Decriminalization

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Chronicle AM -- April 25, 2014

An Oregon congressman fights to end federal marijuana prohibition, a DC congresswoman vows to fight for decrim in the District, a Brooklyn DA gets support for his stance on small-time pot charges, some Philly narcs escape justice, and more. Let's get to it:

DC Rep. Eleanor Holmes Norton will stick up for District decrim. (wikipedia.org)
Marijuana Policy

Oregon Congressman Launches Ad Campaign to End Federal Marijuana Prohibition. US Rep. Earl Blumenauer (D-OR) today began an advertising campaign to win support for ending federal marijuana prohibition. Blumenauer is a cosponsor of House Resolution 499, the Ending Federal Marijuana Prohibition Act of 2014. "Our marijuana laws don't work and cost the government billions," he said. "Federal drug law says that marijuana is more dangerous than meth or cocaine, and that is false."

DC Rep. Eleanor Holmes Norton Vows to Defend District Marijuana Reforms from Congressional Republicans. In an effort to stop what could be the first step to overturn the District of Columbia's local marijuana decriminalization legislation, Congresswoman Eleanor Holmes Norton (D-DC) has announced she will testify at a hearing of the House Oversight and Government Reform Committee's Subcommittee on Government Operations in May on the District's newly-passed decriminalization law. Norton said that she was surprised to learn of a hearing that will single out the District's locally passed law. "It is appropriate for Congress to examine how the Obama administration will enforce the federal prohibition on marijuana in jurisdictions that have legalized or decriminalized it, as the subcommittee has done in two hearings this Congress," Norton said. "It is also appropriate to examine whether the federal marijuana prohibition preempts such local laws, but no local officials were called to testify at those hearings. It is inappropriate to hold a hearing on the local marijuana laws of only one jurisdiction, the District of Columbia, when 18 states have decriminalized marijuana, 21 states have legalized medical marijuana and two states have legalized marijuana. There is nothing that distinguishes the District from these states except for Congress's illegitimate power to overturn the democratically enacted local laws of the District." Congress has 60 days to attempt to block the DC decriminalization law.

Brooklyn DA's Decision to Stop Prosecuting Small-Time Marijuana Cases Garners Support. Today, Brooklyn elected officials, community groups, and advocates rallied on the steps of Borough Hall to support District Attorney Ken Thompson's proposal to stop prosecuting people arrested for possessing small amounts of marijuana. A memo outlining DA Thompson's proposal, shared with the press, states that when the police make a low-level marijuana arrest and the defendant has no criminal record or a minimal criminal record, "there will be a presumption that such case will be immediately dismissed." Click on the link for more reaction to Thompson's move.

Child Psychiatry Group Opposes Legalization. The American Academy of Child and Adolescent Psychiatry (AACAP) has released a policy statement opposing efforts to legalize marijuana. Instead, "AACAP supports efforts to increase awareness of marijuana's harmful effects on adolescents and improve access to evidence-based treatment, rather than emphasis on criminal charges, for adolescents with cannabis use disorder. AACAP also urges careful monitoring of the effects of marijuana-related policy changes on child and adolescent mental health. Together, these efforts may help with the prevention of teen marijuana use during a critical period of ongoing brain maturation."

Medical Marijuana

Minnesota Medical Marijuana Bill Wins Senate Committee Vote. The long, strange saga of Minnesota medical marijuana continues. The Senate Committee on Health, Human Services and Housing today approved Senate File 1641, which would give patients with certain medical conditions access to a limited amount of marijuana. The measure now goes to the Senate Rules Committee.

Law Enforcement

Philadelphia's "Tainted Justice" Narcs Avoid Criminal Prosecution, Could Get Jobs Back. After years of investigation, federal and local prosecutors have decided not to file criminal charges against four Philadelphia narcotics officers accused of lying about evidence on search warrants and stealing from corner stores during raids. One of the officers was also accused of sexually assaulting three women. Sources familiar with the investigation said authorities cited weak witnesses and a lack of evidence as factors in their decision not to bring charges. The officers -- who were at the heart of a scandal that shook the department five years ago -- now face possible disciplinary action from the Police Department. But it is likely they will soon be placed back on the street and even awarded lost overtime pay. The officers were the subject of a 2009 series by the Philadelphia Daily News that won a Pulitzer Prize for investigative reporting. The series, "Tainted Justice," detailed dozens of narcotics cases in which officers were alleged to have stolen, lied, and mistreated suspects. Click on the link for the whole sleazy story.

Wisconsin Becomes First State to Require Outside Agency Involvement in Investigating Deaths in Police Custody. Gov. Scott Walker (R) has signed into law Assembly Bill 409, under which Wisconsin will become the first state in the nation to require outside investigation when people die in police custody. The new law is the result of years of activism on the part of family members and a Milwaukee-Journal Sentinel investigation into five years of in-custody deaths in Milwaukee. Despite circumstances of detainees' deaths, officers were typically quickly cleared of wrongdoing.

Connecticut Bill to Shrink "Drug Free Zones" Dies. Legislation to reduce the size of "drug free zones" around schools died quietly in the Education Committee on Thursday. Senate File 609 failed on an 11-17 vote with no discussion. The bill's failure is frustrating for proponents who have sought the legislation for years. The proposal has twice been endorsed by the state's nonpartisan Sentencing Commission. The bill made it as far as a floor debate in the House last year, but was shelved when support began to wane among Democrats.

International

Drug Decriminalization Coming to Malta? Maltese Justice Minister Owen Bonnici said Thursday that a proposed drug law reform his government is working on will be "significantly broader" than previous failed reform efforts and hinted broadly that it would include drug decriminalization. But details remain sketchy, so stay tuned.

Chronicle AM -- April 24, 2016

Marijuana, weed, pot, cannabis, whatever you call it, it's sure making a lot of news these days. Plus, harm reduction comes to Georgia, and Bolivia wants to shoot down drug planes. And more. Let's get to it:

Marijuana Policy

Nevada Legalization Initiative Gets Underway, Aims At 2016. The Campaign to Regulate Marijuana Wednesday filed a petition with the Nevada Secretary of State to legalize the recreational use of marijuana in the Silver State. The group needs to get 101,667 signatures by November 11 to move the process forward. If the signatures are collected on time, the initiative would then go before the state legislature in 2015. The legislature can approve it or vote it down, but if it is voted down, it would go before the voters in the 2016 general election.

Colorado Edibles Regulation Bill Passes House. A bill to tighten laws governing the sale of marijuana-infused edibles in Colorado was unanimously passed by the state House of Representatives on Tuesday after two deaths possibly linked to the ingestion of cannabis products shed light on the lack of guidelines for edibles. With House Bill 1361, Colorado lawmakers are aiming to limit the amount of concentrated marijuana that can be sold through a bill requiring more specific labeling of pot-laced products, such as candies and baked goods, as well as restricting the amount of the THC chemical in edibles.

Possession Of Marijuana In Brooklyn Decriminalized In Small Quantities. Marijuana users in Brooklyn will get slapped with a mere $100 fine for possession so long as they don't have a criminal record. Brooklyn DA Ken Thompson said he will no longer be prosecuting marijuana smokers for possession provided they have no previous criminal history or have been busted for weed before. The DA said in a memo made public by the New York Post Wednesday that marijuana laws disproportionately hurt youths of color, especially those without previous records.

New York Poll Has Support for Legalization at 43%. A new Siena Poll has support for legalization in the Empire State at 43%, with 52% opposed and 5% undecided. There were majorities for legalization among Democrats, liberals, men, and people under 35. Medical marijuana fared better, with 51% backing a full medical marijuana law, 26% favoring Gov. Cuomo's (D) limited program, and only 21% opposed to any medical marijuana. Click on the link for the cross-tabs.

DC Legalization Initiative Gets Go-Ahead for Signature Gathering. The DC Board of Elections gave a green light Wednesday for campaigners to begin collecting signatures to put a marijuana legalization initiative on the November ballot. The campaign must turn in approximately 22,373 valid signatures by July 7 to score a spot on the November ballot. More than 5 percent of registered voters in five of the eight city wards must sign the petition.

Medical Marijuana

Nevada's Clark County (Las Vegas) Receives More Than 200 Applications For Medical Pot Businesses. A total of 206 applications for medical marijuana businesses were filed by 109 legal entities with the county's Business Licensing Department before yesterday's deadline. That total includes 90 applications for dispensaries, 70 applications for cultivation facilities, 45 for production facilities and one for an independent testing laboratory. Businesses who met today's deadline will have until May 2 to submit a zoning application and the accompanying $5,000 fee for the special-use permits needed to operate a medical marijuana establishment. The county commission plans to review and award a limited number of special-use permits at a June 5 public meeting. Businesses can apply for one of four license types.

Vermont House Passes Dispensary Bill, Includes Study of Legalization. The House Wednesday gave preliminary approval to a medical marijuana dispensaries bill, endorsing an amendment that calls for a study of potential tax revenue from legalizing and taxing pot. Senate Bill 247 has already passed the Senate, but have to go back for concurrence with changes made in the House.

California Medical Marijuana Regulation Bill Wins Committee Vote. A bill to impose regulation on the state's medical marijuana industry passed the Assembly Public Safety Committee Tuesday. Assembly Bill 1894, sponsored by Assemblyman Tom Ammiano (D-San Francisco) would make it illegal for doctors to recommend medical marijuana for patients they have not examined, and bar prescriptions by doctors with a financial interest in a pot dispensary. It would also let the Department of Alcoholic Beverage Control enforce laws regulating marijuana and develop plans to tax it beyond the sales tax now levied, while ensuring it is grown and processed safely and in ways safe for the environment. A competing bill favored by law enforcement, Senate Bill 1262 by Sen. Lou Correa (D-Santa Ana), was approved a day earlier by the Senate Business Professions and Economic Development Committee. It would regulate medical marijuana through the Department of Public Health and county health departments.

Missouri House Gives First Approval to CBD Medical Marijuana Bill. The House Wednesday gave initial approval to a bill that would allow the use of CBD cannabis oil by people suffering from seizures. Senate Bill 951 won first round approval by a voice vote. It needs one more vote in the House.

New Mexico Medical Cannabis Program's Medical Advisory Board Recommends Adding Alzheimer's Disease to the List of Eligible Conditions. The Medical Cannabis Program's Medical Advisory Board voted unanimously Wednesday to add neurodegenerative dementia including Alzheimer's disease (AD) to the list of medical conditions eligible for the Medical Cannabis Program. The Secretary of Health will have the final decision. Medical cannabis is currently available to Alzheimer's patients in thirteen of the states that authorize its use.

Iowa CBD Medical Marijuana Bill Passes Senate. A bill that gives prosecutorial immunity to people who possess cannabidiol to treat seizures passed the Senate Thursday. Senate File 2360 would require patients or their caregivers to obtain a state-issued license to possess the drug and must have a neurologist's prescription in order to obtain the license.

Drugged Driving

California Bill Would Impose "Per Se" Drugged Driving Standard. Members of the California Assembly are considering amending legislation, Assembly Bill 2500, to impose "per se" criminal penalties to individuals who drive with trace levels (2ng/ml or above) of THC or other controlled substances in their blood -- regardless of whether he/she is behaviorally impaired. NORML and California NORML oppose this bill.

Harm Reduction

Georgia Governor Signs 911 Medical Amnesty/ Naloxone Law.Governor Nathan Deal (R) signed House Bill 965 Thursday, also known as the Georgia 911 Medical Amnesty bill. Effective immediately, the law grants limited immunity from arrest, charges, or prosecution to people who are experiencing or to those who seek help for a drug overdose in the event that law enforcement find small amounts of drugs and/or drug paraphernalia as a result of the person seeking help. The law also extends legal protections to people who call 911 to report underage drinking poisonings and to those who administer naloxone to someone experiencing a drug overdose. Georgia is the 15th state in the union to enact a 911 Medical Amnesty law and the 19th state to expand access to naloxone through legislation.

International

Bolivia Approves Downing of Drug-Smuggling Planes. A new Bolivian law authorizes the country's military to shoot down planes suspected of smuggling cocaine, though it cannot yet be put into practice because it doesn't have sufficient radar coverage. The law signed Tuesday by President Evo Morales requires that before starting the plan, Bolivia must first purchase and install radar systems, which its borders lack. Other countries in the region with similar shootdown policies include Brazil, Colombia, Honduras and Venezuela, all cocaine transit countries. Peru had a shootdown policy, but halted it after it accidentally blew a US missionary and her infant out of the sky a decade ago.

DC Event on Uruguay Marijuana Legalization Monday. The Washington Office on Latin America is hosting a discussion Monday on "Launching Uruguay's New Law to Regulate Cannabis." Speakers include Julio Calzada, general secretary of the Uruguayan National Drugs Board, and Martin Jelsma, coordinator of the Transnational Institute Drugs and Democracy Program. Click on the title link for more details.

Uruguay to Limit Marijuana Purchases to 10 Grams a Week. In an attempt to thwart illegal resales, Uruguay is limiting licensed buyers of marijuana to 10 grams a week, as the South American country attempts to write its rules for its legal market in the drug, now two weeks overdue. The Uruguayan authorities are developing fees for pot sales to match highly-taxed cigarette and alcohol sales.

Chronicle AM -- April 23, 2014

There's news on the marijuana legalization initiative front, decrim dies in New Hampshire, pot sentencing reform dies in Alabama, Illinois patients can keep their guns, drugged driving and reproductive rights make news, too. And more. Let's get to it:

Former drug offenders will have their voting rights restored in Virginia, thanks to Gov. Terry McAuliffe (D). (wikipedia.org)
Marijuana Policy

Alaska Legalization Vote Pushed Back to November. A ballot initiative that could make Alaska the third US state to legalize recreational marijuana will go before voters in a general election in November rather than in August as previously scheduled, officials said on Monday. Alaska ballot initiatives typically go before voters in primary elections. But a lengthier-than-normal state legislative session this year forced the change because, under state rules, initiatives must go to voters no less than 120 days after the end of a session.

New Approach Oregon Legalization Initiative Gets Another Big Bucks Donation. The Drug Policy Action Network, the political arm of the Drug Policy Alliance, has given $100,000 to the New Approach Oregon legalization initiative campaign. That's the second $100,000 in a week for the initiative, which has just commenced its signature-gathering phase.

Total Marijuana Ban Initiative Proposed in Montana. A Billings businessman has proposed an initiative for the November 2014 ballot that effectively would ban the possession, use, cultivation, trafficking and transportation of marijuana in Montana. Steve Zabawa submitted the measure last week. If approved, it would change state law to say that any drug listed on Schedule 1 of the Federal Controlled Substances Act "may not be legally possessed, received, transferred, manufactured, cultivated, trafficked, transported or used in Montana."

No Decriminalization for New Hampshire This Year. Criminal penalties for possessing small amounts of marijuana will not change, after the Senate refused to consider a House-passed bill. Under House Bill 1625, the penalty for having an ounce or less of marijuana or hashish would have been the same as a traffic ticket, and it would have lowered the penalties for growing less than six marijuana plants. The bill passed the House by a better than two-to-one margin, but the Senate refused to accept the bill. It had killed a nearly identical bill last session.

Louisiana to Retain Harsh Marijuana Penalties. The Senate Judiciary Committee voted Tuesday to kill a bill that would reduce the state's marijuana penalties, some of the harshest in the country. Senate Bill 323 would have made simple possession a misdemeanor punishable by no more than six months in jail. Under current law, repeat pot possession offenders can be jailed for up to 20 years. The measure failed on a 4-3 vote.

Medical Marijuana

Florida Limited CBD Medical Marijuana Bill Wins House Committee Vote. A bill to allow patients suffering from seizures or severe pain to use high CBD cannabis oil has passed the House Judiciary Committee. House Bill 843 passed the committee 15-3 and now heads for a House floor vote.

Wisconsin Governor Signs Limited CBD Medical Marijuana Bill. Gov. Scott Walker (R) last week signed into law Assembly Bill 726, which allows the use of CBD cannabis oil to treat severe seizures in children.

Illinois Medical Marijuana Patients Can Keep Their Guns. Illinois regulators finalizing the state's conditions for medical marijuana have removed a proposed rule that would have barred legal gun owners from becoming cannabis-using patients. Some patients had said they would rather continue to use marijuana illegally rather than give up their firearms owners ID cards. The wording drew numerous complaints in public comments from gun owners who hoped to apply for medical cannabis cards. Many said their rights were being trampled.

Drugged Driving

Arizona Supreme Court Rules Presence of Marijuana Metabolite Not Sufficient to Prove Impaired Driving. The state's high court ruled Tuesday that motorists with a secondary marijuana metabolite in their system cannot be charged with a DUI on that basis alone, indicating the court was unconvinced the mere presence of the metabolite proves impairment. The state had argued that even the presence of metabolites in the urine of users was sufficient for a conviction, but the high court said "this interpretation would criminalize otherwise legal conduct" and "leads to absurd results." The case is Arizona v. Shilgevorkyan.

Michigan Bill Would Allow Police to Saliva Test for Drugs During Traffic Stops. The House Judiciary Committee is considering a package of bills related to drugged driving, including one, House Bill 5385, that would allow police to include saliva testing through a mouth swab. The measure is opposed by medical marijuana advocates, who raised concerns about the accuracy of the tests. The committee will continue taking testimony on the bills, which would also allow for police officers to confiscate driving licenses and issue temporary permits for drugged drivers as they do for suspected drunk drivers now.

Reproductive Rights

Tennessee Legislature Passes Bill Criminalizing Pregnant Women for Drug-Related Harm to Fetuses. A bill that holds women criminally accountable for illegal drug use during pregnancy, with punishments of up to 15 years in prison, passed the legislature last week. Senate Bill 1391 punished drug-using women if their babies are stillborn or born addicted or otherwise harmed. Gov. Bill Haslam (R) has 10 days to decide whether to sign it into law.

Alabama Supreme Court Rules That Women Can Be Charged With Chemical Endangerment if They Become Pregnant and Use a Controlled Substance. The state Supreme Court last Friday upheld the conviction of a woman who gave birth to a baby that tested positive for cocaine, even though the infant was healthy. In so doing, the court upheld the state's 2006 chemical endangerment law and held that the word "child" in the law includes fertilized eggs. The case is Ex Parte Sara Jane Hicks. Alabama and South Carolina are the only states that authorize the prosecution of pregnant women for drug use, although as we see above, Tennessee could soon join them.

Prescription Drugs

Oklahoma Senate Approves Bill Adding Prescription Drugs to Drug Trafficking Law. The Senate Monday approved a bill adding four additional drugs to the state's Trafficking in Illegal Drugs Act. The measure, House Bill 2589, adds morphine, oxycodone, hydrocodone and benzodiazepine to the list of controlled substances in the act. Individuals convicted under the act would receive a minimum of 10 years, which is twice the prison term for possession of these substances. The bill is supported by the Oklahoma Bureau of Narcotics. It has been amended and will return to the House of Representatives for reconsideration.

Opiate Pain Relievers

FDA Panel Recommends Against Approving Dual Opioid Medication. An advisory panel of the Food and Drug Administration (FDA) voted Tuesday against approving a combination morphine-oxycodone painkiller. The drug, Moxduo, would be the first medication to combine both opioids in one capsule. Moxduo's manufacturer, QRxPharma, says the drug is intended to provide faster relief from moderate to severe pain, with fewer side effects than currently available opioids. The panel voted unanimously against approving it, concluding that QRxPharma had not proved the drug is less likely to cause potentially life-threatening respiratory suppression, compared with taking oxycodone or morphine alone.

Search and Seizure

US Supreme Court Upholds Vehicle Stops Based on Anonymous Tip. An unusually divided Supreme Court ruled Tuesday that an anonymous 911 phone call reporting a reckless driver justified a traffic stop that led to a marijuana. The 5-4 decision saw Justice Antonin Scalia side with the court's liberal minority, but Justice Stephen Breyer's vote gave the conservative majority the win. The case is Navarette v. California. The ruling means police need not corroborate anonymous reckless driving tips before stopping a vehicle.

Voting Rights

Virginia Governor to Restore Voting Rights for Drug Offenders. Virginia Gov. Terry McAuliffe (D) announced Friday that he will immediately restore voting rights to anyone who has completed their sentence for a drug offense, and reduce the waiting period for other violent felonies from five years to three. Virginia is one of four states that ban all ex-felons from voting for life unless they receive clemency from the governor. But governors in these states can take executive action to alter the policies on these felons.

International

Sinaloa Cartel Losing Ground in Ciudad Juarez, Stratfor Analyst Says. The Carrillo Fuentes drug-trafficking organization, with its enforcement arm La Línea, is moving to regain the El Paso-Juárez corridor from the Sinaloa cartel, whose power in Juarez is eroding quickly, according to a terrorism and security analyst from the Texas-based private intelligence firm Stratfor. Click on the link for more details.

Chronicle AM -- April 15, 2014

The Obama administration punts on marijuana rescheduling, Maryland's decrim excludes paraphernalia (for now), sneaky DEA tactics are being challenged in Arizona, fears of more cartel violence in Mexico, and more. Let's get to it:

Under Maryland's new decrim law, the pot won't get you busted, but the pipe could. (wikimedia/erik fenderson)
Marijuana Policy

Attorney General Holder Signals Administration Won't Reschedule On Its Own, Wants to Work With Congress. In an interview with The Huffington Post last Friday, Attorney General Eric Holder said the Obama administration would not act unilaterally to reschedule marijuana. "I think that given what we have done in dealing with the whole Smart on Crime initiative and the executive actions that we have taken, that when it comes to rescheduling, I think this is something that should come from Congress," Holder said. "We'd be willing to work with Congress if there is a desire on the part of Congress to think about rescheduling. But I think I'd want to hear, get a sense from them about where they'd like to be."

Maryland Decriminalization Doesn't Include Paraphernalia. The decriminalization bill signed into law by Gov. Martin O'Malley (D) yesterday does not decriminalize the possession of pipes, papers, and other marijuana-smoking paraphernalia. Bill sponsor Sen. Bobby Zirkin (D-Baltimore County) said he intentionally left intact the criminal penalties for having marijuana accessories. He said it could help ensure that if police see marijuana accessories in someone's car, they still have legal grounds to search the car for items like guns and heroin. But he also said the legislature would consider eliminating the paraphernalia penalties next year. In the meantime, prosecutors are trying to figure out how to proceed.

Rhode Island House Committee to Hold Hearing on Bill That Would Regulate and Tax Marijuana Like Alcohol. The House Committee on Judiciary is scheduled to hold a hearing Wednesday on a bill that would regulate and tax marijuana similarly to alcohol. House Bill 7506, sponsored by Rep. Edith Ajello (D-Providence), would allow adults to possess up to one once and grow one plant, as well as establishing a system of legal marijuana commerce. A press conference will precede the committee hearing. Click on the link for more details.

Medical Marijuana

Alabama Governor Signs Limited CBD Medical Marijuana Bill. Gov. Robert Bentley (R) has signed into law Senate Bill 174, also known as Carly's Law. The measure creates an affirmative defense for patients suffering from debilitating epileptic conditions -- or their caregivers -- for the possession and use of marijuana extracts that are high in CBD. But it doesn't do anything for other medical marijuana patients.

Minnesota Poll Has Support for Medical Marijuana at 68%. A new KSTP-TV/SurveyUSA poll finds that 68% of registered voters surveyed think marijuana should be legal when used for medical purposes. The poll comes as legislators struggle to push through a bill in St. Paul.

More Than 70 Oregon Cities Have Dispensary Moratoriums. At least 71 Oregon cities have moratoriums on medical marijuana dispensaries, and more than 40 others are considering bans, according to the League of Oregon Cities and the Association of Oregon Counties. The legislature last year passed a dispensary regulation bill, but some localities don't want dispensaries. The new law, however, only allows the moratoriums to stay in place for one year. The state has 242 incorporated cities and 36 counties.

Law Enforcement

Arizona "Whisper Stop" Highway Drug Busts Set Up Constitutional Clash. Defense attorneys in Arizona are challenging "whisper stop" highway drug busts, in which the DEA wants to arrest someone they suspect of trafficking drugs, but don't want to alert possible co-conspirators. In such cases, the DEA alerts local and state police to make the stop, but police and prosecutors have been remiss in failing to inform defendants and their attorneys about the reason for the stop, violating the Brady rule, which requires full disclosure of evidence that might help defendants by prosecutors. "We're about to have a big clash on this," said a Flagstaff defense attorney challenging the conduct. Click on the link for more details.

International

DC Event on "Politics of Crime in Mexico" Tomorrow. The Woodrow Wilson Center for International Scholars and the Inter-American Dialogue are hosting an event tomorrow to present the new book "The Politics of Crime in Mexico: Democratic Governance in a Security Trap," by John Bailey. Click on the link for more details and to RSVP.

Mexican Cartel Conflict Expected to Heat Up in Tamaulipas. At least 30 people have been killed in recent days in fighting pitting factions of the Gulf Cartel against each other in the northeastern state of Tamaulipas. Most of those killing took place around Tampico, in the far south of the state, but in Mexican border towns like Nuevo Laredo, the Zetas are being blamed for an uptick in kidnappings and extortion. Now, there are fears the Zetas could make moves to try to eliminate the Gulf Cartel once and for all, when it is doubly weakened: by the infighting following the arrest of a major Gulf Cartel leader, and by the February arrest of Sinaloa Cartel head Joaquin "El Chapo" Guzman, who was aiding the Gulf Cartel against the Zetas.

Bermuda Medical Cannabis Activist Asks Jamaica Health Minister for Legal Shipment of Medical Ganja Oil. Bermuda medical marijuana advocate Alan Gordon has sent an open letter to Jamaica's health minister asking for a permit to export enough cannabis oil extract to supply some 300 Bermuda cancer patients with a 2-3 month supply. Gordon said that Bermuda's Cabinet has previously approved import permits from elsewhere on a per-patient basis, but were experiencing trouble with availability, price and quality which Jamaica seems well suited to alleviate. Gordon has also specified that the oil must be grown organically by Rastafarians, as a matter of social justice and "fair trade" principles. Gordon says he is not a Rastafarian but says that after the gravely ill patients, first consideration must be given to Rastafarians as a way of expressing society's remorse for oppression of Rastafarians under the old laws. No response yet from Jamaica.

Chronicle AM -- April 14, 2014

Maryland decriminalizes and becomes a medical marijuana state, a Tennessee hemp bill awaits the governor's signature, a Kentucky omnibus heroin bill appears dead for the session, a campaign is underway to free a Missouri marijuana lifer, and more. Let's get to it:

billboard for Missouri marijuana lifer Jeff Mizanskey
Marijuana Policy

Maryland Governor Signs Decriminalization Bill. Gov. Martin O'Malley today signed into law Senate Bill 364, making Maryland the 18th decriminalization state. The new law makes possession of less than 10 grams of marijuana a civil offense punishable by a fine of up to $100 for a first offense, up to $250 for a second offense, and up to $500 for subsequent offenses. Third-time offenders and individuals under 21 years of age will be required to undergo a clinical assessment for substance abuse disorder and a drug education program. The measure will officially go into effect on October 1.

Medical Marijuana

Maryland Governor Signs Medical Marijuana Bill. Gov. Martin O'Malley (D) today signed into law House Bill 881, making Maryland the 21st state with a full-fledged medical marijuana law. The bill allows Maryland residents suffering from qualifying conditions to use medical marijuana upon a doctor's recommendation. Possession limits and regulations governing cultivation and dispensary facilities will be determined by a state-sanctioned commission prior to implementation. The measure will officially go into effect on June 1.

Kentucky Governor Signs Limited CBD Medical Marijuana Bill. Gov. Steve Beshear (D) last Thursday signed into law Senate Bill 124, which will allow the limited use of CBD cannabis oil. Physicians at state research hospitals will be able to recommend use of the drug.

Colorado Bill Would Add PTSD to List of Qualifying Medical Conditions. Even though marijuana is legal in Colorado, one lawmaker, Rep. Jonathan Signer (D-Longmont) has introduced a bill, House Bill 1364, to add post-traumatic stress disorder (PTSD) to the state medical marijuana program's list of qualifying conditions. Because PTSD affects many veterans, who receive federal benefits, Singer said it's important to provide them with the ability to qualify under the state's medical marijuana law.

Arkansas Attorney General Rejects Medical Marijuana Initiative Again. Attorney General Dustin McDaniel has again rejected the popular name and ballot title for the Arkansas Medical Cannabis Act. These are the same folks that put the Arkansas Medical Marijuana Act on the ballot in 2012, but this year, another group, Arkansans for Responsible Medicine has claimed that initiative title. The 2014 Arkansas Medical Marijuana Act is now in the signature-gathering phase.

Vermont Lawmakers Advance Dispensary Bill, But Reject Adding PTSD to List of Qualifying Conditions. A bill that would create dispensaries in Vermont has passed out of the House Human Services Committee, but the committee rejected an effort to add PTSD to the list of qualifying conditions. The measure is Senate Bill 247. It has already passed the Senate.

Hemp

Tennessee Hemp Bills Awaits Governor's Signature. Senate Bill 2495 and House Bill 2445, which would reclassify and regulate industrial hemp, have passed the legislature and await the signature of Gov. Bill Haslam (R). The bills would allow Tennessee farmers to grow hemp for research and development purposes. Earlier this year Congress approved language in a federal farm bill that would allow the cultivation of industrial hemp in the agricultural pilot programs in states that have already passed hemp measures.

Heroin

Kentucky Omnibus Heroin Bill Appears Dead. A bill that responded to heroin use and sales in the Bluegrass State through a combination of increased treatment, overdose prevention, and harsher criminal penalties will not pass this session, a key legislator said. "There's basically no time left to pass it," Sen. Jared Carpenter (R-Berea), cosponsor of Senate Bill 5, said Friday. It had passed the state Senate, but got stalled in the Judiciary Committee in the Democrat-controlled House. The session ends tomorrow.

Law Enforcement

DEA in Illinois Spying on Indoor Garden Stores. The DEA in Illinois has investigated and raided at least two people after watching them make purchases at a legal local gardening center. Both had shopped at Midwest Hydroganics in Crest Hill. One, Angela Kirking, said she and her pet terrier woke to find four flak-jacketed DEA agents and five Shorewood cops in the bedroom of her Ranchwood Drive home at 5:00am on Oct. 11. At least one of the agents held her at gunpoint before 9 grams were allegedly found. A second person, a man from Channahon, was raided and charged with growing marijuana after shopping at Midwest Hydroganics. In both cases, the DEA took interest after it spotted them shopping at the store. Federal investigators then rooted through garbage and compared utility bills to get search warrants. Kirking's attorney said he is challenging the warrants and that he has heard of more cases linked to DEA spying on a legal business since the story broke.

A Quarter Million Immigrants Have Been Deported For Non-Violent Drug Crimes, Report Finds. The report, an analysis of federal immigration data conducted by the Transactional Records Access Clearinghouse at Syracuse University, details how roughly 40,000 people have been deported for drug law violations every year since 2008. That means that nearly 250,000 -- one-quarter of a million -- people were deported for nonviolent drug offenses in just the past six years. A nonviolent drug offense was the cause of deportation for more than one in ten (11%) people deported in 2013 for any reason -- and nearly one in five (19%) of those who were deported because of a criminal conviction. The report reveals that simple marijuana possession was the fourth most common cause of deportation for any crime, and the most common cause of deportation for crimes involving drugs. On average, more than 6,600 people were deported in each of the last two years just for personal marijuana possession, and overall, nearly 20,000 people were deported last year for simple possession of any drug or drug paraphernalia.

Florida Bill to Raise Drug Possession Thresholds Passes House. The House has passed a bill increasing the weight threshold for trafficking in oxycodone and hydrocodone in a move to ease what have been called overly harsh sentencing guidelines. Senate Bill 360 moves the current threshold of four grams of either drug to seven grams of oxycodone and 14 grams of hydrocodone.

Sentencing

Campaign On to Free Missouri Marijuana Lifer. The ongoing campaign to win the release of Jeff Mizansky, the only man in Missouri serving a life-without-parole sentence for a nonviolent marijuana charge, are continuing this month with help from Show-Me Cannabis and Change.org. Show-Me Cannabis has bought billboard space on I-70 near Kansas City (and near Sedalia, where Mizanskey was arrested) to bring attention to his case, and a Change.org petition calling for his release now has more than 360,000 signatures. Mizansky has three convictions, all for marijuana. Campaigners will hold a press conference at the state capitol on April 28.

International

New WOLA Report on Colombia's Peace Prospects Released. As negotiations between the leftist FARC guerrillas and the Colombian government continue, the Washington Office on Latin America (WOLA) has released a new report, Ending 50 Years of Conflict in Colombia, that analyzes the prospects for a peace accord and the challenges that will follow. Click on the title link to read the report.

Maryland Becomes 18th Decrim State, 21st Medical Marijuana State

With Gov. Martin O'Malley's signature today on two bills passed by the legislature, Maryland decriminalized marijuana possession and becomes a full-fledged medical marijuana state.

House Bill 881 is the medical marijuana bill. It allows Maryland residents suffering from qualifying conditions to use medical marijuana upon a doctor's recommendation. Possession limits and regulations governing cultivation and dispensary facilities will be determined by a state-sanctioned commission prior to implementation. The measure will officially go into effect on June 1.         

Senate Bill 364 makes possession of less than 10 grams of marijuana a civil offense punishable by a fine of up to $100 for a first offense, up to $250 for a second offense, and up to $500 for subsequent offenses. Third-time offenders and individuals under 21 years of age will be required to undergo a clinical assessment for substance abuse disorder and a drug education program. The measure will officially go into effect on October 1.

The Marijuana Policy Project was among groups pushing for both bills, but it isn't resting on its laurels.

“It’s time for legislators to take a long, hard look at replacing marijuana prohibition with a system in which marijuana is regulated and taxed,” said MPP legislative analyst Rachelle Yeung. “Marijuana should be sold by licensed businesses, not criminals in the underground market.”

I predict that will happen in 2017, after the next two rounds of legalization initiatives start to convince legislators that they need to hop on the bandwagon.

 

 

Location: 
Annapolis, MD
United States

Medical Marijuana Expansion, Decriminalization Pass in Maryland

It was a banner day in Annapolis Monday, where legislators, working against an end-of-session deadline, managed to pass both marijuana decriminalization and medical marijuana expansion bills.

Working around obstinate reform foe Rep. Joe Vallario (D-Prince Georges), who initially detoured the decrim bill into a study bill, the legislature approved Senate Bill 364 and Gov. Martin O'Malley (D) says he will sign it.

The bill decriminalizes up to 10 grams of marijuana for adults 21 and over. A first offense will result in only a $100 citation. A second offense will result in just a $250 fine, but a third offense would require an appearance in court and possibly drug treatment.

Also on Monday, the House and Senate reached final agreement Monday on a bill that would create 15 licenses for medical marijuana growers. The measure is Senate Bill 963. It also would allow dispensaries to operate and let growers sell the medicine directly. Passage of the bill into law would make Maryland a full-fledged medical marijuana state.

Two marijuana reform measures pass in one session. Too bad legalization didn't. But it is coming. 

Location: 
Annapolis, MD
United States

Chronicle AM -- April 8, 2014

The Maryland legislature passed both medical marijuana and decriminalization bills as the session ended in Annapolis, Colorado pot tax revenues aren't as high as the governor thought, the maker of the new opiate pain reliever Zohydro fights a state ban in Massachusetts, and more. Let's get to it:

Minnesota family with epileptic child testifies in favor of medical marijuana bill there. (MN House/Andrew von Bank)
Marijuana Policy

Maryland Decriminalization Bill Passes, Governor Will Sign. A decriminalization bill has now passed the legislature in Annapolis, and Gov. Martin O'Malley (D) says he will sign it. Senate Bill 364 decriminalizes up to 10 grams of marijuana for adults 21 and over. A first offense will result in only a $100 citation. A second offense will result in just a $250 fine, but a third offense would require an appearance in court and possibly drug treatment.

Maine Drug War Bill Could Result in Marijuana Legalization Referendum. Gov. Paul LePage (R) recently introduced Legislative Document 1811, a bill that would deal with the state's drug problems by adding more cops and prosecutors. The bill has run into serious opposition in the legislature, but now, two members, Sen. David Dutremble (D-Arundel) and Rep. Corey Wilson (R-Augusta) have crafted a compromise in committee that includes enforcement against high-level traffickers, increased funding for addiction treatment, and a referendum to legalize, tax and regulate marijuana put before Maine voters in 2015. The compromise is known as the "Dutrumble/Wilson minority report" and should be coming up for a vote soon.

Colorado Governor Scales Back Marijuana Tax Revenue Estimate. Gov. John Hickenlooper (D) estimated in February that the state would take in $134 million in legal marijuana taxes this year, but has now cut that estimate by more than $20 million, citing uncertainty in the market. Legislative analysts predicted last month that revenues for the year would be only $65 million. The first $40 million from excise taxes has already been designated for school construction; any remaining money will be appropriated by lawmakers.

Medical Marijuana

Maryland Legislature Passes Medical Marijuana Expansion Bill. The Maryland House and Senate reached final agreement Monday on a bill that would create 15 licenses for medical marijuana growers. The measure is Senate Bill 963. It also would allow dispensaries to operate and let growers sell the medicine directly. Passage of the bill into law would make Maryland a full-fledged medical marijuana state.

Arizona Politician Faces Recall Over Blocking Medical Marijuana Research. Medical marijuana opponent Sen. Kimberly Yee (R-Phoenix) blocked funding of a study of marijuana as a treatment for PTSD in veterans. Now, activists want her to pay a price. The Phoenix NORML affiliate and the Arizona Veterans Assistance Committee have undertaken a campaign to recall Yee. They'll need to collect 18,297 signatures from Legislative District 20 by August 2.

Minnesota Medical Marijuana Supporters Try to Attach Bill to Broader Health Bill. Medical marijuana is not dead yet this year in Minnesota. A standalone bill, House File 1818, has been stalled, but supporters plan to propose it as an amendment to a separate health bill. The vote could come as early as tomorrow.

CBD Medical Marijuana Bill Could Move in Missouri. A bill that would allow the use of CBD cannabis oil by people with epileptic seizures appears to have the support of key Republicans. House Bill 2238 is backed by the Republican House speaker, majority leader, and Democratic leaders. It is also supported by a Republican senator whose son has epilepsy.

Medical Marijuana Expansion Bill Filed in District of Columbia. Councilmembers Yvette Alexander and David Gross have filed a bill that would expand medical marijuana access in the nation's capitol. The bill would permit doctors to recommend medical marijuana to patients suffering from any condition for which it provides medical benefits. Patients would then be allowed to apply to the Department of Health for acceptance in the District's medical marijuana program. Under current law, only patients with cancer, HIV/AIDS, multiple sclerosis, or glaucoma are eligible for the program.

Law Enforcement

Postal Service Seizing More Pot Packages. The US Postal Inspection Service reports that it seized 9,100 parcels containing marijuana last year, up from 7,600 in 2012, a 20% increase. The poundage seized is also up, from 42,000 pounds in 2012 to 45,000 pounds last year. Inspectors aren't sure whether it's increased resort to pot-shipping in an era of drug-hunting troopers and deputies or better enforcement -- or both -- that is responsible for the increase. Marijuana accounted for more than two-thirds (68%) of all drug-laden packages seized.

Prescription Opiates

Zohydro Maker Sues to Block Massachusetts Ban. Zogeniz, the manufacturer of the recently approved hydrocodone drug Zohydro, filed suit Monday in federal court in Massachusetts to block the state from banning it. Zogenix seeks a temporary injunction to block an executive order from Gov. Deval Patrick (D). Patrick acted to ban Zohydro as part of a public health emergency he declared in response to growing heroin and opiate addiction in the state, saying it should be banned "until [it is] determined that adequate measures are in place to safeguard against the potential for diversion, overdose, and misuse." But the ban is an "impermissible" effort by the state to set its own prescription drug policy, Zogenix argued. "It impedes the FDA's Congressional mandate to approve a range of safe treatments to promote the public health." A hearing was set or this afternoon. Stay tuned.

International

Jamaican National Council on Drug Abuse Supports Ganja Decriminalization. Jamaica's National Council on Drug Abuse supports decriminalization in the island nation -- provided there are protections for young people. "The position of the NCDA is that, given the reality on the ground, the historical use, and certainly for medical purposes, [and the fact that] the majority of the country feel that it should be decriminalized, we certainly support the approval of medicinal marijuana in Jamaica. We also think that we should consider looking at decriminalizing for private personal use and also for religious purposes," Abel said. Just keep it away from the kids, he said.

Chronicle AM -- April 7, 2014

Talk about unintended consequences! Faced with a declining US market share, Mexican marijuana farmers are switching to opium poppies. Plus, AG Holder has some words about rescheduling, the Maryland decrim bill is back from the dead, it looks like 2016 for California legalization, and more. Let's get to it:

With declining US market share, Mexican marijuana farmers are switching to poppies. (unodc.org)
Marijuana Policy

Holder Says Obama Administration "Willing to Work" With Congress to Reschedule Marijuana. Attorney General Eric Holder said Friday that the Obama administration would be willing to work with Congress if lawmakers want to reschedule marijuana. Holder did not mention that the administration, and he personally, already have the statutory authority to reschedule marijuana, without needing further permission from Congress. Either way, recategorizing marijuana would not legalize the drug under federal law, but it could ease restrictions on research into marijuana's medical benefits and allow marijuana businesses to take the usual tax deductions, e.g. not pay taxes on money that has been paid out for things like rent or payroll. "We'd be more than glad to work with Congress if there is a desire to look at and reexamine how the drug is scheduled, as I said there is a great degree of expertise that exists in Congress," Holder said during a House Appropriations Committee hearing. "It is something that ultimately Congress would have to change, and I think that our administration would be glad to work with Congress if such a proposal were made." 

Okay, There Will Be No California Legalization Initiative This Year. Proponents of the last two California marijuana legalization initiatives still alive this year have thrown in the towel. Dave Hodges, proponent of the Marijuana Control, Legalization & Revenue Act (MCLR) announced today that it will not meet an April 18 signature-gathering deadline, while Berton Duzy, proponent for the revived California Cannabis Hemp Initiative (CCHI), which has received a signature-gathering extension, conceded that "We're not going to make 2014." In California, it's now all eyes on 2016.

Maryland Decriminalization Returns from the Dead, Passes House. Defying a powerful committee chairman who tried to derail a decriminalization bill by turning it into a study bill, House delegates Saturday passed House Bill 879 by a vote of 78-55. Final procedural votes on both measures are expected today, the last day of the session.

Delaware Governor "Willing to Discuss" Softer Marijuana Penalties. Gov. Jack Markell (D) is "willing to discuss" changes that would reduce penalties for the possession of small amounts of marijuana, according to a spokesman for the governor. "The governor has supported making marijuana available for medical purposes and DHSS expects to license a dispensary that can open in Delaware this year," Markell spokesman Jonathon Dworkin said in a statement. "The governor is willing to discuss changing the penalty for possession of small amounts of marijuana from jail sentences to just fines, but he would not support full legalization at this time without further studies and evidence of its consequences."

Thousands Rally at Annual Ann Arbor Hash Bash. An estimated 8,000 people gathered at the University of Michigan in Ann Arbor for the 42nd annual Hash Bash over the weekend. Police warned that people who toked up could get arrested, but that didn't seem to stop anybody. As The Detroit Free Press noted, "the event's usual plume of smoke hung over the crowd."

University of Colorado Will Close the Campus Again for 4/20. University of Colorado officials will close the Boulder campus on April 20 for the third straight year to prevent thousands of celebrants from marking the stoner holiday on campus. From noon to 6:00pm on April 20, CU faculty, students and staff will be required to show identification to enter campus. Officials brushed aside student complaints.

Medical Marijuana

Washington State Appeals Court Upholds Local Ban on Collective Gardens. The Washington Court of Appeals last week upheld the city of Kent's ban on medical marijuana collective gardens, ruling that the ordinance is not preempted by state law. The case is Cannabis Action Coalition et al. v. City of Kent et al.

Hemp

Nebraska Governor Signs Hemp Research Bill. Gov. Dave Heineman (R) last week signed into law Legislative Bill 100, which allows University of Nebraska campuses to grow hemp for research purposes. This is the first such bill to pass since Congress authorized search research when it accepted a hemp amendment to the omnibus agriculture bill this fiscal year.

Drug Testing

Michigan Suspicion-Based Welfare Drug Testing Bill Polls Well. Suspicion-based drug testing for welfare recipients has broad support across Michigan, a new poll shows. The poll, conducted by Marketing Resource Group, finds that 77% of respondents support legislation that would require the Department of Human Services to test welfare recipients suspected of using drugs, then send recipients with positive tests to rehab. House Bill 4118 has already passed the House and Senate, but was amended in the latter chamber, so it still needs another House floor vote.

Law Enforcement

California Bill Would Create Zero-Tolerance DUID Law. A bill that would make the presence of any detectable amount of any controlled substance, including prescription drugs, evidence of drugged driving has been filed in the Assembly. Assembly Bill 2500, sponsored by Assemblyman Jim Frazier (D-Solano) is before the Assembly Public Safety Committee.

Colorado Bill Would Make Mere Drug Possession Evidence of Child Endangerment. Under a bill introduced by state Sens. Andy Kerr (D-Lakewood) and Linda Newell (D-Littleton), the mere possession or use of illicit substances would be grounds for a claim of child endangerment. Senate Bill 178 was filed April Fools' Day, but it's no joke.

International

With Declining US Market Share, Mexican Farmers Switch from Marijuana to Opium. With the wholesale price of marijuana falling -- driven in part by decriminalization or legalization in sections of the United States -- Mexican drug farmers are turning away from cannabis and filling their fields with opium poppies, according to this lengthy article from The Washington Post. That means more, cheaper heroin for the US market. Pot farming "isn't worth it anymore," one farmer complained. "I wish the Americans would stop with this legalization." David Shirk, a Mexico researcher at the University of California at San Diego, told The Post, "When you have a product losing value, you diversify, and that's true of any farmer… The wave of opium poppies we're seeing is at least partially driven by changes we're making in marijuana drug policy."

Filipino Drug Warrior Mayor Issues Shoot-to-Kill Order for Cocaine Sellers. Davao City Mayor Rodrigo Duterte, a man never known for letting human rights get in the way of his war on drugs, has issued a shoot-to-kill order against anyone selling cocaine from eight bricks of the drug still missing after police seized 64 of the one-pound packages. "Once they go out and use or sell them, they will become drug lords. I have a shoot-to-kill order, especially if they resist arrest -- if they do that, we can enforce the shoot-to-kill," Duterte said.

Jamaican Marijuana Growers Association Is Launched. A group of influential Jamaicans gathered Saturday to formally launch an association of supposed future marijuana cultivators as momentum builds toward loosening laws prohibiting pot on the Caribbean island. Some 300 people assembled at a conference center in downtown Kingston to officially launch the Ganja Future Growers and Producers Association. Among other things, the group will lobby for creation of a regulated cannabis industry on the tropical island famed for its marijuana cultivation. The government has been making some promising noises about medical marijuana and decriminalization, but there is nothing definite so far.

Chronicle AM -- April 4, 2014

Cops like to say they don't make the laws; they merely enforce them, but that wasn't exactly the case today in Louisiana, Oregon, and Washington, DC. Plus, decrim has a last hurrah in Maryland, an Alabama welfare drug testing bill passes, Vermont moves against the new pain reliever Zohydro, and more. Let's get to it:

Politicians worry about the dangers of Zohydro, but they have little to say about its benefits.
Marijuana Policy

Maryland Legislators Try to Revive Decriminalization Bill Today. An effort was underway in Annapolis Friday to revive a decriminalization bill just days after it was scuttled in committee. The effort to revive House Bill 879 is being led by members of the Legislative Black Caucus, who will try to amend the bill on the House floor. It was turned from a decriminalization bill to a study bill earlier this week in the House Criminal Justice Committee, chaired by reform foe Rep. Joe Vallario (D-Prince Georges).

Louisiana Marijuana Sentencing Reform Bill Derailed. Rep. Austin Badon (D-New Orleans) has pulled his measure to soften marijuana penalties from consideration in the House Criminal Justice Committee after testimony by the head of the Louisiana Sheriffs Association. Association executive director Michael Ranatza said sheriffs fear the bill, House Bill 14, could lead to decriminalization of marijuana. Louisiana has some of the harshest marijuana laws in the country.

Oregon State Police Withdraw from Anti-Marijuana Summit. The Oregon State Police have withdrawn from an anti-marijuana conference scheduled for later this month after the police superintendent learned the event is closed to the public. OSP was listed as a cosponsor of the summit, which includes sheriffs from Malheur and Yamhill counties, a Medford police official and law enforcement officials from Colorado, Washington and Arizona, as well as anti-drug reform groups such as Drug Watch International, Save Our Society from Drugs, and the Drug Free America Foundation.

Medical Marijuana

Ammiano Reintroduces California Medical Marijuana Regulation Bill. San Francisco Assemblyman Tom Ammiano (D) has reintroduced his medical marijuana regulation bill. The new bill is Assembly Bill 1894. The previous version, Assembly Bill 604 had been pending in the Senate. The major change is the addition of language authorizing limited local transaction and use taxes.

Connecticut Picks Locations for Six Dispensaries. Locations for Connecticut's six medical marijuana dispensaries have been selected, the state Consumer Protection Commissioner said Thursday. The facilities in Branford, Bridgeport, Bristol, Hartford, South Windsor and Uncasville were authorized by the state's medical marijuana program to dispense Connecticut-produced marijuana products.

Drug Testing

Labor Department Says Texas Can't Make Drug Tests a Condition for Receiving Unemployment Benefits. The US Labor Department has ruled that Texas cannot enforce a law passed by the Legislature in 2013 which makes passing a drug test a requirement for some workers to get and keep unemployment compensation benefits. The law was watered down by the legislature to cover only people who are in professions where drug testing is a requirement, like truck driving and nursing. The feds say the law as it is written is too vague and it is unclear exactly what workers will qualify.

Alabama Legislature Approves Welfare Drug Testing Bill. The legislature has approved a bill that would require welfare applicants who have a drug conviction in the last five years to undergo drug testing before receiving benefits. People could keep their benefits after one positive drug test. After a second positive, the person would be ineligible for one year. The recipient would be permanently ineligible after a third positive drug test. Senate Bill 63 now goes to the desk of Gov. Robert Bentley (R).

Harm Reduction

FDA Approves Innovative New Device to Reverse Opiate Overdose. The Food and Drug Administration has approved Evzio, a handheld device containing naloxone, designed for lay people to use outside of hospital settings. When activated, the device will give verbal instructions about how to use Evzio to deliver the medication.

Prescription Opiates

Vermont Issues Emergency Rules to Restrict Access to Zohydro. Gov. Peter Shumlin (D) and state officials announced Thursday that Vermont is moving to restrict access to the new opiate pain reliever Zohydro, the first single-ingredient hydrocodone drug approved for patients in the US. New emergency rules require that prescribers of Zohydro conduct a thorough medical evaluation and risk assessment. This is only the latest move against Zohydro, which was approved by the FDA last fall -- Massachusetts Gov. Deval Patrick (D) banned it outright earlier this week and a handful of congressmen have called for the FDA to reverse its decision. But Zohydro's maker, Zogenix, said the drug is no more potent than other hydrocodone medications. The company also says it has set up a board of experts to guard against abuse of the drug and that its sales representatives are not being paid based on the volume of sales, but rather on their efforts to ensure prescribers, pharmacists and patients are educated to understand the risks and benefits of extended-release opioids Politicians have been quick to raise the alarm about possible increases in addiction and overdose deaths with Zohydro, but they haven't been nearly as quick to talk about its usefulness in addressing the needs of legitimate pain patients.

Sentencing

Who Wants to Kill Sentencing Reform? No Surprises Here. The Huffington Post reports that law enforcement groups including the National Sheriffs' Association, the International Association of Chiefs of Police, the National Narcotic Officers' Associations' Coalition, the National Association of Police Organizations and the Major County Sheriffs' Association are quietly trying to kill a bipartisan bill that would roll back tough mandatory sentences for people convicted of federal drug offenses under legislation passed during the height of America's drug war three decades ago. The bill is the Smarter Sentencing Act (Senate Bill 1410), which passed the Senate Judiciary Committee in January. Click the title link for the full story.

New Report Shows Failure of Connecticut's Sentencing Enhancement Drug Free Zones. A new report from the Prison Policy Initiative finds that Connecticut's 1,500-foot sentencing enhancement zones are so pervasive that they blanket almost all urban areas, creating an "urban penalty" that increases the sentence imposed for a given offense simply because it was committed in a city rather than in a town. The report recommends the sentencing enhancement zones be shrunk to 100 feet. This would allow the law to actually create the specially protected places as intended. Connecticut Senate Bill 259, which just passed out of the Judiciary Committee, takes a similar approach and would decrease that size to 200 feet. The report is Reaching too far: How Connecticut's large sentencing enhancement zones miss the mark." You can read it by clicking on the title link.

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