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Chronicle AM: NH House Passes Decrim, FL GOP Files Restrictive MedMJ Bill, More... (3/8/17)

Marijuana policy continues to play out in state legislatures across the land, asset forfeiture reform is moving in Iowa, the Ohio Supreme Court reverses itself on cocaine sentencing, and more.

The bud is keeping state legislatures busy. (Flickr)
Marijuana Policy

Alaska Cannabis Cafes Are Back Under Consideration. The Marijuana Control Board met Tuesday afternoon in Anchorage and agreed to try again to come up with rules for on-site marijuana consumption at businesses. The notion was shot down at the last board meeting, but revived on a 4-1 vote.

Connecticut Legalization Bills Get Hearing. Lawmakers went into the evening hours Tuesday as they engaged in heated debate over several bills before the General Assembly that would legalize marijuana. Click the link to get the flavor of the dewbate.

New Hampshire House of Representatives Overwhelmingly Approves Bill to Decriminalize Marijuana Possession. The House voted 318-36 Wednesday to approve House Bill 640, which would decriminalize the possession of up to an ounce of marijuana. Similar bills have failed in years past, but opposition seems to have largely evaporated this year. The measure now heads to the Senate.

Los Angeles Voters Approved Marijuana Regulation Initiative. Voters in Los Angeles approved Measure M with nearly 80% voting in favor. The measure would allow the city to regulate legal marijuana businesses when the legal recreational commerce comes on line next year.

Medical Marijuana

Florida Bill Would Ban Smoking and Edibles. Florida voters overwhelmingly approved a medical marijuana initiative in November, but now Rep. Ray Rodrigues (R-Fort Myers) has filed a medical marijuana regulation bill that would ban people from smoking it or using it in edible form. The measure, House Bill 1397, is not yet available on the legislative website. Rodrigues is a member of the Republican House leadership, and the bill represents the Republican approach to expanding medical marijuana access in the state. "It goes further than the current statute in terms of restricting medical marijuana," says Ben Pollara, the medical marijuana initiative's campaign director. "There was unanimous agreement that the new amendment would expand use."

Utah Lawmakers Pass Medical Marijuana Study Bill; Advocates Call it a Trojan Horse. The House voted Wednesday to concur with earlier Senate amendments to House Bill 130 and sent it to the desk of Gov. Gary Herbert (R). The bill allows state universities to study cannabinoid products for their medicinal potential, but doesn't allow for any actual use. Medical marijuana advocates called the bill "a Trojan horse," saying it is merely a delaying tactic.

Wisconsin Legislature Passes CBD Bill. The Assembly voted Tuesday night to approve Senate Bill 10, which would allow for the use of CBD cannabis oil by children suffering seizures. The bill now goes to the desk of Gov. Scott Walker (R), who is expected to sign it.

Asset Forfeiture

Iowa Senate Committee Passes Bill Taking on Asset Forfeiture; Closes Federal Loophole. The Senate Judiciary Committee voted Monday to approve Senate File 446, which would severely limit asset forfeiture without a criminal conviction and which would bar prosecutors from doing an end run around state law by passing cases off to the feds. The bill now heads for a Senate floor vote.

Sentencing

Ohio Supreme Court Reverses Itself, Declares Filler Must Be Included in Drug Weights. Two months after ruling that prosecutors must prove the actual amount of pure cocaine possessed -- not inert filler -- to secure longer sentences, the state Supreme Court has done a U-turn. In a ruling Monday, the court sided with prosecutors and held that the total weight of drug plus filler must be used when determining sentences. The reversal comes after two new judges were named to the court earlier this year, and dissenting Justice Bill O'Neill said that was the only thing that changed. "The logic is unassailable. The possession of baby formula, talcum powder, or baking soda does not pose the same risk to the public's health and safety as possession of cocaine does," O'Neill wrote.

Chronicle AM: PA Auditor General Calls for Legal MJ, NV Public Consumption Bill, More... (3/7/17)

Pennsylvania Auditor General Eugene DePasquale comes out for marijuana legalization, citing the tax revenue boost; a bill to limit home cultivation in Colorado advances, the Arizona Senate approves a hemp bill, the Arkansas Senate kills a no-smoking medical marijuana bill, and more.

Pennsylvania's auditor general has reefer dollar signs in his eyes as he calls for legalization. (Creative Commons/Wikimedia)
Marijuana Policy

Colorado Bill to Limit Home Cultivation Advances. The House Finance Committee voted Monday to approve House Bill 1220, which would limit home grows to 12 plants. Bill sponsors paint it as an effort to prevent diversion to the illegal market, but medical marijuana patients and advocates testified that it could make it difficult for them to grow enough medicine for their needs.

Nevada Bill to Allow Licenses for Public Events With Pot Consumption Filed. The state's leading pro-marijuana reform politician, Sen. Tick Segerblom (D-Las Vegas) filed Senate Bill 236 Monday. The bill, which is not yet available on the legislative website, would allow local governments to issue licenses for one-off events with public pot consumption, as well as licensing pot shops, bars, or other businesses to allow consumption on-premises. The bill has been referred to the Senate Judiciary Committee.

Pennsylvania Auditor Endorses Marijuana Legalization, Says State Could Earn Millions. Auditor General Eugene DePasquale (D) said Monday he supported marijuana legalization and that the state could generate $200 million a year in tax revenues from it. "The regulation-and-taxation-of-marijuana train has rumbled out of the station across the United States," DePasquale said at a press conference in the state capitol. "The question is whether Pennsylvania is going to miss its stop."

Medical Marijuana

Arkansas Senate Kills Bill to Ban Smoking of Medical Marijuana. The Senate voted 15-10 Monday to reject Senate Bill 357, which would have banned smoking medical marijuana. Bill sponsor Sen. Jason Rapert (R-Conway) argued smoking is a public health hazard and that smoking marijuana is a recreational use, not a medicinal one, but his colleagues were not buying his argument.

Hemp

Arizona Senate Passes Hemp Legalization Bill. The Senate has approved Senate Bill 1337, which would authorize industrial hemp production, processing, manufacture, distribution, and sales. It also includes language saying the state cannot prevent hemp commerce merely on the grounds that it is federally illegal.

Drug Policy

West Virginia Bill Would Create Drug Policy Office, Track Overdoses. A bill that would create an office to track fatal drug overdoses passed the House last week and heads to the Senate. House Bill 2620 would provide a central data collection point to track overdoses and arrests in the state. That information could be compiled and used as supporting data in research and as the state applies for federal grant money to combat the state's drug abuse epidemic. The bill is only one of many filed to deal with the opioid problem in the state. Click on the link for more.

Chronicle AM: Israel Cabinet Approves MJ Decrim, NM Senate Approves MJ Decrim, More... (3/6/17)

Legalization bills are getting hearings on the East Coast, decriminalization advances in New Mexico and Israel, a Wyoming edibles penalty bill is dead, and more.

Marijuana Policy

Connecticut Legalization Bill Gets Hearing Tomorrow. The General Assembly's Public Health Committee has a hearing set for House Bill 5314, cosponsored by Rep. Melissa Ziobron (R-East Haddam). The bill would legalize marijuana for people 21 and over, set up a regulatory system for marijuana cultivation and sales, and set up a tax system for marijuana commerce. Other legalization bills proposed by Democrats are awaiting action.

Maryland Legalization Bills Get Hearing. Supporters and foes of marijuana legalization testified before the Senate Judicial Proceedings Committee last Thursday on Senate Bill 927, which would tax and regulate legal marijuana sales, and on Senate Bill 891, which would set up a referendum to amend the state constitution to allow people 21 and over to possess up to two ounces and grow up to six plants. No votes were taken.

New Mexico Senate Approves Decriminalization Bill. The Senate voted last Thursday to approve Senate Bill 258, which would decriminalize the possession of up to a half-ounce of marijuana. Between a half-ounce and eight ounces would remain a misdemeanor. The move comes after the legislature rejected outright legalization. The bill is now before the House Consumer and Public Affairs Committee.

North Dakota Legalization Initiative Supporters Will Try Again. Initiative campaigners gave up a few months ago on signature gathering, but now say they will try again and are aiming at getting a measure on the 2018 ballot. Campaigners said they would have a new petition later this spring or summer.

Wyoming Bill to Set Edibles Penalties Dies Amidst Discord. A conference committee of House and Senate members was unable to reach agreement on how to punish the possession of marijuana edibles, killing House Bill 197. The bill had sought to close a loophole in state law that left it unclear how to punish edibles possession, but originally also included sentencing reductions for marijuana in its plant form. That provision was intended to make the bill palatable to Democratic lawmakers, but it was stripped out of the bill in the Senate. The bill died when the House rejected the Senate version.

Medical Marijuana

Arkansas Medical Marijuana "Fix" Bills Are Moving. The Senate sent two medical marijuana bills to the governor's desk last Thursday, while the House passed three more bills and sent them to the Senate. Winning final legislative approval were House Bill 1556, which bars the use of teleconferencing to certify a patient for medical marijuana, and House Bill 1402, which would allow the state to reschedule marijuana if the federal government does it first. Meanwhile, the Senate will now take up House Bill 1580, which imposes a 4% sales tax on cultivation facilities and a 4% sales tax on dispensary sales; House Bill 1436, which sets an expiration date for dispensary licenses, and House Bill 1584, which would led regulators issue temporary dispensary or cultivation licenses when the original owner ceases to be in control of the business.

West Virginia Medical Marijuana Bills Filed. Sen. Patricia Rucker (R-Jefferson) and 11 cosponsors have filed Senate Bill 386 and companion legislation in the House that would allow for the medical use of marijuana by patients with one of a list of qualifying disorders.

Asset Forfeiture

Mississippi Senate Approves Asset Forfeiture Reform Bill. The Senate voted unanimously last Thursday to approve House Bill 812, which will require law enforcement to report on all forfeitures and creates a new asset forfeiture warrant system under which a judge would have to authorize seizures. The bill had already passed both houses, but had to go back to the Senate for a housekeeping vote. It now head to the desk of Gov. Phil Bryant (R).

International

Israeli Cabinet Approves Marijuana Decriminalization. The cabinet has approved the public safety minister's proposal to decriminalize pot possession. Under the proposal, people caught with marijuana would face only administrative fines for their first three offenses, but criminal charges for a fourth. The measure must still be approved by the Knesset.

Durham Police Will Become First in England to Implement Prescription Heroin and Supervised Injection Sites. Police in Durham are set to begin buying pharmaceutical heroin and providing it to addicts, who will inject it twice a day at a supervised injection site. The plan is currently being studied by public health authorities in the region.

Chronicle AM: Capitol Hill MJ Politics Heats Up, INCB Condemns Philippines Drug War, More... (3/3/17)

Eleven senators urge the Trump administration to leave legal marijuana alone, a federal legalization bill gets introduced, Justin Trudeau says yes to marijuana legalization but no to drug decriminalization, the INCB rips the Philippines' bloody drug war, and more.

Marijuana Policy

Eleven US Senators Urge Trump Administration Not to Mess With Legal Marijuana. Eleven senators, led by Lisa Murkowski (R-AL) and Elizabeth Warren (D-MA) sent a letter to Attorney General Jeff Sessions Thursday urging him to uphold the Obama administration policy of letting states implement their own marijuana laws. "We respectfully request that you uphold DOJ's existing policy regarding states that have implemented strong and effective regulations for recreational use," they wrote. "It is critical that states continue to implement these laws."

Republican Congressman Files Federal Marijuana Legalization Bill. Freshman Virginia Republican Rep. Thomas Garrett has filed a legalization bill, House Resolution 1227, that is identical to the one filed last year by Sen. Bernie Sanders (I-VT). Unlike the Sanders bill, which garnered no cosponsors, this one already has three. Garrett played up the states' rights angle in announcing the bill: "Virginia is more than capable of handling its own marijuana policy, as are states such as Colorado or California," he said.

New Mexico Senate Passes Bill Lowering Marijuana Penalties. The Senate Thursday approved Senate Bill 258, which would make possession of less than a half ounce an administrative offense punishable by no more than a $50 fine. Possession of between a half ounce and an ounce would be a misdemeanor, punishable by no more than a $100 fine. The bill now goes to the House.

Medical Marijuana

Mississippi Bill to Let Pharmacies Dispense CBD Cannabis Oil Goes to Governor. The House Thursday approved Senate Bill 2610, which would amend the state's existing CBD cannabis oil law to allow pharmacies to join the University of Mississippi Medical Center in dispensing the medicine. The bill has already passed the Senate and now heads to the desk of Gov. Phil Bryant (R).

Heroin and Prescription Opioids

Maryland Governor Declares Opioid State of Emergency. Gov. Larry Hogan (R) announced Wednesday that he is declaring a state of emergency around the state's heroin and opioid abuse problem. "I will be signing an executive order declaring a state of emergency in response to rapid escalation of the heroin and opioid crisis in our state," Hogan said. "With this continuing threat increasing at such an alarming rate, we must allow for rapid coordination with our state and local emergency teams." Hogan said issuing the emergency notice would give the state and local emergency agencies more flexibility to deal with the problem.

Asset Forfeiture

Idaho House Passes Civil Asset Forfeiture Reform Bill. The Republican-controlled House voted overwhelmingly Thursday to approve House Bill 202, which would bar police from seizing cash or property merely because it was in close proximity to an illegal substance. The bill also bans seizing vehicles unless they are connected to drug-dealing offenses, requires judicial approval for police to keep assets, and requires police to report on seizures. The bill passed despite opposition from the Idaho Sheriffs' Association. It now goes to the Senate.

International

US to Pressure Colombia to Cut Coca Crop. American drug officials will go to Bogota next week to "engage in serious discussions with the Government of Colombia" about the sharp increase in coca cultivation and cocaine production in the country in recent years, they said in a press briefing on Thursday. Colombia has seen a spike in coca cultivation in 2014 and 2015, the last years for which data is available. "We are working on the problem. It is a serious problem," said William R. Brownfield, assistant secretary of the US Bureau of International Narcotics and Law Enforcement Affairs, during Thursday's press briefing. "Both governments recognize this fact. Both governments realize that it is neither in the interest of Colombia, nor in the United States of America, nor, frankly, any country in the Western Hemisphere or the world, that there be more than a doubling of cocaine production coming from Colombia over the last four -- three or four years."

Justin Trudeau Says Marijuana Legalization Coming, But Rejects Drug Decriminalization for Canada. The Canadian prime minister said Thursday he hoped to have a marijuana legalization bill before parliament this summer, but rejected calls from British Columbia public health officials to decriminalize drug possession in a bid to reduce overdose deaths. "I have a tremendous amount of respect for anyone who is on the front lines," he said. "I always listen very carefully to what they have to say. But at the same time, I can absolutely confirm that we are moving forward on a framework to regulate and control marijuana to protect our kids and keep our communities safer from organized crime, and we are not planning on including any other illicit substances in the movement toward legalizing, controlling and regulating."

International Narcotics Control Board Rips Philippines Drug War. In its annual report, released Thursday, the INCB said President Rodrigo Duterte's bloody war on drug users and sellers violates international drug control treaties. "The Board wishes to bring once again to the attention of all Governments that extrajudicial action, purportedly taken in pursuit of drug control objectives, is fundamentally contrary to the provisions and objectives of the three international drug control conventions, under which all actions must be undertaken within the due process of law,"the report said. The INCB said that it had issued a statement calling on the Philippines government to issue an immediate and unequivocal condemnation and denunciation of the killings of individuals suspected of involvement in the illegal drug trade. It also called on the government to put an immediate stop to such actions and bring the perpetrators of such acts to justice.

Chronicle AM: No More Petty MJ Busts in Houston, Battle of the Georgia CBD Bills, More... (3/2/17)

Houston decriminalizes -- sort of -- Colorado ponders social cannabis clubs, Georgia legislators have passed two different CBD bills, Oregonians are ready to defelonize drug possession, and more.

This won't get you arrested in Houston anymore, but the cops will still take your stash. (flickr.com)
Marijuana Policy

Colorado Lawmakers Take Up Pot Social Club Bills. The Senate Business, Labor, and Technology Committee Wednesday approved a bill that would let local governments allow private marijuana clubs. Under Senate Bill 184, tokers would likely pay a fee to become members of a club and consume it there. Another, broader measure, Senate Bill 63, which would have allowed consumption licenses to be issued to shops where pot could be both sold and consumed, was defeated on a 6-1 vote.

Georgia Bill to Reduce Pot Penalties Advances. The Senate Judiciary Committee gave its seal of approval to Senate Bill 105 Tuesday. The bill reduces the penalty for possession of less than a half ounce of weed from up to a year in jail to a fine of up to $300. Possession of more than a half ounce, but less than two ounces, would be worth up to a year in jail, while possession of more than two ounces would remain a felony.

Houston "Decriminalization" Now in Effect. As of Wednesday, police in America's fourth-largest city will no longer arrest people with up to four ounces of pot. Instead, they will seize the weed and make the person sign a contract promising to take a drug education class.

Medical Marijuana

Arkansas Bill to Ban Smoking, Edibles Advances. The Senate Committee on Public Health, Welfare, and Labor has approved Senate Bill 357, which bans smoking medical marijuana and the selling of foods or drinks containing medical marijuana. The measure now heads to the Senate floor. That same committee rejected another bill, Senate Bill 238, that would have delayed implementation of the medical marijuana law under federal marijuana prohibition ends.

Georgia House Approves CBD Cannabis Oil Expansion Bill. The House on Wednesday approved House Bill 65, which would expand the state's 2015 CBD cannabis oil law. The bill adds new qualifying conditions, removes a one-year residency requirement, and allows reciprocity with other CBD cannabis oil states. The House move comes two weeks after the Senate passed a more restrictive CBD expansion bill, Senate Bill 16, which would only add one new condition and would reduce the maximum allowable THC in cannabis oil from 5% to 3%. Medical marijuana advocates are not happy with the Senate bill.

Drug Policy

Oregon Poll Finds Strong Support for Reducing Drug Possession Felonies to Misdemeanors. Nearly three-quarters (73%) of Oregonians support making small-time drug possession a misdemeanor, according to a new poll. Under current law, possession is a felony. The poll comes as a bill to do just that is about to be introduced.

Drug Testing

Florida Bill Would Require Welfare Drug Tests for Drug Offenders. Senate Appropriations Committee Chair Jack Latvala (R) introduced Senate Bill 1392 Wednesday. The measure would force people who have any felony drug conviction or "a documented history of multiple arrests" for drug use within the past 10 years to undergo drug testing before receiving welfare benefits. People who test positive would be barred from benefits for two years, although they could reapply after six months if they have completed drug treatment. A companion bill was also introduce in the House.

International

International Legal, Drug Policy Groups Call for Release of Philippine Critic of Duterte's Drug War. Both the Global Commission on Drug Policy and the International Commission of Jurists have issued statements tdemanding the immediate release of Senator Leila de Lima, who was arrested on drug charges after criticizing President Duterte's bloody crackdown on drugs. The charges against De Lima are "fabricated" and her prosecution is politically motivated, the ICJ said. "The ICJ calls on the Philippine government to immediately release Senator De Lima and immediately stop any further acts of harassment against her and other public critics of the government," the International Commission of Jurists (ICJ) said in a statement on Tuesday. The Global Commission also expressed concern about her arrest and called for her release: "We are hopeful that the presumption of innocence will be upheld and that Senator de Lima will soon be released from pre-trial detention," the GCDP said in a statement.

Medical Marijuana Update

The North Dakota legislature continues to muck about with the state's new voter-approved medical marijuana law, North Carolina sees a full-fledged medical marijuana bill introduced, and more.

Iowa

Last Thursday, a CBD expansion bill stalled. A bill that could have expanded the use of CBD cannabis oil ran into a brick wall in the House Public Safety Committee. Committee Chair Rep. Clel Baudler (R-Greenfield) said he had to pull House Study Bill 132 because there wasn't enough support from Republicans to get it out of committee.

North Carolina

Last Wednesday, a fill-fledged medical marijuana bill was filed. House Democrats Wednesday introduced House Bill 185, a full-fledged medical marijuana bill that contains generous provisions on the amount of marijuana patients may possess (up to 24 ounces or "an adequate supply" as determined by a physician) and grow (up to 250 square feet of canopy), as well as providing for caregivers and establishing a system of dispensaries and commercial medical grows. Similar bills died in the 2015-2016 session, with one issued an "unfavorable report," meaning its subject matter could not be considered by the House for two years.

North Dakota

Last Wednesday, the Senate okayed changes to the voter-approved medical marijuana law. The Senate voted to approve Senate Bill 2344, which imposes tougher restrictions and more oversight than the initiative approved by voters in November. The bill sets steep fees for patients and providers and allows the Health Department to inspect patients' homes with 24-hour notice and medical marijuana facilities with no notice. On the upside, it also allows for smoking medical marijuana and lowers the age for classification as minor from 21 to 19. The bill now heads to the House.

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

Chronicle AM: Trump Vows to Win Drug War, Sessions Rejects Marijuana Legalization, More... (3/1/17)

The Trump administration's posture toward drug and marijuana reform is becoming evident, Philippines President Duterte is reenlisting the National Police in his drug war, the Colombian government and the FARC are working together on coca crop substitution, and more.

Trump wants more drug war. (Creative Commons/Wikimedia)
Marijuana Policy

Attorney General Sessions Scoffs at Marijuana Legalization. "We have a responsibility to use our best judgment… and my view is we don't need to be legalizing marijuana," he said at the winter meeting of the National Association of Attorneys General. "I'm dubious about marijuana. I'm not sure we're going to be a better, healthier nation if we have marijuana sold at every corner grocery store." He also ridiculed the notion that using marijuana could be a cure for opioid abuse, calling it "a desperate attempt" to defend marijuana. But he did concede that "maybe science will prove me wrong."

California Bill to Address Pot-Impaired Driving Advances. A bill that calls on the state Highway Patrol to form a task force to develop methods for identifying drivers impaired by marijuana or prescription drugs and for an evaluation of technologies for measuring marijuana impairment has passed out of the Assembly Public Safety Committee. Assembly Bill 6 now heads to the Assembly Appropriations Committee.

Drug Policy

Trump Vows to Win War on Drugs; Doesn't Mention Marijuana. In his inaugural address to Congress Tuesday night, President Trump echoed the ghosts of Richard Nixon and Ronald Reagan -- not to mention Miguel Cervantes -- as he vowed to defeat drugs. If there is a silver lining, his ire appears directed at heroin and other hard drugs. The word "marijuana" did not appear once in his speech. "Our terrible drug epidemic will slow down and ultimately, stop," he promised as part of a litany of MAKE AMERICA GREAT AGAIN accomplishments to come ("Dying industries will come roaring back to life. Heroic veterans will get the care they so desperately need… "). And, having forgotten -- or more likely, never learned -- the lessons of the past half century of American drug prohibition, he's going to defeat drugs the old-fashioned way: with more war on drugs. "To protect our citizens, I have directed the Department of Justice to form a Task Force on Reducing Violent Crime," Trump said. "I have further ordered the Departments of Homeland Security and Justice, along with the Department of State and the Director of National Intelligence, to coordinate an aggressive strategy to dismantle the criminal cartels that have spread across our Nation."

International

Tens of Thousands of Colombia Families to Quit Coca Farming. Some 55,000 families in territories controlled by the FARC will participate in a voluntary crop substitution program sponsored by the government, the presidency said Tuesday. The move will see nearly 100,000 acres of coca crops voluntarily eradicated under FARC supervision. The move to coca substitution is part of the peace agreement signed by President Juan Manuel Santos and FARC leaders last November.

Philippines President Brings Police Back to Wage More Drug War. President Rodrigo Duterte said Tuesday he would recall some police to fight the drug war. He had suspended the entire Philippine National Police from all operations in the bloody crackdown last month after a rogue squad of drug officers kidnapped and killed a South Korean businessman at PNP headquarters, but said he needed more manpower to sustain the crackdown, which has left more than 7,700 dead since he took office last year. "So, I need more men. I have to call back the police again to do the job most of the time on drugs, not everyone," he told reporters.

Trump Vows to Win War on Drugs, But Doesn't Mention Marijuana [FEATURE]

In his inaugural address to Congress Tuesday night, President Trump echoed the ghosts of Richard Nixon and Ronald Reagan -- not to mention summoning the specter of Miguel Cervantes -- as he vowed to defeat drugs.

If there is a silver lining, his ire appears directed at heroin and other hard drugs. The word "marijuana" did not appear once in his speech.

"Our terrible drug epidemic will slow down and ultimately, stop," he promised as part of a litany of MAKE AMERICA GREAT AGAIN accomplishments to come. ("Dying industries will come roaring back to life. Heroic veterans will get the care they so desperately need…")

And, having forgotten -- or more likely, never learned -- the lessons of the past half century of American drug prohibition, he's going to defeat drugs the old-fashioned way: with more war on drugs.

"To protect our citizens, I have directed the Department of Justice to form a Task Force on Reducing Violent Crime," Trump said. "I have further ordered the Departments of Homeland Security and Justice, along with the Department of State and the Director of National Intelligence, to coordinate an aggressive strategy to dismantle the criminal cartels that have spread across our Nation."

But talk is cheap. Drug law enforcement costs money. The DEA and other federal agencies are already waging a multi-billion dollar a year war on drugs; if Trump's budget proposals match his rhetoric, he will have to be prepared to spend billions more. Just when he wants to cut just about all federal spending but defense, too.

Trump can ratchet up the drug war in some ways without relying on congressional appropriations through his control of the executive branch. For instance, his Justice Department could direct federal prosecutors to seek mandatory minimum prison sentences in most or all drug cases, a practice eschewed by the Obama Justice Department. That, too, has budgetary consequences, but until some time down the road.

Trump did at least pay lip service to addressing drug use as a public health issue, saying he would "expand treatment for those who have become so badly addicted," but that doesn't gibe with his call to repeal the Affordable Care Act. If Obamacare is repealed, nearly three million Americans with addiction disorders with lose access to some or all of their health coverage, including nearly a quarter million receiving opioid addiction treatment.

Trump's Tuesday night crime and drug talk was interwoven with talk about the border, comingling immigration, drugs, and his border wall in a hot mess of overheated, but politically useful, rhetoric.

"We've defended the borders of other nations, while leaving our own borders wide open, for anyone to cross -- and for drugs to pour in at a now unprecedented rate," he said, ignoring the quadrupling in size of the Border Patrol in the past 20 years and the billions pumped into border security since 2001. "We will stop the drugs from pouring into our country and poisoning our youth."

Trump also said that he was already making America safer with his immigration enforcement actions.

"As we speak, we are removing gang members, drug dealers and criminals that threaten our communities and prey on our citizens. Bad ones are going out as I speak tonight and as I have promised," he said.

It's too early to see who is actually being deported in the opening days of the Trump administration, but if the past is any indicator, it's not "gang members, drug dealers, and criminals," but, in rank order, people whose most serious crime was crossing the border without papers, alcohol-impaired drivers, other traffic violators, and pot smokers. Those were the four leading charges for criminal immigration deportations in one recent year, according to Secure Communities and ICE Deportations: A Failed Program?

Trump's drug war rhetoric is triumphalist and militaristic, but so far it's largely just talk. The proof will be in budget proposals and Justice Department memoranda, but in terms of progressive drug policy, he's striking a very ominous tone. This does not bode well.

Chronicle AM: Sessions Vows Drug Crackdown, State Forfeiture Bills Advance, More... (2/28/17)

Ominous noises from AG Sessions on marijuana and drug policy, asset forfeiture reform advances in three states, the feds threaten to shut down the Las Vegas Cannabis Cup, and more.

Attorney General Jeff Sessions has more than just weed on his mind. (theleafonline.org)
Marijuana Policy

Sessions Makes Ominous Noises on Marijuana Policy. Attorney General Jeff Sessions restated his opposition to marijuana use Monday and warned that marijuana legalization efforts could open states to "violence" and a response from the federal government. "I don't think America is going to be a better place when people of all ages, and particularly young people, are smoking pot," Sessions said to reporters Monday at the Department of Justice. "I believe it's an unhealthy practice, and current levels of THC in marijuana are very high compared to what they were a few years ago, and we're seeing real violence around that." He had more disturbing things to say Tuesday. See below.

Feds Threaten to Shut Down Las Vegas Cannabis Cup. Nevada US Attorney Daniel Bogden has sent a letter to the Moapa Paiute tribe warning that the Cannabis Cup trade show set for tribal lands next weekend would violate federal marijuana prohibition laws. "I am informed that the tribal council is moving forward with the planned marijuana event referred to as the 2017 High Times Cannabis Cup because it is under the impression that the so-called 'Cole Memorandum' and subsequent memoranda from the Department of Justice permit marijuana use, possession and distribution on tribal lands when the state law also permits it. Unfortunately, this is an incorrect interpretation of the Department's position on this issue," Bogden wrote in a February 16 letter.

New Mexico Legalization Bill Killed. An effort to legalize marijuana died Monday in the House Business and Industry Committee after members voted 9-1 to kill it. House Bill 89 went down at least in part because of uncertainty surrounding the Trump administration's posture toward legal marijuana. It would have created a 15% tax on marijuana sales from licensed shops, with revenues earmarked for schools, the judiciary, and drug treatment programs.

Asset Forfeiture

Idaho Civil Asset Forfeiture Reform Bill Advances. A bill to require police to demonstrate an actual connection between drugs and seized property before seizing it and to clarify that possession of cash alone is not grounds for seizure has passed the House Judiciary Committee. House Bill 202 now heads for a House floor vote.

Indiana Civil Asset Forfeiture Reform Bill Advances. A bill that would end asset forfeiture without a criminal conviction and would bar prosecutors from circumventing state law by passing cases off to the feds has passed the Senate Committee on Corrections and Criminal Law. Senate Bill 8 now heads for a Senate floor vote.

New Mexico Senate Passes Bill to Close Asset Forfeiture Loophole Used By Cities. The Senate has approved Senate Bill 202 on a unanimous vote. The state ended civil asset forfeiture in 2015, but police in Albuquerque and other cities claimed the law did not apply to their municipal asset forfeiture programs. This bill clarifies that it does. It is now before the House Judiciary Committee.

Drug Policy

Sessions Says DOJ Will Prioritize Drugs, Violent Crime. In remarks before the National Association of Attorneys General Tuesday, US Attorney General Jeff Sessions acknowledged that crime was at historically low levels, but vowed to pursue gun and drug offenses. "[I]llegal drugs flood across our southern border and into cities and towns across our country, bringing violence, addiction and misery. In particular, we've seen an increase in the trafficking of new, low-cost heroin by Mexican drug cartels working with local street gangs,"Sessions said. "As the market for this heroin expands, gangs fight for territory and new customers and neighborhoods are caught in the crossfire,"he continued. "In recent years, we've also seen a significant shift in the priority given to prosecuting gun and drug offenders at the federal level. While numbers don't tell the whole story, I still find the following statistics troubling: at the end of 2015 there were more than 7 percent fewer federal gun prosecutions than five years before. In that same five-year period, federal drug prosecutions declined by 18 percent. "Under my leadership at the Department of Justice, this trend will end,"he said.

Sentencing

West Virginia Bill Would Create Mandatory Minimum Sentences for Adults Who Make or Transport Drugs Around Minors. The House of Delegates' Committee on Prevention and Treatment of Substance Abuse has approved House Bill 2648, which would set a three-year mandatory minimum sentence for any adult found guilty of transporting or manufacturing drugs in front of a minor. The bill now heads to the House Judiciary Committee.

International

Poll Has Four of Five Danes Favoring Medical Marijuana. A new survey from Analyse Denmark has support for medical marijuana at 80%, "with the remainder saying they did not have an opinion." The poll comes as the country awaits a medical marijuana pilot project set to begin on January 1. The poll also asked about marijuana legalization, but only 36% were in favor, with 45% opposed.

Five Reasons Trump Needs to Think Twice Before Waging War on Weed

White House press secretary Sean Spicer's comment last week that we "will see greater enforcement" of federal marijuana prohibition has set off tremors in the pot industry, but it should be setting off warning bells at the White House itself.

Going after legal marijuana will have serious political and economic ramifications. (Wikimedia/Gage Skidmore)
Any move against marijuana would be politically fraught, economically foolish, and counter to some of the Trump administration's other expressed goals, such as fighting Mexican drug cartels and creating American jobs right here in America.

Here are five reasons the Trump administration needs to think twice before its meddles with legal marijuana:

1. Legal marijuana is way more popular than Trump is. A Quinnipiac poll released last week is only the latest of a long series of polls in recent years showing majority support for marijuana legalization. That poll had nearly three out of five Americans -- 59% -- down with freeing the weed. And more directly to the political point, an even higher number -- 71% -- want the federal government to butt out in states where it is legal. Trump, meanwhile, is polling in the thirties or forties in personal popularity polls. And we know he wants to be liked.

2. Trump can't make legal marijuana go away; he can only mess it up. Even if Jeff Sessions lives up to marijuana industry nightmare scenarios by successfully shutting down pot businesses and preventing states from taxing and regulating it, marijuana possession and cultivation for personal use will remain legal under state law. The federal government cannot force state and local police to enforce federal marijuana prohibition and it does not have the resources to effectively do so itself. People will continue to grow and possess pot in legal states, and continue to sell it -- only now all that activity will return to the black market.

3. Legal marijuana is a job creation dynamo. The marijuana industry already employs more than 100,000 people and, if left unimpeded, would create more jobs than manufacturing by 2020, according to a recent report from New Frontier Data. That report projects that 250,000 jobs would be created in the industry by 2020, while Bureau of Labor statistics project than 800,000 manufacturing jobs are going to vanish by 2024. And new jobs are way more likely to pop up in marijuana processing operations than in coal fields.

4. Legal marijuana is a tax bonanza for the states. In Colorado, the state took in $200 million in pot tax revenues in 2016, using it for schools and public health and safety, Oregon took in $60 million, and Washington saw $35 million in the last fiscal year. In California, the Legislative Analyst's Office estimates legal weed will generate $1 billion in tax revenues per year. An awful lot of fiscal conservatives are very happy to see those revenues.

5. Legal marijuana hurts drug cartels. If the Trump administration wants to hurt Mexican drug trafficking organizations, the so-called cartels, not interfering with legal competition from this side of the border is a good way to do that. Mexican brick weed is not, of course, the sole source of cartel revenues, but it is a significant one, accounting for perhaps a fifth of cartel receipts, and legalization is hurting cartel marijuana exports. Seizures at the border have dropped by nearly two thirds in recent years, from a high of 3.5 million pounds in 2009 to only 1.5 million pounds in 2015, and there are many stories of Mexican pot farmers being driven out of business by competition from the north.

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