Legalization

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Chronicle AM: MO Tech School Drug Testing Victory, AZ MedMJ DUID Victory, More... (12/23/16)

A federal appeals court sharply restricts mandatory drug testing at a Missouri technical college, an Arizona appeals court says prosecutors must actually prove impairment before convicting medical marijuana patients of DUID, the DEA seems to be a bit less busy than in years past, and more.

DEA is doing a little less of this these days, according to federal conviction numbers. (dea.gov)
Marijuana Policy

Connecticut Senate Leader Prioritizes Marijuana Legalization Bill. Marijuana legalization is a key part of state Senate President Martin Looney's (D-New Haven) legislative agenda for the session beginning next month. He has pre-filed a legalization bill that would legalize pot and tax its sale in a manner similar to Colorado as part of a 10-bill package representing his priorities. The bill is not yet available on the legislative website. The move comes despite Gov. Dannel Malloy's (D) rejection of legalization earlier this month and could set up a veto battle if the bill actually passes.

Medical Marijuana

Arizona Appeals Court Rules State Must Prove Patients Were Actually Impaired By Marijuana Before Convicting Them of DUID. Medical marijuana users can't be convicted of DUID solely for having marijuana in their systems absent proof they were actually impaired, the court ruled Thursday. Arizona is a zero-tolerance DUID state, and that's a problem, the judges said. "According to evidence here, there is no scientific consensus about the concentration of THC that generally is sufficient to impair a human being,'' appellate Judge Diane Johnsen wrote. The court also clarified that it is up to the state to prove impairment, not up to the defendant to disprove it. The ruling comes just two days after another division of the appellate court blocked Maricopa County Attorney Bill Montgomery in his bid to cite federal prohibition as a reason to refuse zoning requests for dispensaries.

Drug Testing

Missouri Technical College Can't Force Student Drug Tests, Appeals Court Rules. The State Technical College of Missouri violated the Constitution by forcing incoming students to submit to a drug test, the 8th US Circuit Court of Appeals has ruled. The school instituted the policy in 2011 despite no evidence of accidents being caused by drug use and required students to take a drug test within 10 days of the start of classes. Students shortly filed a class action lawsuit, which won in district court, but was overturned by a three-judge panel of the 8th Circuit. But now, that decision has been overturned by the 8th Circuit en banc, which held that drug testing can only be required in "safety-sensitive" programs.

Wisconsin Lawmaker Backs Away From Proposal to Impose High School Drug Testing. Rep. Joel Kleefisch (R-Oconomowoc) is retreating from a proposal to require school district to drug test student involved in extracurricular activities after the notion was panned by critics including Republican Gov. Scott Walker, who has no problems imposing drug testing on poor people. Now Kleefisch says he will instead ponder legislation that would require school districts to provide a way for parents to voluntarily have their children drug tested.

Law Enforcement

DEA Drug Convictions Continue to Drop. The Transactional Records Access Clearinghouse (TRAC) reports that convictions for drug cases referred by the DEA continue a 10-year decline. During Fiscal Year 2016, federal prosecutors won 9,553 criminal convictions on cases referred by the DEA. That's down 7.1% from the previous year, down 25% from five years ago, and down 35% from 10 years ago. TRAC notes that the decline in convictions is the result of fewer referrals by the DEA, not a lowered conviction rate, which has held steady.

Chronicle AM: DEA Brass Move to Pharma, Indonesia Top Narc Wants to Kill Users, More... (12/22/16)

Top DEA officials have left the agency for positions with opioid-producing pharmaceutical companies, Pennsylvania's roll-out of medical marijuana starts rolling, Oregon's largest city will allow pot delivery services, and more.

Dozens of DEA officials have put down the badge to pick up big bucks from Big Pharma.
Marijuana Policy

New Hampshire Legislators Will Try Again to Legalize It Next Year. After years of frustration, state Senate Minority Leader Jeff Woodburn (D-Dalton) says next year is the best chance yet for legalization. Woodburn says he is drafting a two-part bill, with the first part essentially legalizing possession, cultivation, and sales by removing all criminal penalties and the second part setting up a study committee to put together a regulatory system for an adult use market by 2019 or 2020. A new governor, John Sununu, Jr., may ease the way. Unlike his Democratic predecessor, Maggie Hassan, Sununu has shown an openness to considering reforms.

Portland, Oregon, Okays Delivery Services. The city council voted Wednesday to approve "marijuana couriers" and other marijuana-related "micro-businesses" as a means of removing financial barriers for would-be entrepreneurs. Portland is the only city in the state to have approved pot delivery services.

Medical Marijuana

Arizona Prosecutor Will Appeal Ruling Telling Him Not to Obstruct Medical Marijuana Businesses. Maricopa County (Phoenix) Attorney Bill Montgomery said Wednesday he will ask the state Supreme Court to review a ruling a day earlier from the Court of Appeals that rejected his argument that federal law preempts the state's medical marijuana and approve zoning for a medical marijuana dispensary in Sun City. He said the ruling against him undermines federalism and the "fundamental principle of the rule of law."

Pennsylvania Will Issue 27 Dispensary Permits in First Phase of Program Roll-Out. The state will authorize up to 27 dispensary permits during a process that begins with applications opening in mid-January and able to be submitted between February 20 and March 20. Each dispensary is allowed two secondary locations, meaning up to 81 medical marijuana shops could open in this first phase. The state medical marijuana law allows for up to 50 dispensary permits to be issued. State officials said they expected dispensaries to be open for business by mid-2018.

Heroin and Prescription Opioids

Dozens of Top DEA Officials Leave to Go to Work for Opioid Pharmaceutical Companies. It's the revolving door at work: Dozens of DEA officials have been hired by pharmaceutical companies that manufacture or distribute opioid pain medications, most of them directly from the DEA's diversion division, which is responsible for regulating the industry. The hires come in the midst of a DEA crackdown to curb rising opioid use. "The number of employees recruited from that division points to a deliberate strategy by the pharmaceutical industry to hire people who are the biggest headaches for them," said John Carnevale, former director of planning for the White House's Office of National Drug Control Policy, who now runs a consulting firm. "These people understand how DEA operates, the culture around diversion and DEA;s goals, and they can advise their clients how to stay within the guidelines."

Drug Testing

Wisconsin Governor Doesn't Want to Drug Test Students, Just Poor People. Gov. Scott Walker (R) said that while he wants to fight opioid use, he doesn't think drug testing high school students is a high priority. "There are plenty of ideas that have come up, but this isn't one of them," he said in reference to a bill filed by Rep. Joel Kleefisch (R-Oconomowoc). He is down with forcing people on food stamps to undergo drug tests, though.

International

Indonesia Anti-Drug Chief Says Drug Dealers and Users Should Be Shot. Taking a page from Philippines President Rodrigo Duterte, Budi Waseso, head of the National Narcotics Agency, has called for the killing of drug dealers and users. "Don't hesitate to shoot drug traffickers, drug dealers and drug users. Anyone involved in drug trafficking should be punished harshly, including traitors in the BNN [National Narcotics Agency] body. "Drug dealers have been all out in their efforts to market drugs. We have to be all out as well to fight them," said Budi, adding that the agency is already cooperating with the military to tackle drug-related crimes. "For the military, I think the word war can already be interpreted. Let's together clear these drugs for the sake of future generations," added Budi.

Chronicle AM: Joe Manchin Wants New Drug War, AZ&MI Appeals Courts Rule for MedMJ, More... (12/21/16)

West Virginia Senator Joe Manchin (D) calls for a new war on drugs and gets roundly ridiculed for it, appeals courts in Arizona and Michigan issue favorable medical marijuana rulings, a Missouri bill would end the asset forfeiture loophole that lets state police circumvent tough state laws by going to the feds, and more.

Medical marijuana saw court victories in Arizona and Michigan this week. (Creative Commons/Wikimedia)
Marijuana Policy

California Bill Would Ban Bud Billboards. Over the past year, billboards advertising marijuana products and businesses have popped up all over the state, but now, some lawmakers want to impose strict limits on marijuana advertising. Assemblyman Rob Bonta (D-Oakland) is one of the sponsors of Assembly Bill 64, which would bar ads that could be seen by minors "We have legal adult use and medical use, and we want to make sure that advertising hits the target audience as much as possible and doesn't slip beyond that," Bonta said. "We want to target adults and patients and not the broader audience that includes kids and carpools and school buses and families." The bill would require a two-thirds majority to pass because it would amend Proposition 64.

Medical Marijuana

Arizona Appeals Court Rules Local Officials Can't Use Fed Law to Hassle Dispensaries. In a unanimous decision, the state Court of Appeals ruled Tuesday that local officials can't use the federal ban on marijuana to refuse to provide zoning for dispensaries. Maricopa County Attorney Bill Montgomery (R) had no legal basis to claim that federal law trumps the state's voter-approved medical marijuana, the court held.

Arkansas Regulators Set Number of Commercial Grows at Five. The state Medical Marijuana Commission voted Tuesday to allow up to five commercial cultivation centers in the state. The Arkansas Medical Marijuana Amendment, approved by voters last month, specified that there could be between four and eight centers; the commission opted to start on the low end. Grows won't start, however, until rules about growing, processing, and distribution are finalized.

Michigan Appeals Court Rules Medical Marijuana Law Protects People Transporting It. The state Court of Appeals ruled Tuesday that the state's medical marijuana law extends to people accused of illegally transporting it. A state law written after voters approved medical marijuana, requires that it be stored in the trunk or other inaccessible part of the vehicle, but the court held that law is invalid because it imposes additional requirements on medical marijuana users.

Heroin and Prescription Opioids

West Virginia Democratic Senator Calls for "War on Drugs" to Fight Opioid Crisis. Sen. Joe Manchin (D-WV) said Tuesday a new "war on drugs" in necessary to combat rampant opioid use, sparking immediate ridicule on Twitter and other social media. "We need to declare a war on drugs," Manchin said on CNN when asked what President-elect Donald Trump should do about the opioid situation. Manchin added that he has met addicts who started out smoking marijuana but ended up taking prescription drugs and then moving on to heroin. "It's just been unbelievable," he said. But it was Manchin's resort to last-century tropes that the Internet found unbelievable. Taking on his call for a new drug war, one Twitter user responded, "If only someone would have thought to do that, say, 30 or 40 years ago. Genius!!"

Asset Forfeiture

Missouri Asset Forfeiture Reform Bill Filed. State Rep. Shamed Dogan (R-St. Louis) has pre-filed House Bill 231, which would close a loophole that allowed state and local police to circumvent tough state asset forfeiture laws by turning cases over to the feds. The bill would prohibit such behavior unless the amount involved was more than $100,000 cash.

Chronicle AM: New MI MedMJ Laws Now in Effect, GOP Welfare Drug Testing Push, More... (12/20/16)

The legislative season is getting underway in the states and good and bad bills are starting to pop up, Michigan finally gets explicitly allowed dispensaries, Wisconsin's GOP governor wants Trump to rid him of pesky federal regulations that block him from drug testing food stamp recipients, and more.

GOP governors and legislators continue to demand welfare drug testing, despite lack of results. (Creative Commons/Wikimedia)
Marijuana Policy

Arizona Legalization Bill Filed. Just weeks after a legalization initiative was narrowly defeated by voters, a state representative is ready to give it a shot in the legislature. Rep. Mark Cardenas (D-Louisville) has pre-filed House Bill 2003, which would allow people 21 and over to possess up to an ounce of marijuana, grow up to five plants and keep the fruits of the harvest, and establish a recreational marijuana industry.

Medical Marijuana

Michigan's New Medical Marijuana Laws Now in Effect. New state laws that will explicitly allow for dispensaries, regulate growing and processing facilities, and allow patients to use non-smokable forms of the drug are in effect as of today. "This new law will help Michiganders of all ages and with varying medical conditions access safe products to relieve their suffering," Gov. Rick Snyder (R) said after signing the bills back in September. "We can finally implement a solid framework that gives patients a safe source from which to purchase and utilize medical marijuana."

Drug Testing

Texas Solons Introduce Welfare Drug Testing Bills. State Sen. Jane Nelson (R-Flower Mound) has filed Senate Bill 268, which would mandate drug screening for applicants in the Temporary Assistance for Needy Families (TANF) program and drug testing for those deemed at risk during the screening, have a felony record, or have previously tested positive for drug use. A companion bill has been filed in the House. Similar bills have been a regular feature of deliberations in Austin for the past several years, but have not gotten through the legislature.

Wisconsin Governor Wants Trump to Let Him Drug Test Food Stamp Recipients. Gov. Scott Walker (R) has written a letter to incoming President Donald Trump asking him to give the state more authority to require the drug testing of adults on food stamps, among other policy preferences. Federal law does not allow states to impose drug tests on recipients of Supplemental Nutrition Assistance Program benefits, better known as food stamps.

International

Copenhagen Tries Yet Again to Legalize Weed. For the fourth time, Denmark's largest city has formally requested permission to carry out a pilot marijuana legalization program where sales are handled exclusively by public authorities. The Danish government has so far been immune to the city's entreaties, but it could finally be softening. Just last month, it approved a medical marijuana trial program.

Chronicle AM: US Cuts Philippines Aid Over Killings, Montreal Pot Shops Open, More... (12/16/16)

The US moves -- again -- to signal its displeasure with Philippines drug war killings, a marijuana descheduling petition could use your help, easy-access naloxone comes to Georgia, and more.

Standing in line to buy weed at Cannabis Culture in Montreal. Marc and Jodie Emery aren't waiting for the government. (Twitter)
Marijuana Policy

Petition to Deschedule Marijuana Needs Your Signature. The medical marijuana group Patients Out of Time has organized a Change.org petition urging President Obama to direct Attorney General Loretta Lynch to immediately deschedule marijuana. If the petition garners 100,000 signatures by January 9, the White House will respond. The petition currently has slightly more than 6,000 signatures.

Medical Marijuana

Ohio Pharmacy Board Issues Draft Rules for Dispensaries. The board has issued proposed rules governing medical marijuana distribution in the state. The rules envision up to 40 dispensaries operating, with applicants having to show they have at least $250,000 in liquid assets. Applicants would have to pay a $5,000 non-refundable application fee, and if approved, would have to pay an $80,000 annual fee. Dispensaries would also have to pay a $100 fee for each advertisement, which would have to be approved by the board. The rules are open for comment until January 13. The Board of Pharmacy is one of three state agencies tasked with regulating the nascent industry. The State Medical Board has already released rules for doctors, and the Commerce Department is charged with regulating growers and processors.

Heroin and Prescription Opioids

Georgia Governor Clears Path for Over-the-Counter Naloxone. Gov. Nathan Deal (R) Wednesday asked the state Department of Public Health to deregulate the opioid overdose reversal drug naloxone (Narcan), which would allow pharmacies to distribute the life-saving medication without a prescription. The state Board of Pharmacy has already removed naloxone from its dangerous drugs list. "Naloxone is a powerful weapon in the fight against the increasing epidemic of opioid abuse that poses a threat to public health in Georgia," DPH Commissioner Brenda Fitzgerald, M.D., said in a statement. "The governor's decisive action to make this drug accessible to anyone in a position to assist persons at risk of overdose will save countless lives."

International

US Defers Economic Aid to Philippines Over Drug War Killings. The US Embassy in Manila announced Thursday that it is holding up foreign economic assistance to the country because of "significant concerns around the rule of law and civil liberties in the Philippines" related to President Duterte's ongoing murderous campaign against alleged drug users and sellers. So far, some 6,000 have reportedly been killed in the purge since Duterte took office six months ago. The US had previously halted anti-drug training assistance and blocked the planned sale of some 26,000 assault rifles to the country.

Saudis Order Foreigners Wanting to Marry Saudi Women to Undergo Drug Tests. Under a newly announced law, foreigners wanting to marry Saudi women will have to pass a drug test before being married. "A drug test has been added to the compulsory marital medical test for foreigners seeking marriage with Saudi women," Mishaal Al-Rabian, head of communications and PR at the Ministry of Health explained. "The drug test is only for foreigners and, the test has been applied since the issuance of the circular a few months back." The move is being taken to discourage marriage with foreigners, to repress drug use, and to reduce divorce rates, officials said.

Marc and Jodie Emery Aren't Waiting to Open Montreal Pot Shops. Even though marijuana is still illegal in Canada, activists Marc "Prince of Pot" Emery and wife Jodie opened six retail marijuana outlets in Montreal Thursday. The stores carry the Emerys' Cannabis Culture brand. Local officials are vowing to shut them down, but in the meantime, business is brisk.

In Legal Marijuana States, Consumers Are Turning to Buds Over Beer

A new industry study says access to legal marijuana is having a negative impact on beer sales. That's bad news for the brewing industry, but good news from a public health perspective.

According to the industry site Brewbound, the research firm Cowen & Company analyzed the beer industries in Colorado, Oregon, and Washington -- three states that have recreational pot shops -- and found that their beer markets have "collectively underperformed" in the past two years.

The "magnitude of the underperformance has increased notably" as beer volumes have dropped more than 2% year-to-date in the trio of pot states, with big mainstream brewers like MillerCoors and Anheuser-Busch InBev seeing the biggest declines, with volumes down 4.4%. Craft beers have done a little better, but are down, too, seeing a 2.2% drop.

"While [marijuana] retail sales opened up in these markets at different points of time, with all three of these states now having fully implemented a retail infrastructure, the underperformance of beer in these markets has worsened over the course of 2016," wrote Vivien Azer, Cowen and Company's managing director and senior research analyst.

That's not exactly a shock, Azer wrote, since government survey data has shown "consistent growth in cannabis incidence among 18-25 year olds" in those three states at the same time that age group has seen declines "in alcohol incidence (in terms of past month use)." The change is most evident in Denver, one of the centers of the legal pot culture, where beer volumes have dropped 6.4%.

Numbers like these, if they continue, should soothe the concerns of public health advocates and academics worried that legal marijuana could complement alcohol use instead of substitute for it. Would legal pot mean more drinking or less? If legal pot meant increased alcohol consumption, with all its dangers, that would be a bad thing from a public health perspective. But if legal pot leads to less alcohol consumption, such problems can be alleviated.

And this bad news for the brewing industry suggests it does. It's not the only evidence suggesting a substitution effect, either.

In a review in the Journal of Policy Analysis and Management, Montana State University economist D. Mark Anderson and University of Colorado economist Daniel Rees reported that "studies based on clearly defined natural experiments generally support the hypothesis that marijuana and alcohol are substitutes."

They pointed to one study that found a higher drinking age increases teen pot consumption and that pot smoking drops off sharply at 21, when alcohol becomes legal, "suggesting that young adults treat alcohol and marijuana as substitutes."

Maybe we need to start talking about the public health benefits of marijuana legalization.

Chronicle AM: Marijuana Legal in MA Thursday, Canada Moving Forward, More... (12/13/16)

There's a lot of international news today, plus Colorado pot sales pass the $1 billion mark this year, Massachusetts politicians get out of the way of legalization, and more.

Philippines President Duterte isn't satisfied with mass killing of drug suspects. He wants the death penalty, too. (Wikimedia)
Marijuana Policy

Colorado Marijuana Sales Hit $1 Billion Mark This Year. The state Department of Revenue reports that marijuana sales through October exceeded the billion dollar mark, coming in at $1.09 billion. That figure could hit $1.3 billion by year's end, according to marijuana industry attorney Christian Sederberg.

Massachusetts Officials Won't Delay Marijuana Legalization. Possession of small amounts of marijuana will become legal Thursday. There had been fears of a delay after loose talk in the legislature, but legislative leaders made it clear Monday they will not seek to delay the start of the new law.

Medical Marijuana

Arkansas Medical Marijuana Commissioners Sworn In. In the first meeting of a commission established to create a state medical marijuana system after voters approved a constitutional amendment last month, five commissioners were sworn in. The members of the state Medical Marijuana Commission are Dr. Ronda Henry-Tillman of Little Rock, lobbyist James Miller of Bryant, Dr. Carlos Roman of Little Rock, pharmacy executive Stephen Carroll of Benton and attorney Travis Story of Fayetteville. Henry-Tillman was unanimously elected Monday afternoon as the commission's chairman.

Kentucky Medical Marijuana Bill Filed. State Sen. Perry Clark (D-Louisville) has filed the Cannabis Compassion Act of 2017 (BR 409), which would allow patients with a specified list of diseases and medical conditions access to their medicine. The bill would allow patients to possess up to three ounces and grow up to 12 plants and envisions a system of regulated cultivators and "compassion centers."

Michigan Medical Marijuana Fees Fund State's War on Drugs.Medical marijuana fees have fattened the Michigan Medical Marijuana Fund, and state law enforcement has been tapping into that fund to aggressively go after marijuana. Local sheriffs in the Detroit area have spent more than $600,000 raiding dispensaries in the past year, and there's more where that came from since the fund has raised $30 million. "I really don't think it's appropriate to fund law enforcement on the backs of medical marijuana patients," medical marijuana attorney Matt Abel told the Detroit News. "… It's really a hidden tax on patients."

International

Canada Marijuana Task Force Advises Wide-Ranging Legalization. The task force charged with shaping the country's looming marijuana legalization has recommended that pot be sold in retail stores and by mail order, that possession of 30 grams and cultivation of four plants be legalized, that the minimum age be set at 18, and that pot not be sold along with alcohol. The commission is also recommending that high-potency products be more heavily taxed to discourage their use. The Liberals are expected to file their legalization bill this coming spring.

Canada Releases New Comprehensive Drug Strategy. Health Minister Jane Philpott Monday unveiled the Canadian Drug and Substances Strategy, which will replace the existing National Anti-Drug Strategy of the Conservatives. The new strategy restores harm reduction as a core pillar of Canadian drug policy, along with prevention, treatment, and law enforcement, and insists on a "strong evidence base."

British Drug Advisers Call for Prescription Heroin, Safe Injection Sites. The official Advisory Council on the Misuse of Drugs has recommending allowing hard-core heroin users to get the drug via prescription and called for the opening of supervised injection facilities. Both moves come as a response to a soaring number of drug overdose deaths. "The ACMD is of the view that death is the most serious harm related to drug use," commission head Les Iversen said in a letter to the Home Secretary. "The most important recommendation in this report is that government ensures that investment in OST [opioid substitution therapy] of optimal dosage and duration is, at least, maintained," he added.

Philippines Drug War Death Toll Nearing 6,000. According to statistics released Monday by the Philippines National Police, some 5,927 deaths have been linked to President Rodrigo Duterte's war on drugs since he took office at the beginning of July. Nearly 2,100 were killed in police operations, while more than 3,800 deaths were blamed on vigilantes or death squads.

Effort to Block Philippines Death Penalty Bill. In addition to widespread extra-judicial executions of drug suspects, President Duterte wants to reinstate the death penalty, including for drug offenses. ASEAN Parliamentarians on Human Rights is leading the campaign against the bill and wants people to contact Philippines lawmakers. Click on the link for more info.

Chronicle AM: Opioid ODs Keep Rising, More Vancouver SIJs, More DC "Smoke Sessions", More... (12/9/16)

Trump's anti-marijuana attorney general pick gets a surprise visit from DC activists, the CDC announces that opioid OD deaths went up again last year, British Columbia expands its safe injection site program, and more.

Marijuana Policy

DC Activists Visit Sessions' Office, Offer Free Weed. As part of their #SmokeSessions campaign to defeat the nomination of Trump's attorney general pick, activists from the DC Cannabis Campaign, the same group that led the DC legalization campaign, visited the offices of Sen. Jeff Sessions (R-AL) Thursday, carrying marijuana with them as they went. Sessions staffers listened to arguments against prohibition and stories about medical benefits and did not call Capitol Police to arrest the federal lawbreakers, leading organizer Adam Eidinger to ask: "If you're not going to arrest people in your own office who bring marijuana… why would you break down people's doors as a federal policy?"

Hemp

Missouri Hemp Bill Filed. State Sen. Rob Schaaf (R-St. Joseph) has pre-filed a bill that would authorize commercial hemp farming, production, and sale, and does not require growers to get federal permission to grow their crop. The measure is SB120. The legislative session starts next month.

Heroin and Prescription Opioids

Opioid Deaths Surpassed 30,000 Last Year. The Centers for Disease Control and Prevention (CDC) released data Thursday showing the opioid overdose deaths had surpassed 30,000 for the first time in recent history last year. That's up nearly 5,000 deaths over 2014. And for the first time since the 1990s, more people died from heroin overdoses than prescription opioid overdoses. "The epidemic of deaths involving opioids continues to worsen," said CDC Director Tom Frieden in a statement. "Prescription opioid misuse and use of heroin and illicitly manufactured fentanyl are intertwined and deeply troubling problems."

Asset Forfeiture

Institute of Justice Sues Border Patrol, IRS Over Asset Forfeiture FOIA Records. The libertarian-leaning Institute of Justice filed a federal lawsuit Thursday against the Border Patrol and the IRS, saying the two agencies are violating the Freedom of Information Act (FOIA). The IRS demanded $750,000 to turn over asset forfeiture records, while the Border Patrol denied the FOIA request, first claiming it was "overbroad" and then saying to do so would reveal law enforcement techniques. "The lack of transparency surrounding forfeiture is deeply troubling, especially considering the vast power law enforcement has to take property from people without so much as charging them with a crime," The Institute for Justice's research director Lisa Knepper said in a press release announcing the suit. "The public ought to know how forfeiture is being used."

Ohio Asset Forfeiture Reform Bill Heads to Governor's Desk. A bill that would require the filing of criminal charges before the state could institute civil asset forfeiture proceedings won final approval in the House Friday and now head to the desk of Gov. John Kasich (R). The measure, House Bill 347, was earlier approved unanimously by the state Senate.

International

New Safe Injection Sites Open in Vancouver, with More Yet to Come. Two new safe injection sites for drug users opened in the city's Downtown Eastside Thursday, and similar facilities will open in Surrey and Victoria next week. And later this month, additional sites will open in all three locations. The move was announced by the British Columbia Ministry of Health, which did not seek permission from the federal government to do so. But they did let Health Canada and the Ministry of Public Safety know it was coming. BC Health Minister Terry Lake said the actions were necessary to combat a rising toll of opioid overdose deaths. "We can't wait for federal changes in order to save people's lives," he said. "We know people are using in alleys, they are using in their rooms, and they are not where the people who can help them are. And so in the face of this crisis, we really just wanted to do more."

Germany's Dusseldorf Wants to Legalize Weed. Following the lead of Berlin, which is moving to allow cannabis coffee shops, the city of Dusseldorf is moving to enact total marijuana legalization. The city council met Wednesday with experts in crime, economics, and psychology to discuss how best to move forward.

Chronicle AM: Trump Names Drug Warrior for DHS, Congress Funds Opioid Treatment, More... (12/8/16)

Another Trump nominee raising eyebrows and concerns among drug reformers, Congress passes a health care omnibus bill that includes $1 billion for opioid treatment, Montana dispensaries are cleared to reopen, and more.

Trump's Department of Homeland Security pick, Gen. John Kelly (Creative Commons/Wikimedia)
Marijuana Policy

Anchorage Gets Its First Marijuana Shop on December 17. Alaska's largest city will have a place to buy legal marijuana in less than ten days. Alaska Fireweed in downtown Anchorage has announced that it will open at high noon on December 17.

Colorado Governor Aims to Rein In Home Pot Cultivation. Gov. John Hickenlooper (D) has told lawmakers he wants to reduce black market marijuana exports by imposing a 12-plant limit on grows at private homes, banning collective recreational grows, and imposing tighter restrictions on medical marijuana caregivers. It isn't going to happen without a fight, marijuana activists say.

Vermonters Can Seek Pardons for Small-Time Marijuana Possession Convictions -- This Month Only. Governor Peter Shumlin (D) will consider pardoning Vermont convictions of possession for up to an ounce of marijuana, but people have to apply before the end of this month. The state decriminalized possession of less than an ounce in 2013. Seeking a pardon doesn't necessarily mean you'll get one, though. Click on the link to see the pardon form.

Medical Marijuana

Montana Judge Clears Dispensaries to Reopen. A district court judge in Helena has ruled that a wording error in last month's successful medical marijuana initiative should not keep sick patients from having access to the plant now. The initiative undid a 2011 law that largely undid the original 2004 initiative allowing medical marijuana, but late changes to the initiative resulted in new sections being added, which in turn resulted in a change in section numbering that unintentionally pushed back the date dispensaries could open. "The folks that are maybe the most in need are the least able to provide, to grow their own," the judge said in making his ruling. "I think speed is more important than niceties."

Heroin and Prescription Opioids

Congress Passes Health Bill That Includes $1 Billion for Opioid Fight. The Senate Monday gave final approval to HR 34, an omnibus health care bill that includes $1 billion for expanded opioid treatment programs. The legislation now heads for the president's desk. Obama is expected to sign it.

Law Enforcement

Trump Nominates Another Drug War Zealot to Head Department of Homeland Security. The Trump transition team has named General John Kelly to head the Department of Homeland Security. Kelly has said he believes marijuana is a gateway drug, that interdiction could be more efficient with increased funding, and that marijuana legalization sends a confusing message to Latin American leaders, among other things."This is looking really bad," said Ethan Nadelmann, executive director of the Drug Policy Alliance. "First Sessions for Attorney General, then Price at HHS, and now yet another old-style drug war character for Homeland Security. It looks like Donald Trump is revving up to re-launch the failed drug war."

Chronicle AM: Petition to Make DEA Stop Lying, New DEA National Threat Assessment, More... (12/6/16)

Medical marijuana advocates want the DEA to quit fibbing about weed, Massachusetts pols say they may delay implementation of legal pot commerce, a medical marijuana bill gets filed in Texas, and more.

DEA marijuana prosecutions are trending down. (dea.gov)
Marijuana Policy

California Roadside Drug Testing Bill Filed. After being defeated last session over concerns that field drug testing devices are not reliable, Assemblyman Tom Lackey (R-Palmdale) is back with a new roadside drug testing bill for the next session, Assembly Bill 6. Lackey says it's all about pot: "The ballot initiative passed this year to legalize marijuana will result in more marijuana consumers on our state's highways and roads," Lackey said in a statement. "It is imperative that we invest in a broad spectrum of technologies and research to best identify marijuana-impaired drivers."

Massachusetts Senate President Says Legal Marijuana Commerce Could Be Delayed. The successful Question 4 marijuana legalization initiative means pot possession, use, and home cultivation is legal as of December 15 and authorizes stores to start selling it in January 2018, but now, key legislators are saying that might not happen on time. Senate President Stan Rosenberg (D) said Monday there is "a strong feeling that we ought to be looking at the later dates, rather than the earlier dates."

Medical Marijuana

ASA Files Petition With DOJ to Make DEA Stop Lying About Marijuana. Americans for Safe Access (ASA) Monday filed a petition under the Information Quality Act with the Justice Department "demanding that the Drug Enforcement Administration (DEA) immediately update misinformation about cannabis." Under the Information Quality Act, federal administrative agencies are required to ensure that the information they disseminate is accurate and objective. ASA says the DEA has violated the act at least 25 times.

Texas Lawmaker Files Medical Marijuana Bill. State Sen. Jose Menendez (D-San Antonio) Tuesday filed a bill to allow for the use of medical marijuana in the Lonestar State. The bill lists qualifying conditions and would allow for private dispensaries, but would not set amount limits. Menendez said that should be left between the doctor and the patient. The bill is not yet available on the state legislative website.

Law Enforcement

DEA Releases 2016 Drug Threat Assessment. The DEA has released its 2016 National Drug Threat Assessment, which emphasizes issues around the use of prescription opioids and heroin and warns about rising opioid overdose rates. The assessment also notes that DEA marijuana prosecutions are declining, but that more of the cases that are prosecuted are domestic, as opposed to Mexican marijuana imports. The assessment also reports declines in Mexican marijuana seizures in every border district but one.

Drug War Issues

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