Decriminalization

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Chronicle AM: AL Bill Has Mandatory Life w/o Parole for Possessing Ounce of Fentanyl, More... (2/17/17)

The Alabama legislature ponders harsh drug sentences not seen since the last century, decriminalization is picking up some support in Texas, China announces scheduling controls on fentanyl, and more.

An Alabama bill would make possession of as little as an ounce of fentanyl a mandatory life sentence without parole.
Marijuana Policy

Cannabis, Drug Policy Reform Advocates Commend Congressional Members on Formation of Congressional Cannabis Caucus. In a joint statement Thursday, major marijuana and drug reform groups commended congress members for forming the Congressional Cannabis Caucus, led by Reps. Earl Blumenauer (D-OR), Dana Rohrabacher (R-CA), Jared Polis (D-CO), and Don Young (R-AK). After commending the representatives, the joint statement noted that "the establishment of a Cannabis Caucus will allow members from both parties, who represent diverse constituencies from around the country, to join together for the purpose of advancing sensible cannabis policy reform. It will also facilitate efforts to ease the tension between federal prohibition laws and state laws that regulate cannabis for medical and adult use."

Texas Decriminalization Bill Picks Up Some Support. Law enforcement officials joined House Criminal Jurisprudence Committee Chairman Joe Moody (D-El Paso) at the capitol Thursday to express support for a measure to decriminalize the possession of up to an ounce of weed, House Bill 81. The bill is currently before the committee. Harris County, the state's most populous, just announced plans to institute decriminalization there.

Medical Marijuana

Georgia Senate Passes Medical Marijuana Bill, But Advocates Say It's a Step Backwards. The Senate Thursday approved Senate Bill 16, but advocates said it was a retreat because it lowers the amount of allowable THC in cannabis oil from 7% to 3%. Some senators wanted to reduce it to 1%. The bill now goes to the House, where Rep. Allen Peake (R-Macon), who wrote the original CBD bill, said he hopes to rewrite it to restore the 7% figure.

Utah Medical Marijuana Research Bill Wins Committee Vote. The Senate Health and Human Services Committee voted Thursday to approve House Bill130, which would allow universities in the state to do research on the medicinal effects of marijuana. The bill has already passed the House and now awaits a Senate floor vote.

Hemp

Arizona Industrial Hemp Bill Advances. A bill that would legalize the production and processing of industrial hemp has passed two key committees. Senate Bill 1337 passed the Public Safety Committee on a 6-1 vote Monday and the Appropriations Committee Tuesday on a 10-0 vote. It still needs to go before the Senate Rules Committee before it heads for a floor vote.

Asset Forfeiture

North Dakota Asset Forfeiture Reform Bill Advances. The House Judiciary Committee approved House Bill 1170 on an 11-4 vote Thursday. The bill would require a criminal conviction before property could be seized in most situations and bans prosecutors from circumventing state law by handing cases off to the federal government. The measure now heads for a House floor vote.

Sentencing

Alabama Bills Would Increase Heroin, Fentanyl Sentences. Under bills currently before the state legislature, prison sentences would go up for people who possess or sell heroin and fentanyl. Under one bill, anyone convicted of their possession would face mandatory prison sentences, and under another, Senate Bill 154, people possessing as little as one ounce of fentanyl would face a mandatory sentence of life without parole. The state instituted sentencing reforms several years back; some legislators worry these bills would undo those efforts.

International

China Announces Scheduling Controls of Carfentanil and other Fentanyl Compounds. China announced Thursday that it will begin scheduling controls of four fentanyl-class substances -- carfentanil, furanyl fentanyl, valeryl fentanyl, and acryl fentanyl -- beginning March 1. Chinese pharmaceutical factories have been identified as major producers of the synthetic opioids, which are linked to thousands of drug overdose deaths in the US.

Chronicle AM: House Passes Unemployment Drug Test Bill, Houston Decriminalizes, More... (2/16/17)

The House approves a bill that could open the door to states drug testing people seeking unemployment benefits, harsh sentencing bills advance in Ohio and Kentucky, Houston decriminalizes marijuana possession (in most cases), and more.

The House has approved a bill that would allow states to expand drug testing of people seeking unemployment benefits. (wikimedia
Marijuana Policy

Arizona PAC Plans to File 2018 Legalization Initiative. A political action committee called Safer Arizona was set to file a marijuana legalization initiative with state officials Thursday. Arizona voters narrowly devoted a similar measure last year, but organizers say this one will have some differences, including requiring that people be at least 21 before they can buy it. They will have to gather 150,000 valid voter signatures by July to qualify for the 2018 ballot.

Guam Legalization Bill Gets Hearing. In a hearing Tuesday on a marijuana legalization measure, Bill 8-34, representatives of the judiciary said they took no position on the bill, but cautioned that implementing legalization would require a review of the island territory's entire criminal code. Guam Customs and Quarantine acting chief, Maj. Phillip Taijeron also testified, saying he supported the will of the people. "If the will of the people is to enact Bill 8-34, then I am in support of Bill 8-34," Taijeron said.

New York State Assembly Passes Landmark Legislation to Seal Past Marijuana Possession Convictions. The Assembly voted Tuesday in favor of Assembly Bill 2142, which would seal the criminal records of people who have been unjustly and unconstitutionally arrested for simple possession of marijuana in public view. The vote was 95 in favor and 38 opposed.This sealing legislation has taken on increased importance amid the Trump Administration’s rhetoric and actions targeting immigrant communities. On the national level, simple marijuana possession is the fourth most common cause of deportation, according to the report "Secure Communities and ICE Deportations: A Failed Program?" Sealing records will provide a measure of protection for immigrants by making it difficult or impossible for immigration authorities to meet their legal burden of proof for a judge to find a lawful permanent resident deportable. Additionally, sealing will guard against the Trump administration's Executive Order targeting noncitizens with any criminal arrests and/or convictions for deportation. If the arrest is also sealed and the sealed information is not shared with the FBI, these individuals may be at lower risk of becoming an enforcement target.

Houston to Decriminalize Marijuana Possession. The nation's fourth largest city is ready to decriminalize small-time marijuana possession. As of March 1, under a new "Misdemeanor Marijuana Diversion Program," in most circumstances people caught with an ounce or less will face no jail, no tickets, no court appearances and no criminal record. Houston and surrounding Harris County have spent $200 million prosecuting 100,000 pot possession cases in the past decade, with "no tangible public safety benefit," said District Attorney Kim Ogg (D), who took office this year.

Medical Marijuana

Indiana Senate Passes Limited CBD Bill. A measure that would allow people with epilepsy to use low-THC cannabidiol oil passed the Senate Tuesday. The measure, Senate Bill 15, now moves to the House.

Virginia Republicans Kill CBD Expansion Bill. Patient advocates burst into tears Wednesday night as six House Republicans voted to kill a major expansion of the state's CBD law, which limited its use to people with epilepsy. Senate Bill 1298 would have expanded the law to allow its use for treatment for 13 more conditions, but the bill was killed by a 5-6 party line vote in the subcommittee that writes criminal law.

Asset Forfeiture

Colorado Cops Lobby Hard, Defeat Asset Forfeiture Reform. A proposal to expand oversight of police seizures of property was defeated in a party line vote in a Senate committee Wednesday, with Republicans casting all the "no" votes. The measure, Senate Bill 17-136, would also have prevented law enforcement agencies from turning property over to the federal government to get around state restrictions unless the property was worth more than $50,000. The vote came after a parade of law enforcement officers testified against the bill.

Drug Testing

House Approves Measure Aimed at Expanding Drug Testing of People Who File for Unemployment Assistance. The House approved H.J. Res 42, which would repeal a recently finalized Department of Labor rule that interpreted a 2012 federal law that permits states to drug test people who file for unemployment insurance in certain circumstances. Advocates see the repeal of the Department of Labor rule as a first step by some Republicans in Congress at undoing federal restrictions on states conditioning receipt of unemployment and other forms of public assistance on a drug test. The measure now goes before the Senate.

Sentencing

Kentucky Senate Passes Bill Toughening Penalties for Heroin, Fentanyl Sales. The Senate voted unanimously Thursday to approve a bill increasing penalties for people trafficking even the smallest amounts of heroin and fentanyl. The measure, Senate Bill 14, rolls back sentencing reforms enacted in 2011. Under those reforms, trafficking less than House Bill 4, which reverses a state Supreme Court ruling that only the weight of actual cocaine -- not filler -- be used when imposing stiffer sentences for possession and trafficking. Under the bill, prosecutors would be able to sentence defendants based on the weight of the entire mixture. Under the bill, a pound of powder that contained only a gram of cocaine would be considered a pound of cocaine for sentencing purposes. The bill now moves to the Senate.

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

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

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

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

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

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

Medical Marijuana

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

Drug Policy

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

Drug Testing

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

First Amendment

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

Harm Reduction

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

International

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

Chronicle AM: 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: AR Lawmakers Meddle With MedMJ, Major Reform Package Rolled Out in MD, More... (2/1/17)

Technical issues stopped us from publishing yesterday, but the news didn't stop. Here's a couple days worth of mainly, but not entirely, marijuana policy news.

Arkansas legislators can't keep their paws off the voter-approved medical marijuana initiative. (Creative Commons/Wikimedia)
Marijuana Policy

District Attorneys Form Marijuana Policy Group. The National District Attorneys Association has formed a working group of 14 prosecutors from across the country to arrive at policy positions on marijuana. The association "formed an internal working group made up of prosecutors from around the country to develop association policy on the subject of marijuana," said NDAA political director Nelson Bunn. "Contrary to other reporting, the working group is not affiliated with any other organization or entity, including the incoming administration."

Tennessee GOP Lawmaker Files Bill to Overturn Memphis, Nashville Pot Laws. The state's two largest cities have moved toward partial decriminalization of marijuana possession, passing laws last fall allowing police discretion to hand out civil violations for small-time offenders, and now a key state legislator is striking back. House Criminal Justice Committee Chairman William Lamberth (R-Cottontown) filed House Bill 173 Monday. It would repeal any local law that is inconsistent with penalties outlined in the state's drug laws. It would also prevent local governments from acting like Memphis and Nashville in the future. Democrats Rep. Harold Love and Sen. Jeff Yarbro, both of Nashville, respond by announcing plans to file a bill that would make possession a Class C misdemeanor punishable by a fine of $50 or less.

Vermont Bill Would Legalize Marijuana, But Not Sales. A bipartisan group of lawmakers has filed House Bill 170, which would allow adults to possess up to two ounces of marijuana and grow up to two mature and seven immature pot plants. The bill does not contain provisions allowing for marijuana commerce, or its taxation. Similar to the initiative passed in Washington, DC, the bill would be "decrim 2.0," said cosponsor Rep. Maxine Grad (D-Moretown).

Wyoming House Panel Rejects Decrim, But Approves Adjusting Pot Penalties. The House Judiciary Committee voted Tuesday to reject decriminalization, but approve House Bill 197, which would create a tiered system of penalties for pot possession. Under the bill, first time possession of up to three ounces (or eight ounces of edibles) would face up to 20 days in jail, a second offense would garner up to six months, a third offense would earn up to two years in jail, and a fourth offense would be a felony punishable by up to five years in prison. There would be a 10-year limit on counting previous convictions. The bill now goes to the House floor.

San Diego Okays Pot Shops. California's second largest city has given the green light to marijuana businesses. The city council voted unanimously Tuesday night to allow sales at 15 dispensaries already approved to sell medical marijuana, as well as opening up the possibility it will allow grows, testing facilities, and testing labs. The council will take up those issues later.

Medical Marijuana

Arkansas Legislators File Three More Bills Ban to Amend Voter-Approved Initiative. Republicans in Little Rock have filed three more bills that would tighten up the state's new law. One would ban the smoking of medical marijuana (House Bill 1400), one would ban edibles (House Bill 1392), and would require previous local zoning to be in place before licenses for dispensaries or grows are issued (House Bill 1391). HB1391 and HB1392 have been sent to Committee on House Rules while HB1400 has only been filed.

Colorado Bill to Add PTSD as Qualifying Condition Moves. The Senate State, Veterans and Military Affairs Committee unanimously approved Senate Bill 17-017 Monday. The measure would add post-traumatic stress disorder as a qualifying condition for medical marijuana. The bill is now on the Senate's "consent calendar," meaning it should move through the Senate with little debate. Then it's on to the House.

Utah Medical Marijuana University Study Bill Advances. The House Health and Human Services Committee unanimously approved House Bill 130 Monday. The measure would allow universities in the state to study medical marijuana. The bill is supported by the Utah Medical Association, which has opposed medical marijuana bills saying more study is needed. It now heads for a House floor vote.

Drug Policy

Groundbreaking Drug Policy Bill Package Reintroduced in Maryland. Delegate Dan Morhaim, M.D., has introduced three bills to transform drug policy in the state. This legislative package, with multiple cosponsors from across Maryland, would reduce the harms associated with substance abuse disorders, costs to the general public, and incarceration rates. H.B. 515 requires specified hospitals to establish a substance use treatment program, H.B. 488 removes criminal penalties for low-level, non-violent drug offenses under certain minimal threshold limits, and H.B. 519 permits the establishment of safe consumption programs which allow individuals to consume controlled substances in a safe space.

Drug Testing

New York Bill to Require Drug Testing Kids of Busted Parents Passes Senate. The state Senate passed "Kayleigh Mae's Law" (Senate Bill 137), which would require child protective services to investigate and drug test children under three who were present during a parent's drug arrest. The bill is named after Kayleigh Mae Cassell, who died of a drug overdose at age 13 months after her mother and mother's boyfriend were arrested and pleaded guilty to drug crimes. A companion measure, Assembly Bill 3900, has yet to move.

International

Philippines Police Suspend Drug War to Clean Up Corrupt Drug Cops, Government Says. National Police Chief Ronald de la Rosa said Monday that the country's brutal crackdown was suspended and police anti-drug units were being dissolved in the wake of a scandal around the murder of a South Korean businessman inside police headquarters at the hands of anti-drug police. More than 7,000 people have been killed in the six months since President Rodrigo Duterte's crackdown began. De la Rosa said a temporary halt had been ordered by Duterte. News reports have not yet independently verified whether the killings have stopped or not.

Chronicle AM: MA Bills Subvert Legalization Init, OR MJ Bill Protects Workers, More... (1/23/17)

A Democratic Massaschusetts state senator is out to seriously undercut the state's new, voter-approved marijuana legalization law, an Oregon bill seeks to protect marijuana users' employment rights, El Chapo gets extradited to the US, and more.

Marijuana Policy

DC Activists Hand Out 8,000 Joints for Trump Inauguration. The same folks who brought you legal marijuana in the District were on hand Friday for the inauguration of the incoming president. DCMJ activists handed out nearly double the promised 4,200 joints they promised. A good time was had by all. "Oh yeah, there's 10,000 people who showed up for free marijuana today, so it's really busy," DCMJ founder Adam Eidinger said. "The goal is really to get Donald Trump talking about marijuana, to show the tremendous support. To show that you can have Trump supporters and non-Trump supporters together in unity."

Arizona Decriminalization, Legalization Bills Filed. State Rep. Mark Cardenas (D-Phoenix) filed a bill to decriminalize pot possession (House Bill 2002) and one to legalize marijuana (House Bill 2003). Previous similar bills have never won even a committee hearing, but the state's felony marijuana possession law may finally be out of step with the times enough to give the decrim bill a hearing.

Hawaii Marijuana Legalization Bill Filed.Speaker of the House Joseph Souki (D-District 8) has filed House Bill 205, which "authorizes persons 21 years of age or older to consume or possess limited amounts of marijuana for personal use. Provides for the licensing of marijuana cultivation facilities, product manufacturing facilities, safety testing facilities, and retail stores" and "applies an excise tax on transactions between marijuana establishments."

Maryland Appeals Court Upholds Search Based on Pot Smell, Despite Decriminalization. Even though the possession of small amounts of pot has been decriminalized in the state, the state's highest court has ruled that it remains a banned substance and thus give police probable cause to search a vehicle if they smell it. "Simply put, decriminalization is not synonymous with legalization, and possession of marijuana remains unlawful," Court of Appeals Judge Shirley M. Watts wrote in a unanimous opinion issued Friday. Defendants had argued that police should be required to cite factors leading them to believe the amount they smelled was greater than the 10 grams decriminalized under state law. But the court didn't buy that argument.

Massaschusetts Bills Would Gut Legalization Law. Hardline marijuana foe state Sen. Jason Lewis (D-Winchester) has filed legislation that would deeply curb the ability of state residents to possess and grow marijuana and threaten the ability of recreational pot shops to begin selling a full range of products next year. Lewis would delay the ability of pot shops, now set to open in July 2018, to sell edibles and concentrates for at least two more years, and he would dramatically increase the ability of local governments to reject marijuana businesses. Under the legalization law, they must go to the voters, but Lewis's legislation would undo that. Groups that led the successful November legalization initiative are vowing a vigorous fightback. His package of 14 bills was filed last Friday, the last day to do so.

Oregon Bill to Prevent Pot Smokers From Getting Fired Filed. State Rep. Ann Lininger (D-Lake Oswego) has filed Senate Bill 301, which would override a state Supreme Court decision saying employers can fire marijuana users even though it is legal in the state. The bill would bar employers from requiring workers or prospective workers to "refrain from using a substance that is lawful to use under the laws of this state during nonworking hours."

Virginia Legislators Punt on Decriminalization Bills. A state Senate committee Monday refused to approve a pair of decriminalization bills, instead opting to delay them while the Virginia State Crime Commission studies decriminalization. The bills were Senate Bill 1269 from Sen. Adam Ebbin (D-Alexandria) and Senate Bill 908 from Sen. Louise Lucas (D-Portsmouth).

Asset Forfeiture

Illinois Bill Would End Civil Asset Forfeiture. State Rep. Al Riley (D-Hazel Crest) has filed House Bill 468, which would prohibit the state from seizing property without a criminal conviction. The measure would also block prosecutors from doing an end run around state law by passing cases off to the feds, who then return 80% of the money to the law enforcement agency involved. The bill has been referred to the House Rules Committee.

Drug Policy

California Bill Would Protect Immigrants from Deportation in Low-Level Drug Cases. Assemblywoman Susan Talamantes Eggman (D-Stockton) Monday filed a bill to shield immigrants from deportation for minor drug offenses -- as long as they seek drug treatment or counseling. The bill would adjust state law so that defendants without prior convictions within the last five years could enroll in drug treatment before entering a guilty plea and have those charges wiped from their record upon successful completion. That would prevent them from being considered drug offenders eligible for deportation under federal law. Gov. Jerry Brown (D) vetoed a similar bill last year. The bill is not yet available on the legislative website.

Drug Testing

Missouri College Appeals to US Supreme Court Over Student Drug Testing. Linn State Technical College has appealed to the Supreme Court to overturn federal appeals court rulings that its program requiring mandatory drug testing of all incoming students is unconstitutional. The college has lost at just about every turn in this case, with a federal district court judge issuing an injunction to block implementation of the program, and the 8th US Circuit Court of Appeals rejecting mass, suspicionless drug testing. The appeals court did allow the college to impose testing on students in five safety-sensitive programs.

International

El Chapo Extradited to the US. Longtime Sinaloa Cartel leader and repeat Mexican prison escapee Joaquin "El Chapo" Guzman was extradited to the US last Thursday to face drug and other charges in New York City. "The government of the republic today delivered Mr. Guzmán to the authorities of the United States of America," the Mexican foreign ministry said in a statement.

German MPs Vote to Approve Medical Marijuana. The lower house of parliament last Thursday approved a measure legalizing the medicinal use of marijuana. The law limits the use of medical marijuana to "very limited exceptional cases" and patients will not be allowed to grow their own. Instead medical marijuana will be imported until state-supervised grow operations are set up in Germany.

Book Review: "Marijuana: A Short History" by John Hudak

Marijuana: A Short History by John Hudak (2016, Brookings Institution Press, 217 pp., $14.95 PB)

Marijuana is going mainstream, as evidenced by the spread of medical marijuana and now outright legalization, not to mention its pervasive and increasingly favorable position in popular culture. In the past 20 years, support for legalization has grown from a distinct minority position to a majority one, and now, after November's elections, more than half the states have approved medical marijuana and nearly one out of six Americans lives in a state where it is legal.

Marijuana is now also big business, with industry watchers estimating the size of the legal market at around $20 billion by 2020. There's one problem with such rosy scenarios, though: Pot remains illegal under federal law.

That's a big problem for John Hudak, a senior fellow in governance studies at the Brookings Institution with a keen professional interest in public policy implementation, legislative-executive relations, and marijuana policy. In Marijuana: A Short History, Hudak takes marijuana legalization as pretty much a given -- provided it isn't screwed up too badly in implementation -- and sees federal marijuana prohibition largely as an obstacle to getting pot policy right.

He sketches out the strange place we now find ourselves, with a booming industry enriching state tax coffers at the same time it remains federally illegal, and a federal government largely turning a blind eye to the violations of federal law -- at least for now -- while at the same time refusing to allow that industry the banking privileges and tax breaks provided to legal businesses. Meanwhile, marijuana sellers become Chamber of Commerce members in some states and prison inmates in others.

Hudak describes the growing tension between legalization in the states and federal prohibition as challenging federal authority while also hampering the efficient functioning of the marijuana industry. In his view, we're now in a sort of "worst of both worlds" status quo:

"The resulting situation in the United States may be worse than either national legalization or national prohibition. Legal realities are loosely defined by executive branch guidance and suggestions from the administration. This guidance fails to answer important questions and oftentimes creates new ones. States are constantly asking the federal government how to deal with many of the problems they face; the answers are almost always insufficient. Members of Congress have proposed solutions to some of the biggest challenges facing states, industry actors, and consumers, but that legislation is not acted on."

"The reality is that the state of American law at the start of 2016 is absolutely untenable and is inconsistent with American principles of fairness and equal treatment. Federal officials must commit themselves to coherent, comprehensive, and sensible marijuana policy. Until they do, the system will be arbitrary and unjust, and policy will be ineffective."

Now, at the start of 2017, the tensions Hudak highlights are even more acute, and the November elections brought them to the fore. At the same time the legal recreational market quintupled in size with victories in California, Maine, Massachusetts, and Nevada, the nation elected Donald Trump, whose attorney general pick, Alabama Sen. Jeff Sessions, is an avowed foe of legalization and drug law reform in general.

Trump himself has said he favors letting the states experiment, but the billion-dollar question is whether Trump is going to set pot policy or leave it to his minions. If it's the latter, legal marijuana may be in for a bumpy ride, but even if it's the latter, that's just the political status quo.

That isn't enough for Hudak. He wants things settled at the federal level through congressional action, not left to the administrative whim of some officeholder. Whether the next few years is going to bring us any closer to Hudak's prescription for pot policy perfection is an open question, and it's sure to be contested political terrain.

Hudak raises the right questions about marijuana's future, but make no mistake, Marijuana: A Short History is by no mean all wonkery. After all, Hudak is writing a history, and he does just that in a concise and lively manner, concentrating on the 20th Century in the US, a period that saw the long arc of marijuana prohibition peak before the decline it now faces in the early years of the 21st Century. Of special interest is his section on the rise of a successfully reform movement, as he zeroes in on the people and strategies that made it happen.

Okay, Marijuana: A Short History is pretty wonky. It's serious stuff with a serious purpose: getting us down the path to a sane and effective marijuana policy nationwide. People with an interest in marijuana and marijuana legalization need to be thinking about these things, and Hudak is going to reward a serious reader. And he isn't going to make you slog through 400 pages of academic prose along the way. Read it; it'll make you think.

Chronicle AM: More Obama Commutations Coming, HIA Sues DEA Over CBD, More... (1/16/17)

President Obama will commute more drug sentences before he leaves office this week, the hemp industry sues the DEA over its new CBD rule, New York's governor wants to fix his state's decriminalization law, and more.

Obama is about to free hundreds more nonviolent drug offenders. (whitehouse.gov)
Marijuana Policy

New York Governor to Propose Clarifications to State's Decriminalization Law. Gov. Andrew Cuomo (D) has announced plans to remove a loophole in the state's decades-old decriminalization law that lets police charge people with a criminal offense for possession in "public view." That loophole has been applied mainly against racial minorities. Governor Cuomo pushed heavily for closing that loophole in 2014 but was blocked by Senate Republicans who opposed a measure that would have standardized the penalty for all low-level possession as a violation, which would have resulted in a fine instead of arrest.

Medical Marijuana

HIA Sues 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.

North Dakota Bill Would Delay Medical Marijuana Implementation. State Senate Majority Leader Rich Wardner (R-Dickinson) has introduced a bill, Senate Bill 2154, that would suspend implementation of parts of the state's new voter-approved medical marijuana law until the legislature could write a comprehensive law to govern medical marijuana in the state.

Sentencing

Obama Set to Commute Sentences for Hundreds More This Week. As the clock ticks down on his term, President Obama is set to keep on granting clemency to drug offenders up until the last minute. Justice Department officials say he will grant hundreds more commutations this week. He has already cut the sentences of more than 1,100 nonviolent drug offenders, more than any president in modern history.

Chronicle AM: VT MJ Possession Pardons, No Jail for MJ in Houston, UK CBD, More... (1/4/17)

Vermont's governor pardons nearly 200 for pot, Houston's incoming DA says no jail for pot possession, a British medical regulatory agency recognizes CBD as medicine, and more.

British medical authorities have officially recognized CBD cannabis oil as a medicinal product. (Creative Commons/Wikimedia)
Marijuana Policy

Alaska Gets First Legal Marijuana Tax Revenues. The state is starting to reap the fiscal benefits of marijuana legalization, as the Department of Revenue announced it had taken in $81,000 in taxes from seven growers in the month of November. The revenues came from taxes on 98 pounds of pot and 10 pounds of trim, which are taxed at $50 an ounce and $15 an ounce, respectively.

Vermont Governor Pardons 192 for Pot Possession. Gov. Peter Shumlin (D) has pardoned 192 people convicted of possessing small amounts of marijuana. Some 450 people applied for pardons after Shumlin announced the program last month, but he only pardoned 192 after looking at subsequent criminal histories. "While attitudes and laws about marijuana use are rapidly changing, there is still a harmful stigma associated with it," Shumlin said. "My hope was to help as many individuals as I could overcome that stigma and the very real struggles that too often go along with it."

No Jail for Marijuana Possession in Houston. Incoming Harris County District Attorney Kim Ogg has said the practice of jailing people for pot possession is over. "All misdemeanor possession of marijuana cases will be diverted around jail," Ogg said. "I've never felt good about putting marijuana users in the same jail cells as murderers. It's just not fair, it doesn't make any sense, and our country is resoundingly against that."

Medical Marijuana

Florida is Now a Medical Marijuana State. The constitutional amendment approved by voters in November to legalize medical marijuana went into effect Tuesday. But the state doesn't have a distribution system up and running yet. Lawmakers and the state Department of Health will have to craft rules, with an implementation target date of September 9.

Massachusetts Medical Marijuana Hearing Aims to Ease Patient Access. At a public hearing in Boston Tuesday, advocates called for changes in the state's medical marijuana law to allow hospices and nursing homes to provide the medicine for patients. "Hospice patients are literally out of time," said Elizabeth Dost, clinical director for the Massachusetts Patient Advocacy Alliance, which represents medical marijuana patients. "The patient's average length of stay (in hospice) in Massachusetts is 35 to 45 days. By the time they access cannabis, they are often deceased." Another public hearing is set for Thursday morning in Holyoke.

Law Enforcement

NAACP Activists Arrested in Protest at Attorney General Nominee's Office. Six NAACP demonstrators were arrested after occupying the Mobile, Alabama, offices of Sen. Jeff Sessions (R-AL), Donald Trump's choice to head the Justice Department. The NAACP is demanding the Sessions turn down the nomination to be attorney general, citing his record of ignoring voter suppression but prosecuting black voting rights activists. Sessions is also opposed by broad swathes of the drug reform community for his stances against marijuana legalization and sentencing reform and in favor of asset forfeiture.

International

Britain Recognizes CBD as a Medicine. The Medicines and Health Care Products Regulatory Agency (MHRA) Tuesday classified CBD as a medicine in the United Kingdom. The agency said it made the move after reviewing claims from several companies that their CBD products offered health benefits.

Georgia Marijuana Activists Face 12 Years in Prison for Planting Pot Seeds. In a New Year's Eve act of civil disobedience, dozens of activists and the Girchi Party planted pot seeds at party offices, publicly breaching the country's criminal code and exposing themselves to up to 12 years in prison under the country's drug laws. The Girchi Party is demanding drug decriminalization and marijuana legalization.

The Next Five States That Could Legalize Marijuana [FEATURE]

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

Four states, including California, the nation's most populous, voted to legalize marijuana on November 8. That doubles the number of legal states to eight (plus the District of Columbia), and more than quadruples the number of people living in legal marijuana states, bringing the number to something around 64 million.

Every one of those states legalized marijuana through the initiative process, but we're not going to see any more initiatives on state ballots until 2018, and perhaps 2020. That means that if we are to make more progress on spreading marijuana legalization in the next couple of years, it's going to have to come at the state house instead of the ballot box.

Rhode Island State Capitol
That's the same pattern we saw with medical marijuana. California led the way via the initiative process in 1996, with several other states following in 1998 and 2000 before Hawaii became the first state to okay medical marijuana via the state legislature.

The election of Donald Trump is causing great uncertainty about the future of legal marijuana, and will act as a drag on legislators until his stance is clarified. Just as governors hesitated to implement medical marijuana programs in the face of federal hostility a decade ago, legislators will hesitate to move toward legalization in the face of uncertainty, or worse, outright hostility from a Trump administration.

Still, efforts to legalize marijuana through the legislative process have been underway for several years in a handful of states and have already come close to passage in some of them. And now, especially in New England, the pressure of neighboring states having already embraced legalization is fueling legalization fervor. But it's not just New England. The marijuana legalization message is resonating across the land.

Getting a bill through a state legislature is a long, multi-stage process, with too many opportunities for getting derailed, from obstinate committee chairs to skeptical governors wielding the veto pen. Despite the obstacles, here are five states that could get it done before the 2018 mid-terms:

Connecticut

Connecticut already has medical marijuana and decriminalized possession in 2011 with the support of Gov. Dannel Malloy (D). Malloy had said that decriminalization was as far as he wanted to go, but he's hinting at changing his tune after marijuana's big victory on Election Day. "We might have to reexamine our legal position, our position of enforcement, based on what some surrounding states are doing," Malloy said three days later.

For veteran legislators such as state Reps. Juan Candelaria (D-New Haven) and Toni Walker (D-New Haven), Malloy's softening couldn't come soon enough. They've authored legalization bills in past sessions, but they haven't gotten much traction. Look for them to be back at it again next year, with the changed New England political landscape smoothing the road.

Maryland

Maryland approved medical marijuana in 2014 (although the long-delayed program has yet to see any actual dispensaries open) and decriminalization last year under then Democratic Gov. Martin O'Malley.

The bad news is that O'Malley is gone now, replaced by anti-marijuana Republican Gov. Larry Hogan. The good news is that the legislature has already demonstrated a willingness to override Hogan's vetoes when it comes to pot policy; it did that this year with a housekeeping bill that decriminalized the possession of paraphernalia (an oversight in the 2015 decriminalization bill).

Reform-minded legislators last year filed a legalization bill, the Marijuana Control and Revenue Act of 2015, in both houses, but they were stymied by unfriendly committee chairs. They're going to be back next year, backed by a carefully-built coalition of drug reform, social justice, and public health groups -- and with the support of a healthy majority of Marylanders, according to recent polls.

New Mexico

New Mexico Legislative Chambers
Eyeing next door neighbor Colorado, New Mexico is another state ripe for marijuana legalization. Two polls this year had popular support for legalization at 61%, and Democrats have now won control of the state legislature. That means two different moves toward legalization could occur: Rep. Bill McCamley (D-Mesilla Park) has filed a legalization bill the last two years, and says he will do it again next year. "It's not an academic exercise anymore," he said. And Sen. Jerry Ortiz y Pino (D-Albuquerque) also says he will be introducing a constitutional amendment that would take the issue to a popular vote.

But like Maryland, legalizers face an anti-marijuana Republican governor in Susana Martinez. Either Martinez is going to have to have a pot epiphany or the legislature is going to have to have enough votes to override a probable veto.

Rhode Island

This may be the best prospect of the bunch. Medical marijuana is well-established in the state, decriminalization has been in effect for four years, and now, in the wake of the legalization victory in neighboring Massachusetts, Gov. Gina Raimundo (D) says she's ready to more seriously consider doing the same in Rhode Island, although she has concerns about public safety and how any legislation is drafted.

Democrats control both houses of the legislature, and both House Speaker Thomas Mattiello and Senate Majority Leader Dominick Ruggerio say they are ready to take up legalization bills. That would be a pleasant change: For the past six years, legalization bills have been filed, but never voted on.

Rhode Island's political leaders finally look ready to catch up to their constituents, 55% of whom supported legalization in a recent poll from Brown University and who smoke pot at the highest rate of any state, reporting a 16% past month use rate.

Vermont

Vermont very nearly became the first state to legalize weed through the legislative process this year. A legalization bill, S. 241, was supported by Gov. Peter Shumlin (D) and passed with strong support in the Senate, only to die in the House.

Now, a pair of key lawmakers said they are ready to try to get legalization through the legislature again. Sen. Dick Sears, chairman of the Senate Judiciary Committee, said legalization votes in Maine and Massachusetts are forcing the state's hand. "For me, that's a game-changer, that Massachusetts has voted to legalize," Sears said.

Sears' counterpart in the House, Judiciary Committee chairwoman Rep. Maxine Grad, is also ready to go, saying the Maine and Massachusetts votes will make lawmakers more amenable to moving forward.

There's just one problem: Shumlin is gone now, replaced by incoming Republican Gov. Phil Scott, who is not a big fan of government regulation, but is not a big fan of marijuana legalization, either. "I can appreciate the discussion around ending the prohibition of marijuana," he said, but had many, many concerns about this year's bill. Still, it's possible legislators will have heard those concerns and will come up with a bill that Scott can live with -- or a majority that can override a veto.

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