Search and Seizure

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Chronicle AM: AK Pot Bill Advances, Obama Commutes Drug Sentences, Brit Drug Spat, More (3/31/15)

There will still be marijuana felonies under a bill moving in Alaska, North Dakota has a new hemp law, an Arkansas welfare drug test bill heads to the governor's desk, Obama commutes sentences, and more.

Are there hemp fields on the horizon in North Dakota? (votehemp.org)
Marijuana Policy

Alaska Senate Passes Marijuana Bill -- Without Ban on Concentrates. The Senate voted Monday night to approve SB 30, the bill designed to update the state's criminal code to reflect marijuana's legalized status. The bill was approved 17-3 after an amendment to make concentrates illegal in two years was defeated. It continues to list pot as a controlled substance and has provisions making it a felony to possess more than a pound or to grow more than 25 plants. It also bans pot businesses in unorganized boroughs.

Another Maine Legalization Bill Filed. Rep. Mark Dion (D-Portland) has filed a bill to allow adults 21 and over to use marijuana, regulate commercial sales, and tax them at 15%. The bill is still being drafted and is not yet available on the legislative web site. Rep. Diane Russell (D-Portland) has also filed a legalization bill, but its language isn't completed yet, either. There are also two separate legalization initiative campaigns brewing the in the state.

Hemp

North Dakota Governor Signs Hemp Bill Telling Feds to Butt Out. Gov. Jack Dalrymple (R) last Friday signed House Bill 1436, which allows farmers to apply to grow the crop for either research or commercial purposes. The bill says that "license required by this section is not conditioned on or subject to review or approval by the United States drug enforcement agency," a direct jab at the DEA. Instead, licensing will be up to the state agriculture department.

Drug Testing

Arkansas Legislature Passes "Suspicion Based" Welfare Drug Testing Bill. The House Monday approved Senate Bill 600, which would set up a two-year pilot program for "suspicion based" drug screening and testing of public benefits applicants. The Senate, which had already approved it, gave it a final approval today, and the bill now heads to the governor's desk.

Harm Reduction

Indiana Needle Exchange Bill Wins House Committee Vote. The House Public Health Committee Monday approved a bill to allow needle exchanges in the 23 counties in the state with the highest rates of hepatitis C infections. The bill actually addresses an HIV outbreak in southeastern Scott County, where Gov. Mike Pence (R) days ago issued an executive order allowing for emergency needle exchanges. The bill now goes to the House floor.

Law Enforcement

Maine Governor Slams Foes As "Weak on Drugs." Faced with legislative skepticism over his proposals to beef up the state's drug enforcement apparatus, Tea Party Republican Gov. Paul LePage has come out swinging. "They are weak on drugs," LePage told reporters, describing the legislators. "They simply don't want to deal with the problem. Frankly, they shouldn't be in this hall, they shouldn't be in this building if they can't take care of our children. And the gloves are off now."

Sentencing

Obama Commutes Sentences of 22 Drug Offenders. The president today doubled the number of drug sentence commutations he has issued in one fell swoop by cutting sentences for 22 drug offenders, mostly crack cocaine offenders and mostly doing sentences of 20 years or more. Eight were doing life sentences for drug offenses, including one doing life for growing pot plants.

International

Spanish Cannabis Club Wins Acquittal. The provincial court in Vizcaya has acquitted five people accused of violating Spanish law by forming a club to grow and consume marijuana. The members of the Pannagh collective were charged with drug trafficking and "criminal organization," but in a victory for cannabis advocates, the court held that Pannagh acted within the limits of the concept of "collective cultivation."

British Labor Party Attacks Lib Dems as "Soft on Crime, Drugs, and Thugs." Labor has put out a leaflet attacking the Liberal Democrats on drug and crime policy ahead of looming parliamentary elections, but Labor is taking lots of flak for its efforts. One critic called the Labor approach "medieval," another accused it of underestimating the intelligence of the electorate, and yet another accused Labor of "turning their back on progressive, sensible, evidence-based reform."

Chronicle AM: NM Legislature Passes Civil Asset Forfeiture Ban, No Jail for Junkies in WA County, More (3/23/15)

A ban on civil asset forfeiture passes the legislature in New Mexico, there was a legalization demo in New Jersey and a medical marijuana rally in Tennessee, a UN agency says the herbicide used to spray Colombian coca crops causes cancer, and more.

Snohomish County, WA, is not jailing heroin addicts for nonviolent, misdemeanor offenses. (wikimedia.org)
Marijuana

Massachusetts Attorney General Opposes Legalization. Attorney General Maura Healey said today that while she supported a successful decriminalization initiative a few years ago, she doesn't support legalization. "I supported the effort to decriminalize small amounts of marijuana a few years ago, and I appreciated the motivation behind that move and ultimately, the law," Healey told Boston Herald Radio. "What I oppose though now is full legalization of marijuana." She said her views were informed by discussions with her counterparts in Washington and Colorado, who told her they had not seen a drop in drug trafficking and that people came from out of state to buy marijuana. A legalization bill is pending, and the state could see two different initiative campaigns next year if the legislature fails to act.

New Jersey Legalization Advocates Smoke Out in Trenton. More than a hundred people showed up for the "Spring Smoke Out" rally at the statehouse in Trenton Saturday. Led by veteran Garden State pot activist Ed "NJ Weedman" Forchion, the group toked up amid chants of "One, two, three four, smoke, smoke, smoke some more!" and demanded an end to pot prohibition.

Medical Marijuana

Idaho CBD Cannabis Oil Bill Heads for Senate Floor Vote. A bill that would allow for the use of cannabis oil to treat severe forms of epilepsy passed the Senate State Affairs Committee last Friday and now heads for a Senate floor vote. The measure is Senate Bill 1106. Another cannabis oil bill that would only allow an affirmative defense, Senate Bill 1146, also awaits a Senate floor vote.

Louisiana Medical Marijuana Bill Pre-Filed. State Rep. Dalton Honore (D-Baton Rouge) has pre-filed a bill that would allow for the use of marijuana for specified medical conditions, including seizure disorders, glaucoma, cancer, and the side effects of cancer treatments. The bill is House Bill 6. Last year, similar legislation failed to get out of committee in the face of opposition from law enforcement. The session begins April 13.

Tennessee Advocates in Smoky Mountain Medical Marijuana Rights Rally. Hundreds of people showed up for the Smoky Mountain Medical Marijuana Rights Rally and march in Johnson City Saturday. The rally comes as the state legislature considers a number of medical marijuana-related bills.

International

Bolivia Lashes Out at US Anti-Drug Report. The Bolivian government rejects the State Department's anti-drug report, released last week, which said the country is not complying with international anti-drug trafficking obligations."The report is unacceptable. The only thing it does is to put more obstacles to the hypocritical call to reestablish bilateral relations. This is the double standard policy that he US has and will always have," Government ministry spokesman Hugo Moldiz said.

Ten Killed in Mexico Cartel Attack on Police. Suspected drug gang members attacked a convoy of Mexico's newly militarized police force, the gendarmerie, in Jalisco state last Thursday, leaving five policemen dead, as well as three gang members, and two bystanders. It was one of the deadliest attacks on police since President Enrique Pena Nieto took office in December 2012.

UN Agency Links Herbicide Used to Spray Colombian Coca Crops to Cancer. The International Agency for Research on Cancer, a research arm of the World Health Organization, said last Thursday it had reclassified the herbicide glyphosate as a carcinogen. It cited what it said was convincing research showing that the herbicide creates cancer in lab animals and that it could cause non-Hodgkin's lymphoma in humans. Under a US-government supported program, Colombia has sprayed more than four million acres of land with the stuff in a bid to destroy coca crops. The Colombian government, however, expressed concern, but didn't say it was ready to stop the spraying. Eliminating cocaine "transcends" other concerns, said Health Minister Alejandro Gaviria.

Chronicle AM: DEA "Cold Consent" Searches, NYC Calls for Pot Legalization, KY Heroin Bills Collide, More (3/20/15)

An Ohio legalization initiative heads for signature-gathering, the NYC city council calls for decrim and legalization, the DEA's "cold consent" searches get critiqued, Kentucky pols can't agree on how to deal with heroin, and more.

A Justice Department OIG report criticizes the DEA's "cold consent" seaches. (justice.gov)
Marijuana

Louisiana Legalization Bill Pre-Filed. State Rep. Dalton Honore (D-Baton Rouge) has pre-filed a marijuana legalization bill. He submitted House Bill 117 yesterday. To go into effect, it would have to both pass the legislature and be approved by the electorate in the November 2016 election. Louisiana has some of the country's harshest marijuana laws.

Ohio Ballot Board Clears ResponsibleOhio Legalization Initiative. Backers of the ResponsibleOhio legalization initiative have cleared the final hurdle before beginning signature-gathering. The state Ballot Board agreed that the proposal amounts to a single constitutional amendment, so it's good to go. Backers will now need to gather more than 300,000 signatures by July to qualify for the ballot. The amendment would allow only 10 growing sites already promised to investors.

NYC City Council Calls for Decriminalizing and Legalizing Marijuana. This week, the New York City Council called for the state to pass legislation to both decriminalize and to tax and regulate marijuana. As part of the Council's State Budget and Legislative Agenda for the 2015-2016 legislative session, the council urged the state legislature to pass two marijuana policy reforms -- the Fairness and Equity Act and the Marijuana Regulation and Tax Act (MRTA). The Speaker of the City Council, Melissa Mark-Viverito had previously announced her support for marijuana legalization in November, but this marks the first time that decriminalization and legalization have been part of the Council's official legislative agenda.

Medical Marijuana

Georgia Medical Marijuana Bill Wins Senate Committee Vote. The Senate Health and Human Services Committee approved House Bill 1 yesterday. The measure has passed the House and now heads for a Senate floor vote.

Methamphetamine

New York Senate Approves Bill to Increase Meth Penalties. The Senate has passed Senate Bill 1150, which would increase penalties for meth possession and sale. Meth would be treated similarly to heroin and cocaine under the bill. The bill is now in the Assembly Codes Committee as Assembly Bill 5577.

Opiates

Kentucky Legislators Still Can't Agree on Heroin Bills. House and Senate negotiators met yesterday to try to reach a compromise on competing bills that address heroin use in the state, but mainly agreed to disagree. There are differences over increasing penalties for heroin dealers, whether to allow needle exchanges, and on how to protect people who report overdoses. There is now a chance legislators could agree on a compromise that simply omits the sentencing and overdose reporting provisions.

Asset Forfeiture

Sen. Chuck Grassley Investigating Asset Forfeiture Abuses in US Marshals Service. The Iowa Republican sent a letter Wednesday to the agency demanding documents after he received whistleblower allegations that the service's Asset Forfeiture Division had used asset forfeiture monies "to purchase extravagant office decorations such as custom wall paper and window treatments." He is also looking into allegations of favoritism in hiring at the agency.

Law Enforcement

Justice Department Report Criticizes DEA's "Cold Consent" Searches. In a new report, the Justice Department's Office of the Inspector General details how the DEA's use of "cold consent" searches, where agents confront travelers at airports, bus, and rail stations and "ask" for consent to search them, may be racially profiling passengers and unjustly seizing their money. Click on the title link or read the report for lots more detail.

Reentry and Rehabilitation

Ex-Felon Federal Voting Rights Bills Filed. Sen. Ben Cardin (D-MD) has filed S 772 to secure the federal voting rights of people who have served their time. Rep. John Conyers (D-MI) has filed a companion bill, HR 1459, in the House.

Sentencing

Smarter Sentencing Act Picks Up More Cosponsors. The Senate version, S 502, now has nine cosponsors, with the latest being Sen. John Isaakson (R-GA). The House version, HR 920, now has 22 cosponsors, with six signing on in the past week. The bills would retroactively apply provisions of the Fair Sentencing Act and would reduce mandatory minimum sentences.

International

Canada Supreme Court Takes Up Medical Marijuana Edibles. The high court is hearing a case where plaintiffs charge that Health Canada violated medical marijuana patients' constitutional rights to life, liberty, and safety by barring any form of marijuana except dried plants. The government has lost at every step of the legal process so far, but continues to argue the case.

Zambia Opposition Party Joins Green Call for Marijuana Legalization. Zambia's second largest opposition party, the United Party for National Development, has joined the Greens in calling for the legalization of marijuana cultivation. "There is nothing wrong with cannabis. Just like you and me 'dear reader' Cannabis Sativa, the plant, was also created by God," wrote party vice-president for political affairs Canisius Banda. "Cannabis is a resource. Cannabis must be decriminalized the world over. Nonetheless, regulation, albeit wise, just as it exists for many other things ought to remain. Just like Zambia boasts of Copper, California boasts of Cannabis, the biggest cash crop, responsible for US$14 billion a year in sales. Zambia would do well, under decriminalized but controlled conditions, to start growing Cannabis, and at least, for now until we are a bit more civilized, only for export to countries that have made it legal."

Chronicle AM: More Pot Bills, Asset Forfeiture Action, Silk Road Conviction, Peru Coca "No Fly Zone," More (2/5/15)

The marijuana reform bills keep on coming, Oregon activists fight to protect legalization there, the feds get a conviction in the Silk Road case, there's news on the asset forfeiture front, and more. Let's get to it:

This message appeared when the feds busted Silk Road.
Marijuana Policy

New Approach Oregon to Fight to Defend Marijuana Legalization Law. The group that successfully managed the Measure 91 campaign to free the weed is now mobilizing to ensure that the legislature doesn't undo the will of the voters. The move comes as legislators contemplate various bills that would modify the initiative, including allowing localities to ban marijuana businesses. "We want a marijuana policy that reflects the will of the people," said Anthony Johnson, chief petitioner for Measure 91. "Instead of making major changes, the state first needs to get the basics of implementation right -- like childproofing, labeling, testing, packaging, auditing, inspecting, taxing, licensing and background checks."

Massachusetts Legalization Bill Filed. Rep. Dave Rogers (D-Cambridge) and at least 10 other legislators have introduced a bill to legalize marijuana for adults 21 and over and allow for marijuana commerce in the Bay State. The measure has not yet been assigned a bill number and is currently known as House Docket 3436, the "Cannabis Regulation and Tax Act of 2016."

Illinois Limited Legalization Bill Filed. State Sen. Michael Noland (D-Elgin) has introduced a bill that would legalize the possession of up to 30 grams of marijuana and the cultivation of up to five plants, but which would not allow for legal marijuana commerce. The measure is Senate Bill 753. A decriminalization bill, House Bill 218, was filed days earlier in the House.

Connecticut Legalization Bill Filed. House Deputy Majority Leader Rep. Juan Candelaria has filed a bill to "allow marijuana use for persons twenty-one years of age and older, and to regulate the sale, possession, use and growth of marijuana." That's all the bill says at this point. The measure is House Bill 6703. A bill introduced last month, House Bill 6473, would decriminalize it.

Medical Marijuana

Five Hawaii Bills to Get Hearing Saturday. The House Committee on the Judiciary and Committee on Health will hear five medical marijuana-related bills, including one that establishes dispensaries, one that allows patients to transfer marijuana to other patients and caregivers and increases quantity amounts, one that allows doctors to determine which medical conditions qualify, one that bars employers from punishing employees who are patients for a failed marijuana drug test, and one that bans infusing trademarked products with marijuana. Click on the link for bill and hearing details.

Virginia CBD Medical Marijuana Bill Passes Senate. The state Senate this afternoon approved Senate Bill 1235, which would allow for the use of high-CBD cannabis oil. A similar bill is before the House of Delegates.

Asset Forfeiture

New Institute of Justice Report on Civil Asset Forfeiture. The report is Seize First, Question Later: The IRS and Civil Forfeiture. "Federal civil forfeiture laws give the Internal Revenue Service the power to clean out bank accounts without charging their owners with any crime. Making matters worse, the IRS considers a series of cash deposits or withdrawals below $10,000 enough evidence of "structuring" to take the money, without any other evidence of wrongdoing. Structuring -- depositing or withdrawing smaller amounts to evade a federal law that requires banks to report transactions larger than $10,000 to the federal government -- is illegal, but more importantly, structured funds are also subject to civil forfeiture," says the report's executive summary.

Colorado Civil Asset Forfeiture Reform Bill Filed. State Sen. Laura Woods (R-Arvada) has filed House Bill 006, which would require a criminal conviction before civil asset forfeiture could take place. "I was spurred by complaints from citizens who are watching what's going on across the country. As there is more policing-for-profit and seizing-for-salaries -- as they say -- they were contacting me with concerns," Woods said. The bill would also set a $50,000 threshold for local law enforcement to be able to turn seizures over to the federal government in a bid to "de-incentivize" that practice.

Virginia Civil Asset Forfeiture Reform Bill Passes House. A bill that would require a criminal conviction before civil asset forfeiture can be undertaken passed the House of Delegates yesterday. The vote was an overwhelming 92-6. The measure, House Bill 1287, now goes to the Senate.

Harm Reduction

International Harm Reduction Conference 2015 Set for Malaysia in October. Click on the link for more details and registration information. There's a call for papers, but that ends March 27.

Drug Testing

Texas Food Stamp Drug Testing Bills Filed. State Sen. Jane Nelson (R-Flower Mound) has filed Senate Bill 54 and Rep. Ken King (R-Canadian) has filed House Bill 352. Both bills would require food stamp applicants to be screened for possible drug use, with those deemed likely drug users made to take and pass a drug test.

Law Enforcement

Silk Road Dark Web Drug Marketplace Operator Found Guilty. A federal jury in New York City Wednesday convicted Ross Ulbricht on federal drug trafficking charges for operating the Silk Road web site, where hundreds of millions of dollars worth of illegal drugs and other goods were sold. He is now looking at up to life in prison. Meanwhile, other dark web drug marketplaces continue to spring up.

International

Peru Declares "No-Fly Zone" Over Major Coca-Growing Region. Civilian aircraft are now barred from flying over the Valley of the Apurimac, Ene, and Mantaro Rivers (VRAEM), Peru's largest and most lawless coca-producing region, without prior military approval. The government of President Ollanta Humala took the step in a bid to stop a growing number of small planes from smuggling cocaine to neighboring countries. The move brings Peru one step closer to reinstituting a policy of shooting down unauthorized airplane flights. That policy ended in 2001, when the military accidentally shot down a plane that wasn't carrying drugs, killing a US missionary and her baby.

Chronicle AM: DEA License Plate Spying; Federal Asset Forfeiture, Hemp & State MedMJ Bills Filed (1/27/15)

A marijuana business group predicts 18 states will legalize by 2020, medical marijuana bills get filed in Florida and Pennsylvania, the DEA is tracking your license plates, federal asset forfeiture reform and hemp bills are filed, and more. Let's get to it:

Arcview sees legalization in 18 states by 2020.
Marijuana Policy

ArcView Group Predicts 18 States Will Legalize By 2020. ArcView Market Research, a firm that pairs investors with marijuana-related businesses, is predicting that 18 states will have legalized marijuana by the end of 2020. Those states are: Arizona, California, Massachusetts, Maine, Nevada, Rhode Island, and Vermont by 2016; Connecticut, Delaware, Maryland, Montana, New Hampshire, and New Jersey by 2020. Alaska, Colorado, Oregon, and Washington have already legalized it, as has the District of Columbia.

Southern California Legalization Meetings Planned. The California Coalition for Cannabis Policy Reform, which is working to create a unified movement behind a legalization initiative in 2016, will be holding a series of meetings in Southern California this weekend. There will be events in West Hollywood, Riverside, San Diego, and Santa Ana. They want people to RSVP. Click on the link for meeting details.

Medical Marijuana

Full-Blown Medical Marijuana Bill Filed in Florida. State Sen. Jeff Brandes (R-St. Petersburg) has filed Senate Bill 258, which would regulate the cultivation, distribution, and use of medical marijuana in the state. The proposal larger mirrors that failed constitutional amendment that won 57% of the vote last year (it needed 60% to pass because it was a constitutional amendment). The state passed a medical marijuana bill last year, but it was limited to high-CBD cannabis oils. Brandes is chair of the Senate Transportation Committee and sits on the Criminal Justice Committee, too.

Medical Marijuana Bill Reintroduced in Pennsylvania. State Sens. Daylin Leach (D-Montgomery) and Mike Folmer (R-Dauphin) have reintroduced a medical marijuana that died late in the last session. The new bill, Senate Bill 3, is almost identical to last year's Senate Bill 1182. It has a bipartisan batch of cosponsors -- 11 Republicans and 14 Democrats.

Iowa Medical Cannabis Oil Registrations Now Open. The Department of Health has completed establishing a process to approve and generate medical cannabis oil registration cards. The legislature passed a bill last year allowing for such use. The relevant Health Department web page is here.

Hemp

Federal Hemp Bill Filed. Rep. Thomas Massie (R-KY) has filed HR 525, which would amend the Controlled Substances Act to exclude industrial hemp from the definition of marijuana. The bill has 47 cosponsors -- 31 Democrats and 16 Republicans. It's been assigned to the House Judiciary and House Energy and Commerce committees.

Asset Forfeiture

Federal Civil Asset Forfeiture Reform Bill Filed. Sen. Rand Paul (R-KY) has reintroduced the Fifth Amendment Integrity Restoration (FAIR) Act, SB 255. The measure would end the federal government's Equitable Sharing program for civil asset forfeiture. An identical measure has been introduced in the House. The bills are headed for each house's respective judiciary committees.

Law Enforcement

DEA is Spying on Millions of Vehicles. A license plate tracking program run by the DEA is building a national database that tracks the movement of vehicles around the US. The secret domestic intelligence-gathering program has scanned and stored hundreds of millions of records about motorists, all without a warrant. The DEA's uses of license plate readers on a massive scale "raises significant privacy concerns," said Sen. Patrick Leahy, senior Democrat on the Senate Judiciary Committee. "The fact that this intrusive technology is potentially being used to expand the reach of the government's asset-forfeiture efforts is of even greater concern." There's much more at the link.

Chronicle AM: VA Forfeiture Reform, Jamaica to Decriminalize, Supreme Court Drug Dog Case, More (1/22/15)

There's medical marijuana action in the states, the Supreme Court hears a case about drug dogs, Jamaica is about to decriminalize ganja, an asset forfeiture reform bill is moving in Virginia, and more. Let's get to it:

South Dakota Highway Patrol drug dog and trainer. How long can you be detained waiting for them to show up? (dps.sd.gov)
Marijuana Policy

Washington State "Comprehensive Marijuana Reform Act" Filed. State Sen. Jeanne Kohl-Welles (D-Seattle) is filing this week legislation designed to bring the state's existing medical and recreational marijuana systems into agreement. "The main intent of my bill is to simplify and unify the two systems so that complex gray areas and dangerous illicit markets will eventually cease to exist," she said. The bill would eliminate unregulated dispensaries and collective gardens, but it would also direct the state Liquor Control Board to increase the number of retail outlets by adopting a competitive, merit- and experience-based licensing application system.

Medical Marijuana

Kansas Parents Get Senate Hearing on Medical Marijuana Bill. The Senate Public Health and Welfare Committee heard Wednesday from parents of chronically ill children were speaking in support of pending medical marijuana legislation, SB 9, introduced by Sen. David Haley (D-Kansas City). Click on the title link for hearing details.

Maine Bill Would Allow Medical Marijuana in Hospitals. State Sen. Eric Brakey (R-Auburn) has filed LD 35, which would allow registered patients to use medical marijuana in hospitals. It does so by adding hospitals to list of eligible primary caregivers, the list of places where patients can store and use medical marijuana, and barring hospitals from prohibiting the use of smokeless marijuana by patients.

Nebraska Medical Marijuana Bill Filed. State Sen. Tommy Garrett (D-Bellevue) has filed LB 643, a full-blown medical marijuana bill that allows patients or caregivers to grow up to 12 plants and possess up to six ounces, envisions a dispensary system, and allows the plant to be used for a specified list of diseases and conditions.

Opiates

New Jersey Legislators Tackle Package of Heroin and Pain Pill Bills. State Sen. Joseph Vitale (D-Woodridge), chairman of the Senate Health, Human Services and Senior Citizens Committee, announced Wednesday that legislators from both parties had introduced a package of 21 bills aimed at confronting widespread heroin and prescription pill use. The bills are designed to increase access to treatment and recovery. Click on the link for more details.

Asset Forfeiture

Virginia House Panel Approves Bill Ending Civil Asset Forfeiture. A bill that would require a criminal conviction before asset forfeiture could take place has passed the Criminal Law Subcommittee of the House Committee for Courts of Justice. HB 1287, sponsored by Del. Mark Cole (R-Spotsylvania) now heads for a full committee vote.

Criminal Justice

Vera Institute for Justice DC Event Next Week Features Sen. Cory Booker. The Vera Institute is hosting "Justice in Focus: The Path Forward," in Washington, DC, next Tuesday. The event will feature a keynote interview with Sen. Cory Booker (D-NJ), as well as panels with other major figures in criminal justice reform. Click on either link for more information and event details.

Drug Testing

Wisconsin Governor Moving Forward With Public Benefits Drug Testing Scheme. Republican Gov. Scott Walker today announced more details of his plan to require drug screening and testing of people seeking public benefits, including food stamps and unemployment benefits. He said that those who fail the drug test would get a chance for free drug treatment and receive job training. More details will come when he unveils his budget proposal on February 3.

Search and Seizure

Supreme Court Hears Arguments Over Roadside Detentions While Awaiting Drug Dogs. How long can a police officer detain you on the side of the highway while waiting for a drug-sniffing dog to come sniff your vehicle? That was the question before the Supreme Court Wednesday. The case is that of a man pulled over in Nebraska. He was issued a warning ticket and asked to consent to a search of his vehicle. He refused, but rather than allow him to go on his way, the officer detained him for eight more minutes until a drug dog arrived. From their questions, it doesn't appear the justices are inclined to side with the defendant; click the link to get the flavor of their comments. The case is Rodriguez v. US.

International

Jamaica is About to Decriminalize Ganja. The island nation most closely associated with marijuana is about to decriminalize it. The Jamaican cabinet Monday approved a bill that would do just that, as well as allow for the creation of medical marijuana and hemp industries. The bill, the Dangerous Drugs (Amendment) Act of 2015, goes to the Senate tomorrow and will be debated there next Friday. It would decriminalize the possession of up to two ounces of ganja; allow its use for religious, medical, scientific, and therapeutic purposes; prohibit smoking it in public places; and provide for the granting of licenses for the development of a legal hemp and medical marijuana industry.

Federal Appeals Court Blocks Florida Governor's Bid to Drug Test Welfare Applicants [FEATURE]

[This article was written in partnership with Alternet, and was originally published here.]

Florida Governor Rick Scott's (R) drug testing crusade hit yet another roadblock Wednesday as a federal appeals court upheld a lower court's ruling that his plan to make welfare applicants submit to mandatory, suspicionless drug tests was unconstitutional.

As other Republican governors -- most notably Scott Walker in Wisconsin and Paul LePage in Maine -- did in this year's election campaign, Rick Scott made drug testing a key campaign promise in his 2010 election campaign. The following year, the Republican-dominated state legislature acceded to Scott's request and passed a welfare drug testing law.

Welfare applicants weren't the only target of Scott's drug testing push. He also sought to impose random, suspicionless drug testing on state employees through an executive order. But that was struck down by the federal courts as violating the Fourth Amendment's proscription against unreasonable searches and seizures. The US Supreme Court denied his appeal of that ruling in August.

And now, the second prong of Scott's drug testing thrust has been struck down. The decision came in Lebron v. Florida Department of Children and Families, in which Navy veteran, college student, and single father Luis Lebron filed for food stamp assistance, but was denied after he refused to undergo a drug test. Supported by the ACLU of Florida and the Florida Justice Institute, Lebron sued to have the law overturned.

Citing a lengthy history of federal court precedents, Lebron's legal team argued that like the random, suspicionless drug testing of state workers, the mandatory, suspicionless drug testing of welfare applicants violated the Constitution's protections against unreasonable searches and seizures. US District Court Judge Mary Scriven agreed, ruling in 2011 that the policy was unconstitutional.

The never-say-die Scott appealed that decision. The 11th Circuit Court of Appeals in Atlanta held a hearing on the case on November 20. It then took less than two weeks to reach its decision.

The bipartisan panel of federal judges ruled unanimously that the state of Florida had failed to provide any evidence that there was a strong government need to strip welfare applicants of constitutional protections.

"We have no reason to think impoverished individuals are necessarily and inherently prone to drug use, or, for that matter, are more prone to drug use than the general population," Judge Stanley Marcus wrote for the court. "The State has presented no evidence demonstrating that drug testing saves a significant portion of TANF funds that could otherwise be spent on drugs," he added, pointing to a 2000 state study that found welfare applicants were less likely to use drugs than the general population and noting that in the three months the drug testing program was in effect, only 2.76% of applicants tested positive.

Florida Gov. Rick Scott gets shot down again on drug testing (florida.gov)
"In the final analysis, the warrantless, suspicionless urinalysis drug testing of every Florida TANF applicant as a mandatory requirement for receiving Temporary Cash Assistance offends the Fourth Amendment. On this record, the State has not demonstrated a substantial special need to carry out the suspicionless search -- we see no concrete danger, only generalized public interests," Marcus wrote.

Marcus also noted that "citizens do not abandon all hope of privacy by applying for government assistance" and that "by virtue of poverty, TANF applicants are not stripped of their legitimate expectations of privacy." Having to urinate in a cup in front of another person "intrudes upon expectations of privacy that society has long recognized as reasonable," he added.

Nor were the judges buying the state's argument that welfare applicants effectively waived their constitutional rights by consenting to drug tests as a condition of receiving benefits or that the state had a "special need" to protect the children of drug-using welfare applicants.

"[T]he State cannot use consent of the kind exacted here -- where it is made a condition of receiving government benefits -- to wholly replace the special needs balancing analysis," the court held. "We respect the State's overarching and laudable desire to promote work, protect families, and conserve resources. But, above all else, we must enforce the Constitution and the limits it places on government. If we are to give meaning to the Fourth Amendment's prohibition on blanket government searches, we must -- and we do -- hold that [the welfare drug testing law] crosses the constitutional line."

While, given a solid line of federal court setbacks for the law, the 11th Circuit's decision was not exactly a surprise, advocates pronounced themselves well-pleased.

"The 11th Circuit has affirmed that the 4th Amendment applies to everyone, even those applying for government assistance, said Florida Justice Institute executive director Randall Berg. "The same rationale for requiring suspicionless drug tests of TANF recipients could be used to require suspicionless searches for any kind of government benefit, whether it is social security, farm subsidies, or student scholarships. Today, the court has rejected that rationale, drawing a clear line that will keep us from going down that slippery slope."

"We are very pleased by the Court's opinion, which once again makes clear that the US Constitution forbids the State of Florida from subjecting ordinary private citizens to invasive and unwarranted searches," said ACLU of Florida associate legal director Maria Kayanan.

"This is a resounding affirmation of the values that the Fourth Amendment of the U.S. Constitution protects -- that none of us can be forced to submit to invasive and humiliating searches at the whim of the government, and that the Constitution protects the poor and the wealthy alike," she continued. "The Court has once again confirmed what we argued all along: that the state of Florida cannot treat an entire class of people like suspected criminals simply because they've asked the State for temporary assistance."

While the federal courts have been clear that, with limited exceptions, mandatory, suspicionless drug testing violates the Constitution, Republican governors and legislators in other states have responded by passing public benefits drug testing laws that can pass constitutional muster by first establishing some sort of "reasonable suspicion" before requiring drug testing. According to the National Council of State Legislatures, at least 11 states have done so.

The results have not been particularly impressive. In Kansas, only 20 people have been tested in the first four months the law has been in effect; four failed the drug test. Next door in Missouri, the state is spending $336,000 a year on its welfare drug testing. It has tested 655 people; 69 failed the drug test. But 711 others refused to take it. In Utah, a year after it passed a 2012 welfare drug testing law, the state had spent $30,000 to drug test applicants, but only came up with 12 who tested positive. In Tennessee, where a similar law went into effect this year, the state has tested 800 applicants, with only one person testing positive.

But whether public benefits drug testing programs actually either save states money by reducing welfare rolls or help families by encouraging recipients to go straight is probably not as important to politicians as the political calculus behind them. With its coded appeal to racial and class hostilities wrapped in a guise of caring and fiscal responsibility, it's a red meat issue for the Republican base.

Atlanta, GA
United States

Chronicle AM: GOP Still Going After DC Pot Laws, FL Welfare Drug Test Law Blocked, More (12/4/14)

The GOP is yet to give up the ghost on blocking DC marijuana reforms, NYC Mayor de Blasio's new no-arrest pot possession policy is having an impact, Florida Gov. Rick Scott's pet welfare drug testing bill gets rejected by a federal appeals court, and more. Let's get to it:

Marijuana Policy

Republican Effort to Block DC Decriminalization, Legalization Still Lives. Key Republican House and Senate members are set to decide whether to accept a policy rider from Rep. Andy Harris (R-MD) that would block federal funds from being used to legalize or reduce penalties for pot, Roll Call reports. The rider is the form of an amendment to the DC appropriations bill. "It seems like the marijuana issue has been kicked up to the 'big four.' So that'll get settled," Rep. Ander Crenshaw (R-FL) said Tuesday, referring to the chairmen and ranking members of the House and Senate Appropriations committees who are negotiating the spending package. Harris's amendment passed the House in June, but was not included in the Senate version of the bill.

Alaska Could Generate $7 Million in Pot Tax Revenues in First Year, Report Finds. A Legislative Research Service report commissioned by Alaska lawmakers estimates that the state could take in $7 million in marijuana taxes in its first year. But the report also noted that the cost of implementing rules and regulations to govern the newly legal industry could be about as much.

Georgia Lawmaker Files Legalization Initiative Bill. Sen. Curt Thompson (D-DeKalb County) has pre-filed Senate Resolution 6, which would, if passed, put a constitutional amendment legalizing marijuana before the voters. "I anticipate us having a discussion this session. I don't know where it will lead, but if you don't ask you don't get," Thompson said.

New York City Mayor Says Pot Arrests Down Dramatically With New Policy. In the first two weeks of a new policy directing the NYPD to merely ticket -- not arrest -- people for small-time marijuana possession, pot arrests have dropped more than 60%, Mayor Bill de Blasio said Wednesday.

Wyoming Not There Yet on Legalization. A University of Wyoming poll found that only 35% approved of the personal use of marijuana by adults, with 60% opposed. But, hey, that's up 12 points from a similar question asked by the same pollsters in 2000. Cowboy State residents, however, do come down in favor of medical marijuana, with 72% approving. That number is unchanged from the 2000 poll.

Medical Marijuana

California Medical Marijuana Regulation Bills Filed. Legislators will try again next year to bring statewide regulation to the state's medical marijuana industry. Assemblymember Reggie Jones-Sawyer (D-Los Angeles) has filed Assembly Bill 26, which largely revives Tom Ammiano's failed AB 1894 from this year, while Rep. Rob Bonta (D-Oakland) has filed Assembly Bill 34, which is a one-sentence placeholder bill saying it is intended to regulate medical marijuana.

Drug Testing

DC Council Passes Bill to Ban Pre-Employment Marijuana Testing. The council Tuesday approved a bill that will bar employers from drug testing potential new hires before a job offer is made. The bill is B20-0728, the "Prohibition of Pre-Employment Marijuana Testing Emergency Act of 2014." While the bill bars pre-employment testing for marijuana, it does allow for on-the-job testing for marijuana, noting that employees "must still adhere to the workplace policies set forth by their employer."

Federal Appeals Court Blocks Florida Welfare Drug Testing Law. The 11th US Circuit Court of Appeals in Atlanta has upheld a lower court ruling that Gov. Rick Scott's pet welfare drug testing law is unconstitutional. The ruling came in Lebron v. Florida Department of Children and Families and is in line with other federal precedent on the issue. The federal courts have held that, with few exceptions, suspicionless drug testing is a violation of the Fourth Amendment's protection against unlawful searches and seizures.

Michigan House Approves Suspicion-Based Welfare Drug Testing Bill. The House voted Wednesday to approve Senate Bill 275, which would create a pilot program mandating suspicion-based drug testing of welfare recipients. The measure has already passed the Senate, but now awaits a concurrence vote after the bill was amended in the House. One of those amendments stripped a provision from the bill that would have allowed the Department of Human Services to provide cash assistance to "an appropriate protective payee" for children if their parents lose benefits because of failing the drug test.

New Synthetic Drugs

Another Bill to Ban New Synthetic Drugs Filed in Texas. Sen. Charles Perry (R-Lubbock) Wednesday filed Senate Bill 199, which would add specified newly discovered synthetic drugs to the Texas Controlled Substances Act and create a provision designed to ban analogues as well. Two other bills aimed at new synthetics have already been filed for next year's session.

Chronicle AM: CA MedMJ Organ Transplant Petition, PA Harm Reduction Law, TX Fake Pot Bill, More (12/1/14)

Oregon's dispensary law continues to be thrashed out in the courts, a Pennsylvania 911 Good Samaritan and naloxone access law has gone into effect, Minnesota gets medical marijuana growers, there's a Texas bill targeting synthetic cannabinoids, and more. Let's get to it:

"Spice" and other synthetic cannabinoids are under the gun in Texas. (wikipedia.org)
Marijuana Policy

APA Call for Papers on Marijuana Legalization. The American Psychological Association's (APA) journal, Psychology of Addictive Behaviors, is seeking empirical (research, both original and meta-analyses) and theoretical (review) papers examining trends in marijuana use and use disorders and clinically-related research on the drug's addictive potential and health effects. The APA notes that policy is shifting "toward medicalization and legalization of marijuana" and says that "research on the potential effects of this drug is critical as the public health significance of marijuana is debated in this country." Click on the link for submission requirements and deadlines.

Alaska Marijuana Business Group Angling for Industry-Friendly Rules. A small number of people interested in getting into the marijuana business in Alaska have formed the Coalition for Responsible Cannabis Legislation to advocate for regulations and rules that will "let the market decided who makes it or who fails," said the Coalition's Bruce Shulte. The group says it will work with legislators and the Alcoholic Beverage Review board to guide rulemaking. The state has until late next year to come up with regulations and to decide whether to use the review board to regulate marijuana or create a new entity.

Medical Marijuana

Oregon to Appeal Court Ruling that Cities Can Ban Dispensaries. The state earlier this month filed an appeal of a circuit court ruling that the city of Cave Junction can deny a business license to a medical marijuana dispensary. Josephine County Circuit Court Judge Pat Wolke ruled that the state's dispensary law, enacted last year, did not block the ban, but didn't rule on state constitutional issues involved. The city has also appealed the ruling.

Minnesota Names Two Medical Marijuana Growers. The state Department of Health today named two groups that it has selected to grow marijuana under the state's new law. LeafLine Labs and Minnesota Medical Solutions ("MinnMed") will be allowed to grow, process, and distribute medical marijuana products. Medical marijuana is supposed to be available for patients by next July.

ASA Petition for California Medical Marijuana Organ Transplant Act. The medical marijuana defense and advocacy group Americans for Safe Access is leading a petition drive to garner support for state legislation to patients who are being denied access to organ transplants because of their medical marijuana use. The proposed legislation is the Medical Marijuana Organ Transplant Act. It would bar the denial of organ transplants because of medical marijuana use. Click on the title link for more information and to sign the petition.

Harm Reduction

Pennsylvania Harm Reduction Law Goes Into Effect. A state law that puts the opiate overdose reversal drug into the hands of first responders went into effect today. The law also contains a 911 Good Samaritan provision, providing some legal protections for people who witness and report overdoses. The law is Act 139. The state has recorded more than 3,000 opiate overdose deaths since 2009.

New Synthetics

Texas Bills to Ban Synthetic Marijuana Proposed. State Sen. Joan Huffman (R-Houston) has pre-filed two bills aimed at criminalizing synthetic cannabinoids in the Lone Star State. The two bills, Senate Bill 172 and Senate Bill 173 designate certain synthetic cannabinoids as controlled substances under the state Controlled Substances Act. Huffman is chairwoman of the Senate Republican Caucus and vice-chair of the Senate Criminal Justice Committee. She won Texas Monthly's award for "worst legislator of 2013," in part because of her intransigently conservative stands on criminal justice issues.

International

Uruguay Ruling Party Keeps Presidency, Marijuana Law Should Be Safe. Pepe Mujica's legacy as the man who legalized marijuana in Uruguay should be safe after his Broad Front's candidate, Tabare Vazques, won Sunday's election to succeed him. Center-right opposition candidate Luis Lacalle Pou had threatened to repeal much of the law if he was elected. Vazquez, however, is not as enthusiastic about the law as Mujica was, and has said he might modify it. Roll out of the pharmacy sales portion of the law was supposed to happen at year's end, but was just pushed back until at least March.

Australia Goes Wild With Drug Dog Searches, Doesn't Find Much. Police in New South Wales are subjecting thousands of people to "intrusive and humiliating" police searches after being falsely identified by drug-sniffing dogs as carrying drugs, according to statistics revealed after a request from the New South Wales Green Party. Nearly 17,800 people were searched after being alerted on by drug dogs, but in nearly two-thirds (64%) of those cases, no drugs were found, and only 2.4% of searches led to successful prosecutions. The Greens complained that the use of drug dogs outside festivals was potentially dangerous, causing some users to either take all their drugs before traveling to events and others to consume them in a panicked fashion when it becomes evident a drug dog sniff looms.

New Zealand Meth Use Up After "Legal Highs" Banned. Addiction specialists are reporting that former meth users have gone back to the drug after the country reversed course and criminalized new synthetic drugs. The country had sought to regulate the new synthetics, but reversed course in May after loud public discontent with open drug use and strange behavior. "People who have used methamphetamine in the past are now going back to using it after the legal highs came off the market," explained one addiction counselor.

Chronicle AM: Bad Cops in CO, CT MedMJ, VA Decrim Bill, WA Drug Defelonization Bill, More (11/26/14)

We have a couple of disturbing Colorado police stories, a marijuana decrim bill will be filed in Virginia, and a drug decrim one in Washington state, Connecticut patients seek to expand the list of conditions, Florida will try again on medical marijuana, and more. Let's get to it:

Marijuana Policy

New Idaho Group Forms to Fight for Pot Law Reform. A new group has formed to push for marijuana legalization in a most pot-unfriendly place: Idaho. Although it now borders two legal marijuana states -- Oregon and Washington -- Idaho continues its last-century approach to marijuana. Now, New Approach Idaho wants to change that with a new initiative effort. It has its work cut out for it: The last time activists tried to get an initiative on the ballot there, they were only able to come up with 11,000 of the necessary 60,000 voter signatures.

Virginia Legislator Will File Decriminalization Bill in January. State Sen. Adam Ebbin (D-Alexandria) has said he will fill a bill to decriminalization the possession of small amounts for the next session of the legislature. "This is not going to legalize marijuana. It is going to make it no longer have a criminal penalty," he said. Under current law, a first possession offense is a misdemeanor punishable by up to 30 days in jail and a $500 fine. Ebbin's bill would make possession a civil offense, with a maximum $100 fine.

Medical Marijuana

Connecticut Doctors' Panel Hears Request to Add More Conditions. The state Medical Marijuana Program's Board of Physicians heard today from patients and advocates pleading with them to expand the state's medical marijuana law to include more medical conditions. The board has received petitions seeking to add severe psoriasis and psoriatic arthritis; sickle cell disease; Tourette's disorder; and post-laminectomy syndrome with chronic radiculopathy -- chronic pain after back surgery -- to the list of qualifying maladies. The program is accepting written submissions, petitions, and testimony from the public until December 12 and will deliberate on the issue in January. If it approves adding new conditions, that's just the first step. Click on the link for all the bureaucratic details.

Florida Advocates Announce Plans for a 2016 Initiative. United for Care, the group behind this year's medical marijuana initiative that came up just short, has announced it will try again in 2016. "We are swiftly mobilizing a new petition push to get medical marijuana" on the 2016 ballot, United for Care director Ben Pollara told supporters this week in a fund raising announcement. This year's Measure 2 won 57% of the vote, but it needed 60% because it was a constitutional amendment. It looks like the group is going to go the constitutional amendment route again, despite the higher bar it creates.

Law Enforcement

Citizen Video Captures Denver Police Beating Drug Suspect, Knocking Down Pregnant Wife; Cops Tried to Destroy Evidence. Denver resident Levi Frasier happened upon two police officers attacking a man on the ground and began recording with his tablet computer. Police were repeatedly punching the man in the head, and when his seven-month pregnant wife approached the scene, one of the officers swept her legs out from under her, dropping her to the ground. When police noticed Frasier recording the scene, they seized his tablet without his consent or a warrant and erased the video. But Frazier had software that automatically uploaded his videos to the cloud, and now he has made it available to a local TV station, which is raising many questions about the incident. Click on the link to see the video and the TV station's investigative report.

One Colorado Town's Horribly Out of Control Snitch-Driven Drug Busts. The Denver alternative weekly Westword has a lengthy investigative report on a series of drug busts in the town of Trinidad that repeatedly wrapped up innocent people based on the word of confidential informants who stood to benefit from snitching out others. Most of the cases have now been dismissed, but not without severe damage to the innocent. Local police and prosecutors seem not to care much. Click on the link to read the whole damning piece.

Sentencing

Drug Defelonization Bill to Be Filed in Washington State. State Reps. Sherry Appleton (D-Bainbridge Island) and Jessyn Farrell (D-Seattle) will reintroduce legislation to make drug possession a misdemeanor instead of a felony. The bill will be identical to House Bill 2116, which didn't pass this year. The effort is being supported by Sensible Washington.

International

Cannabis Cafe Quietly Operating in Halifax, Nova Scotia. A members-only marijuana consumption club, the High Life Social Club, has been open for business since early September. The club doesn't allow pot smoking, just vaporizing, nor does it actually sell marijuana -- it's a BYOB (bring your own buds) operation, and local police seem to be okay with it. The only requirement for membership is a payment of $5 and an ID showing you are over 18.

Drug War Issues

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