the federal level, but has run into stiff opposition from users and advocates.

Heroin and Prescription Opioids

Maryland Governor Rolls Out Package to Fight Heroin. Gov. Larry Hogan (R) unveiled a package of proposals to deal with heroin and prescription opioid use in the state. He wants strict limits on doctors' ability to write prescriptions for opioids, stiff penalties for sellers of those drugs, and a new "command center" to coordinate the official response. In other states where such measures have been proposed, doctors have objected loudly to politicians placing legal limits on the care they provide. Democrats in the legislature are working on their own package of measures, but have released no details.

Drug Testing

New York Bill Would Require Drug Testing Children Whose Parents Get Arrested for Drugs. A bill named after an infant who died of a drug overdose would require hair follicle testing of children if their parent or guardian has been arrested on a drug charge. Kayleigh Mae's Law is not yet on the legislative website. Kayleigh Mae Cassell was found to have been given cocaine and heroin by her mother and live-in boyfriend, both of whom have pleaded guilty in her death.

International

Israel Will Fund Research for Medical Marijuana Crops. The Ministry of Agriculture and Rural Development will fund medical marijuana research in what it says is a pioneering step to aid researchers in developing a new generation of medical marijuana products. The ministry and the Health Ministry have allocated $2.1 million US for the project.

Medical Marijuana Update

The Hemp Industries Association takes on the DEA over its new coding rule for CBDs, state legislators are busily messing with successful medical marijuana initiatives, and more.

National

Last Friday, the HIA sued the DEA over CBD. The Hemp Industries Association filed a judicial review action against the DEA last Friday over the agency's new rule establishing coding for marijuana derivatives such as CBD cannabis oil. The DEA overstepped its bounds and put at risk a booming cannabis and hemp industry, the suit alleges.

Arkansas

Arkansas House Approves Medical Marijuana Delay. The House voted Tuesday to approve a proposal that would delay implementation of the state's new medical marijuana law. The measure is House Bill 1026. The bill bumps back a 120-deadline from Election Day for the state to issue dispensary and cultivation licenses to 180 days.

Florida

Florida Regulators Issue Draft Medical Marijuana Rules; Initiative Backers Cry Foul. On Tuesday, regulators issued draft medical marijuana rules that had initiative sponsors crying foul. State health officials released draft rules for the state's voter-approved medical marijuana program, but that draft largely leaves current vendors with a stranglehold on the state's industry by applying current laws to the constitutional amendment approved in November, and that isn't sitting well with the people who sponsored the Amendment 2 initiative. "The rule is basically ignoring the text of the constitutional amendment at almost every point of the way," said Ben Pollara, campaign manager of the political committee backing the amendment. The health department will hold public hearings to take input on the rule during the second week of February, with meetings in Jacksonville, Fort Lauderdale, Tampa, Orlando and Tallahassee.

Georgia

Georgia House Forms Medical Marijuana Study Committee. House Speaker David Ralson (R-Blue Ridge) announced Wednesday that a medical marijuana study committee had been formed with Rep. Allen Peake (R-Macon) as its chair. Peake is the author of the state's current limited medical marijuana law and has already announced plans for legislation this year.

North Dakota

North Dakota Senate Approves Medical Marijuana Delay Bill. The state Senate voted 45-0 Tuesday to approve Senate Bill 2154, which would delay some provisions of the state's voter-approved medical marijuana law. Senate leaders said the delay is necessary to develop rules and regulations for the program. The bill now goes to the House.

Wisconsin

As of Monday, Democrats were working on a medical marijuana bill. State Sen. Jon Erpenbach (D) and Rep. Chris Taylor (D) are circulating a medical marijuana after Republican Assembly Speak Robin Vos said he would be open to the idea. Republicans control both houses of the state legislature, and Senate Majority Leader Scott Fitzgerald is not in favor. The Democratic pair have until January 26 to come up with cosponsors and file the bill.

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

Stingray: Privacy, Surveillance, the War on Drugs, and Your Phone [FEATURE]

special to Drug War Chronicle by independent investigative journalist Clarence Walker, cwalkerinvestigate@gmail.com

Raymond Lambis is a free man -- at least for now.

He was looking at 10 years to life on federal drug charges, but the case was built on a controversial technology -- "Stingray" -- and in a precedent-setting 2016 decision widely celebrated by legal experts and privacy advocates, a federal judge ruled that use of the device without a search warrant violated the Fourth Amendment's proscription against unreasonable search and seizure.

The decision -- and the technology -- has implications that go far beyond the shadowy world of drug dealers and DEA agents. Stingray is a generic term for a cell-site simulator, a device that can mimic cell towers as a means of tracking down cell phones. Law enforcement can use Stingray to pick up phone calls, voicemail messages, and text messages, and to pinpoint the physical location of a targeted phone to within a few feet.

In the Lambis case, federal prosecutors argued that they didn't need a warrant to use the wide-ranging Stingray, but federal district court Judge William H. Pauley shot them down.

"Absent a search warrant," Judge Pauley held in his 14-page opinion, "the government may not turn a citizen's cell phone into a tracking device."

But that's exactly what DEA agents did to build their case against Lambis. They used Stingray to locate his cell phone inside his family residence, then conducted a warrantless search of his bedroom and uncovered a large amount of cocaine.

Federal prosecutors had a fallback argument -- that even if a warrant were necessary to track Lambis' phone, once his father gave agents at his door permission to enter and Lambis then "consented" to a search, the search should be allowed -- but Pauley wasn't having that, either.

"The procurement of a 'voluntary' consent to search based upon a prior illegal search taints that consent," he held.

US District Court Judge William H. Pauley
But if federal prosecutors have their way, the DEA and other federal agents will be able to do it again. In September, prosecutors from the US Attorneys Office for the Southern District of New York filed an appeal of Pauley's decision with the US 2nd Circuit Court of Appeals.

"We're obviously disappointed about that," Lambis' attorney Alan Seidler told Drug War Chronicle.

So is the Electronic Frontier Foundation. Rebecca Jeschke, a digital rights analyst for the group, told the Chronicle that if the government wins on appeal, everyone's privacy will be eroded.

"As we use cell phones more and more, a successful appeal will touch nearly every American," she said.

A successful appeal would be salt in the wounds of legal scholars and privacy advocates who hailed Pauley's forceful decision in Lambis as a major victory against warrantless surveillance by the government.

"This is the first federal ruling I know of where a judge squarely ruled that the Fourth Amendment required police to get a warrant to use a Stingray, and further, suppressed evidence derived from warrantless use of the technology," ACLU Attorney Nathan Wessler told the New York Times at the time. "After decades of secret and warrantless use of Stingray technology by law enforcement to track phones, a federal judge has finally held authorities to account."

According to an ACLU report, at least 60 state, local, and federal law enforcement agencies in 23 states have used Stingray to suck up citizens' cell phone data.

Stingray in the Lambis Case

According to court documents, the trail to Raymond Lambis' front door began with a DEA investigation into an alleged drug pipeline importing large amounts of cocaine from South America beginning in early 2015. DEA agents obtained a wiretap warrant to glean information about the numbers dialed from a specific cell phone.

After agents obtained the warrant, they monitored messages off a Blackberry between two suspected drug traffickers. During one particular conversation agents overheard a voice referring to someone named "Patilla," whose phone had a 646 area code.

Messages between Patilla and the other, unnamed party indicated that Patilla could supply hydrochloric acid, which is used by traffickers in the heroin-refining process. DEA agents then got a warrant to order the phone company to provide "approximate location," or "cell-site location information" (CSLI).

A frequent complaint of defense attorneys and privacy advocates has been that law enforcement, and DEA agents in particular, will mislead judges into thinking the warrant they sign off on is to get specific cell-site information from a carrier when what agents are really doing is using Stingray to locate a person's phone or actual address. As the Chronicle reported in 2013, "The Stingray technology not only raises Fourth Amendment concerns, it also raise questions about whether police withhold information from judges to monitorcitizens without probable cause.That's what happened in Lambis.

In the Lambis case, DEA Special Agent Kathryn Glover obtained a warrant seeking cell-site data and location information for that 646 phone, but did not tell the judge DEA would be using Stingray to conduct a search to pin down Lambis' exact location.

"So they went to the effort to get a warrant, but then didn't tell the judge they intended to use that same warrant to use a Stingray," ACLU technology specialist Christopher Soghoian told Ars Technica. "It is so important for federal courts to recognize that use of a Stingray is a search of a Fourth Amendment-protected place, and not only is a warrant required, but the court authorizing the surveillance must be told they are authorizing the use of a Stingray."

But the phone carrier's CSLI data, which Agent Glover said in her warrant application would be used to track down the 646 phone, only guided DEA agents to the "general area" of Broadway and 177th Street in Manhattan. To pinpoint the 'house or building where the phone most likely resided with its owner the DEA unleashed Stingray to first zero in on the exact building and then on the exact apartment.

A DEA technician using a hand-held Stingray walked through the building until he picked up the strongest signal -- coming from inside the Lambis apartment. Then, DEA agents knocked on the door, and Lambis' father allowed the gun-toting agents inside. When agents asked if anyone else lived there, the elderly man knocked on his son's door, and Lambis opened it up only to be confronted by the DEA.

Faced by the agents in his home, he then consented to a search of his bedroom, where agents discovered a kilo of cocaine, empty ziplock bags, a scale, and eight cell phones. He was charged with possession of cocaine with intent to distribute and other drug-related charges. It was Lambis' defense motion to throw out that evidence as a result of an unlawful search that led to Pauley's ruling.

The States Aren't Waiting for the Federal Courts

The courts aren't the only place Stingray is running into headwinds. Thanks to decisions like that in the Lambis case, some states have begun passing privacy legislation aiming at protecting citizens' cell phone data from warrantless searches by Stingray or similar cell-site simulators used by police. Among them are California, Illinois, Minnesota, Rhode Island, Virginia, and Washington.

"Citizens have the right to expect that they will not have their personal information investigated by police without a warrant," said Rep. Edith H Ajello (D-Providence) after passage of a 2016 Rhode Island bill that prohibits obtaining cell phone data by cell-site technology.

"Requiring a warrant won't make it difficult for police to do their job," concurred Sen. Donna Nesselbush (D-North Providence). "It's essentially updating search warrant law for the information age."

"As advances in technology enable police to more efficiently investigate and solve crimes, it's important that we help them to know they are following state laws and the Constitution," said Illinois Sen. Daniel Bliss (D-Evanston) upon passage of similar legislation there in 2016. That law, the Citizen Privacy Protection Act, went into effect January 1.

While the states aren't waiting for the federal courts to provide protections, the Lambis decision and related controversies over Stingray technology have created such a firestorm that the Justice Department and the Department of Homeland Security are now requiring agents to obtain a warrant before using Stingray in investigations. But that could change if the appeals court rules in the government's favor. Stay tuned.

Journalist Clarence Walker can be reached at cwalkerinvestigate@gmail.com.

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