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South Dakota Law Can Get You Busted for Using Marijuana in Another State [FEATURE]

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

South Dakota's Flandreau Santee Sioux Tribe announced over the weekend that it was suspending operations on its marijuana resort set to open on New Year's Eve and that it had burnt its pot crop. The tribe said it was seeking "clarification" from the Justice Department to ensure "the continued success of the marijuana venture."

The move comes as at least three other Indian tribes that have embarked on marijuana operations after the Justice Department seemingly gave them a green light last year have been raided by the DEA, a Justice Department agency. At this point, Indian tribes have reason to be nervous about what the federal stance really is.

But the Flandreau pot operation also drew fast and intense opposition from the state's Republican political establishment and law enforcement figures. And that opposition has brought renewed attention to one of the most bizarre state marijuana laws in the land, South Dakota's "internal possession" law.

As Republican state Attorney General Marty Jackley warned -- twice -- when the tribe announced its plans in June, "South Dakota law prohibits the internal and physical possession, distribution, and manufacture of marijuana by: (1) all non-Indian persons anywhere in South Dakota including within Indian country; (2) all persons, including tribal members, outside of Indian Country."

The sheriff and prosecutor of Moody County, where the Flandreau reservation is located, reiterated Jackley's point.

"Bottom line," said Sheriff Troy Wellman, "if you're non-native, it's illegal for you to have marijuana in your system, regardless of whether you're on tribal ground."

"If you are a non-tribal member that goes over onto that property and ingests marijuana in any form, you are breaking the laws in the state of South Dakota," Moody County State's Attorney Paul Lewis added.

If you do this in Denver, it get could get you busted in Deadwood.
They're not kidding. Under a state law passed in 2001 and upheld by the state Supreme Court in 2004, you can be arrested, tried, and convicted for having marijuana in your system, even if you ingested it in another state or country (or Indian reservation).

Someone who legally smokes marijuana in Colorado and then drives across the prairie to South Dakota can be charged with the crime of having smoked marijuana elsewhere. It's the same for medical marijuana patients in states bordering South Dakota. Someone who holds a Minnesota or Montana medical marijuana card, uses his medicine, and then travels to South Dakota can be charged with the crime of having medicated where it is legal.

Here is the law:

22-42-15. Ingesting substance, except alcoholic beverages, for the purpose of becoming intoxicated as misdemeanor--Venue for violation. Any person who intentionally ingests, inhales, or otherwise takes into the body any substance, except alcoholic beverages as defined in § 35-1-1, for purposes of becoming intoxicated, unless such substance is prescribed by a practitioner of the medical arts lawfully practicing within the scope of the practitioner's practice, is guilty of a Class 1 misdemeanor. The venue for a violation of this section exists in either the jurisdiction in which the substance was ingested, inhaled, or otherwise taken into the body or the jurisdiction in which the substance was detected in the body of the accused.

A Class 1 misdemeanor in South Dakota is punishable by up to a year in jail and/or a $2,000 fine. That's the same penalty as for simple marijuana possession.

Note that the law specifically allows for prosecuting people for internal possession either where they ingested the substance or where it was detected.

It's not that the cops in South Dakota are randomly accosting passersby and demanding they submit to drug tests -- probable cause is needed -- but what typically happens is that someone is arrested and police then intimidate him into consenting to a urine drug test during booking. The person is then hit with another criminal charge -- internal possession -- providing more leverage for prosecutors during plea negotiations.

"The cops took me downtown and said if I didn't piss for them, they'd stick something in my dick and take it by force," Huron resident Dave Johnson said of his 2003 internal possession bust. "They were going to take it forcefully -- that's what they told me. So I said okay."

That's still how it works. People being booked into jails are told they need to provide a urine test, and if they demur, they are threatened with a court order and the prospect of forced drug testing. Of course, consenting to such drug tests makes it impossible for defense attorneys to challenge them in court, but agreeing to be tested means not only is the prospect of a forced drug test avoided, but also that the defendant will likely be booked and released instead of being held until he can appear before a judge for a warrant hearing.

Get popped for pot possession in South Dakota and count on getting popped for "internal possession," too. (
"I defend a lot of drug cases," said Huron attorney Ron Volesky, "and I've defended several of these urine sample cases, but I haven't yet seen an instance where we could challenge a court order because everyone has voluntarily consented. As a practical matter, when the police pick someone up they say, 'Look, we can do it the hard way or the easy way; you can voluntarily consent because we have probable cause, or we can wake up the judge, have him sign an order, and take you down and have you catheterized.' They basically threaten you," said Volesky.

While South Dakota residents are the most frequent victims of the state's internal possession law, it could happen to anyone, especially visitors unaware of the law. And they don't even have to get arrested for something to face a possible prosecution. Imagine you're a medical marijuana patient visiting Rapid City for a shopping trip and your car gets T-boned by a drunk driver who runs a red light. Hospitals routinely test the blood of accident victims. Congratulations, you've just become a criminal.

South Dakota, where you can get busted for something you did legally elsewhere. Probably not a slogan the state tourism board is going to select anytime soon.

United States

Double Standard? Marijuana or Hemp? DEA Indian Tribe Raid Raises Questions [FEATURE]

This article was produced in collaboration with AlterNet and will appear at

Taking advantage of a 2014 Justice Department memo giving Indian tribes a green light to participate in marijuana commerce, as well as a 2014 congressional vote allowing for industrial hemp pilot programs, Wisconsin's Menominee Tribe earlier this year planted some 30,000 cannabis plants as part of a pilot project with the College of the Menominee Nation.

Last Friday, the DEA came and cut them all down.

The DEA says the plants were marijuana plants; the tribe says they were hemp plants. In either case, tribal officials and marijuana reform advocates don't understand why the grow was raided. Even if it were marijuana, it appears to be an operation well within Justice Department guidelines. And that's leading to some pointed questions about whether the feds have one standard for pot-legal states and another for the tribe-legal jurisdictions.

The memo that allows for marijuana commerce on the reservation includes eight potential enforcement triggers first formulated in a 2013 Justice Department memo (the Cole memo) advising federal prosecutors to lay off of recreational and medical marijuana operations in states where they are legal. Those triggers include diversion to other localities, money going to organized crime, and violence associated with the trade, among others.

The raid came after the tribe allowed a Bureau of Indian Affairs employee and local police to inspect the operation and take plant samples. And that visit came after a meeting between the BIA agent, the local cops, and an assistant US attorney.

According to the DEA affidavit for a search warrant, the samples tested positive for "marijuana," although there was no measurement of THC levels in the plants.

Industrial hemp is high in fiber, but low in THC, with levels at 0.3% or less. Pot produced for the recreational market, by contrast, typically has THC levels of 15% to 20% and beyond. There is a possibility some of the plants could exceed the 0.3% limit, but not by much.

The DEA affidavit also attempted to make a case that the hemp grow was violating those Justice Department triggers. The tribe had hired Colorado cannabis consultant Brian Goldstein to consult on its grow, and Goldstein, along with Tribal Chairwoman Ruth Wapoose, had in fact guided the feds and the local cops on their tour of the operation.

But Goldstein was "white," the affidavit noted, and several other people present appeared "non-native," and some vehicles had Colorado plates. This, the affidavit somewhat tortuously argued, violated the memo's provision about diversion from states where marijuana is legal to those where it is not. It seems to claim that hiring a cannabis consultant from a legal state is equivalent to importing pot from that state.

A field of hemp at sunrise. (
The affidavit also stretched to assert the operation was setting off other enforcement triggers. The lack of ventilation in a drying room "is a health and safety concern for the community and the individuals associated with the operation, which is a violation of the enumerated priorities listed in the Cole memorandum regarding adverse public health concerns of marijuana cultivation," it argued.

But drying hemp stalks in closed barns is standard practice and is used by farmers around the country, including those who produced legal hemp crops this year in Colorado and Kentucky.

And security personnel guarding the property had guns, leading the BIA agent to question "the ability for the security team to have weapons for protection because it would violate the Cole memorandum."

Now, the grow has been destroyed, any decision on criminal prosecution is in the hands of federal prosecutors, and the tribe and other observers are wondering just what is going on. After all, the Menominee aren't the only tribe to take the Justice Department at its word, only to be raided down the road.

This past summer, the DEA hit two California tribes, the Pit River Tribe and the Alturas Indian Rancheria, seizing 12,000 plants. The feds alleged Cole memorandum violations including financing from a foreign entrepreneur and fears the marijuana would be distributed outside the reservations in ways that violated the state's medical marijuana law. And the US attorney in South Dakota a month earlier refused to agree to lift an injunction barring Oglala Sioux tribal member Alex White Plume from growing hemp, which the Oglala Sioux Nation has legalized.

Are the tribes being held to a different standard than states where it is legal? Has there been a policy shift at Justice? Are individual federal prosecutors going off the reservation?

Menominee Tribal Chairman Gary Besaw doesn't know, but he isn't happy about it.

"I am deeply disappointed that the Obama administration has made the decision to utilize the full force of the DEA to raid our Tribe," he said in a statement after the raid. "We offered to take any differences in the interpretation of the farm bill to federal court. Instead, the Obama administration sent agents to destroy our crop while allowing recreational marijuana in Colorado. I just wish the President would explain to tribes why we can't grow industrial hemp like the states, and even more importantly, why we don't deserve an opportunity to make our argument to a federal judge rather than having our community raided by the DEA?"

Neither was Eric Steenstra, head of the hemp industry advocacy organization Vote Hemp.

"The DEA action in this case is egregious, excessive and presents an unjust prejudice against Indian Country and the rights of sovereign tribal nations," he said. "The Menominee Indian Tribe cultivated their industrial hemp in accordance with Federal Law, per the legislation put forth in the Farm Bill. This is a step backward, at a time when great progress has otherwise been made toward legalizing and regulating industrial hemp cultivation."

In an interview with US News and World Report, tribal law expert Lance Morgan, a member of Nebraska's Winnebago tribe who has worked with tribal governments pondering marijuana operations, said the Cole memorandum guidelines are not being applied consistently and warned the Menominee raid would be remembered as a historic betrayal.

"How can you allow people to buy marijuana in a retail environment in some states and then raid an industrial hemp operation of a tribe? The only difference is that there is a tribe involved," he said. "This odd federal policy of encouraging investment and then raiding the new business sets us back a few decades in federal tribal trust and economic policy."

The raids against tribal pot operations will kill investment in such ventures, Morgan said.

"The new federal policy of 'sort of' allowing tribes to get into the marijuana business is especially cruel and unusual because it encourages investment, but after the investment is made the federal government comes and shuts it down and the investors lose all their money."

Tribal law expert and former head of New York's Seneca Nation Robert Odawi Porter agreed that there is at least the appearance of a double standard.

"This certainly suggests a real divergence in policy approach for Indian country," compared to the pot-legal states, which have been allowed to develop enormous marijuana industries, he said. "It increasingly looks like the Justice Department guidelines are not being interpreted in the same way as they were intended."

It seems like the Justice Department has some explaining and clarifying to do. Can the tribes participate in the new marijuana economy like that states, or not? And does the DEA accept the legal definition and status of hemp? If not, why?

Chronicle AM: Gallup Poll: 58% for Marijuana Legalization, MI Forfeiture Reforms Signed, More (10/21/15)

The trend toward supporting marijuana legalization is becoming ever more apparent, asset forfeiture reforms become law in Michigan, but get attacked by law enforcement in Tennessee, harm reductionists call on the UN to officially release a drug decriminalization document, and more.

Truckers and other labor groups are urging the House to reject hair drug testing. (wikimedia/Veronica538)
Marijuana Policy

New Gallup Poll Has Support for Marijuana Legalization at 58%. A new Gallup poll released today has 58% saying marijuana should be legal in the US. That ties the 58% reported by Gallup two years ago after support declined to 51% last year.The 58% figure is the highest ever recorded in a Gallup poll, and is consistent with majority support for marijuana legalization reported in other state and national polls in recent months. Gallup says that figure is likely to continue to increase, thanks both to younger residents being more likely to support legalization and the dying off of older Americans, who are more likely to oppose legalization. Click on the title link for our Chronicle news brief on the poll.

Asset Forfeiture

Michigan Governor Signs Asset Forfeiture Reform Package. Gov. Rick Snyder (R) Tuesday signed into law a seven-bill package aimed at beginning to rein in asset forfeiture abuses in the state. The bills don't end civil asset forfeiture, but increase the burden of proof required to seize and keep confiscated property and require law enforcement agencies to file annual reports documenting their seizure activities.

Tennessee Cops Lobby Against Asset Forfeiture Reform. Law enforcement officials Monday lobbied lawmakers to not adopt asset forfeiture reforms in the Volunteer State. Shelby County Prosecutor Steve Jones, said seizing assets to fund policing activities was "government at its best" and warned that changing the law would result in more crime. He wasn't the only one. Click on the link for more.

Drug Testing

Unions Fight Truck Driver Hair Drug Testing. The AFL-CIO's Transportation Trades Department is trying to stop a proposal that would allow hair drug testing for truck drivers. The proposal is included in a highway bill that passed the Senate in July. The union has no problem with urine testing, which has been in place since 1991, but says that hair testing is untested. "[Health and Human Services] has not approved hair specimen for use in drug tests, and no HHS-issued technical standards for hair testing exist -- and for good reason. Hair testing is not ready for primetime," the union said. The union argues that hair testing could cause positive test results from environmental exposure -- not just personal drug use.

West Virginia Lawmakers Continue to Ponder Welfare Drug Testing. Even though efforts to push through welfare drug testing have failed in the past, legislators Monday were back at it. At a hearing, state health officials told lawmakers fewer than 220 of 2,700 adults enrolled in the food stamp program were likely to use illegal drugs. The committee will continue to study the issue through the year, members said.


International Harm Reduction Conference Delegates Call on UN to Officially Release Leaked Drug Decriminalization Paper. More than 500 delegates at the International Harm Reduction Conference in Kuala Lumpur called on the UN Office on Drugs and Crime (UNODC) today to officially release a document proposing drug decriminalization. The paper had been leaked by Sir Richard Branson, prompting UNODC to say the paper was "not a final document." "The overwhelming support from our delegates today for the UNODC's drug decriminalization recommendations should embolden them to show brave leadership on this issue, and publish the document in its current form," said Rick Lines, head of the International Harm Reduction Association, which organized the conference.

Obama's Heroin Initiative: One Step Forward, Two Steps Back? [FEATURE]

This article was produced in collaboration with Alternet and first appeared here.

The White House Monday announced a new initiative to combat heroin that will pair law enforcement and public health in what it called a bid to shift the focus of the fight from punishing drug addicts to treating them. Under the plan, drug intelligence officers will work with public health officials to track heroin supplies, how it gets to street-level dealers, and how and where it's getting cut with sometimes deadly adulterants.

The initiative has won support from some elected officials in states hard-hit by rising levels of heroin use and heroin overdose deaths. But drug reform advocates called it "one step forward, two steps back."

Under the plan, announced today as part of a High Intensity Drug Trafficking Areas (HIDTA) funding program by the Office of National Drug Control Policy, $5 million will go to "a broad range of efforts that will reduce the trafficking, distribution, and use of heroin," with half of that funding a Heroin Response Strategy involving an "unprecedented partnership" of five HIDTA programs -- Appalachia, New England, Philadelphia/Camden, New York/New Jersey, and Washington/Baltimore -- to fight smack.

Another $4 million in HIDTA funds will go toward prevention in 18 HIDTAs, including programs that feature "key partnerships between law enforcement agencies and their counterparts in public health and education," the announcement says. Another $1.3 million will go to five Southwest border HIDTAs "to enhance investigational efforts" against the Mexican trafficking organizations supplying most of the nation's heroin.

"The High Intensity Drug Trafficking Areas program helps Federal, state, and local authorities to coordinate drug enforcement operations, support prevention efforts and improve public health and safety," said ONDCP head Michael Botticelli. "The new Heroin Response Strategy demonstrates a strong commitment to address the heroin and prescription opioid epidemic as both a public health and a public safety issue. This Administration will continue to expand community-based efforts to prevent drug use, pursue 'smart on crime' approaches to drug enforcement, increase access to treatment, work to reduce overdose deaths, and support the millions of Americans in recovery."

Branded heroin packet from New Jersey (NJ State Police)
The funding will pay for 15 drug intelligence officers and 15 health policy analysts to work within the HIDTA programs. The narcs will gather information on trafficking patterns and trends and feed it to street-level law enforcement. The health policy analysts will increase overdose monitoring, look for dope cut with dangerous adulterants, and train first responders on how to use the opioid overdose reversal drug naloxone.

The announcement comes amidst rising clamor over heroin's comeback and increasingly lethality in recent years. While the causes of the increase in heroin use are multifaceted and debatable, the reality of it doesn't seem to be. According to the Centers for Disease Control in a report released last month, more than half a million people were using heroin in 2013, up 150% from 2007.

The number of heroin overdose deaths is climbing even faster. The CDC reported that fatal overdoses hovered around 2,000 a year in the early 2000s before doubling to around 4,000 in 2011, and then doubling again to 8,257 two years later in 2013.

The sound of more federal funding is music to the ears of politicians in states like New Hampshire, which saw more than 300 heroin overdose deaths last year and where Republicans and Democrats are squabbling over how much money to spend on drug treatment. Elected officials across the political spectrum had kind words for the initiative Monday.

People lining up to score in Chicago. (Chicago PD)
"While the announcement of additional federal support for New England is an important first step, we must see these resources move as quickly as possible and we will need continued engagement from our federal partners to help combat this pressing public health and safety challenge," said Gov. Maggie Hassan (D).

"Stemming the tide requires investments in prevention, treatment and recovery, and broad cooperation at the federal, state and local levels," said US Senator Jeanne Shaheen (D).

"Today's announcement is welcome news for New Hampshire and other New England states that are confronting this crisis," added US Senator Kelly Ayotte (R). "We must take a multi-pronged approach in this fight, and prevention is a key part of that."

But the Drug Policy Alliance (DPA) took a more skeptical view.

"Half of what they're doing is right -- the focus on health and overdose prevention -- but the other half, the side that focuses on the failed arrest and incarceration policies of the past is destined to ruin lives and fail," said Bill Piper, director of the group's office of national affairs.

DPA took particular exception to the use of the HIDTA program as a vehicle for addressing heroin use, noting that even though its mandate was originally to focus on high-level drug traffickers, its programs "lack congressional oversight and generally waste resources pursuing individuals engaged in low-level drug crimes."

HIDTAs came into being in 1988, with five being created to focus on "top priority" areas. But since then, the HIDTA program has swollen to 28 different regional HIDTAs covering more than 60% of the US population, including such major drug trafficking hotbeds as South Dakota and Wyoming.

And, thanks to Congress, since 1998, no HIDTA money can be spent on drug treatment. DPA and other advocates have pointed out that this statutory ban reduces program flexibility and access to treatment, and have called on Congress to repeal the ban, eliminate the HIDTA program altogether, or move it out of the White House and into the Justice Department and merge it with the Organized Crime and Drug Enforcement Task Force as the Bush administration once proposed.

If the Obama administration wants to really address drug use as a public health issue and not throw away more money on failed drug war policies, DPA had some suggestions:

  • "Shifting federal resources from enforcement and incarceration to treatment and public health program funding to save more lives and realize substantial savings for taxpayers. The federal government's drug control budget has increased exponentially throughout the years. Despite a recent change in rhetoric, the federal government still focuses the vast majority of its drug-related spending on interdiction, enforcement and incarceration.
  • "Committing more federal investments into naloxone access, overdose prevention, and greater access to methadone and buprenorphine and other forms of evidence-based treatment.
  • "Funding community-based initiatives such as Law Enforcement Assisted Diversion that reduce barriers to drug treatment and other health services.
  • "Removing barriers to methadone and other forms of medication assisted treatment in military treatment facilities that care for active duty and veterans.
  • "Investing more funding into making overdose prevention and medication assisted treatment available to incarcerated individuals who are at elevated risk of substance use and overdose.
  • "Eliminating federal legal barriers to research trials for supervised injection facilities and heroin assisted treatment."

From the Blog: Three Marijuana Reform Bills Filed in Louisiana

(Welcome back to our one-time intern Jimi Devine, who has graciously volunteered his time to support our blog. We are cross-posting this piece to the Chronicle because it is news-focused.)

The smell of marijuana reform is strong in the bayou air, with Louisiana now home to a big push for both medical marijuana and major sentencing reforms around marijuana convictions.

Today the Louisiana legislature's House Health and Welfare Committee will hear a medical marijuana bill brought forward by Republican State Senator Fred Mills, a man who formerly served as head of the Louisiana Board of Pharmacy. Mills spent the last year working with law enforcement to make it past a committee and organizations that had held it back in the past.

According to Northeast Louisiana media outlet The News Star, major revisions have been made with support from the Louisiana Sheriffs Association, including:

  • Prescribed marijuana would be taken in a form other than smoking it, perhaps in a pill.
  • The state Agriculture Department would be in charge of growing marijuana to be used for medical purposes.
  • Dispensing pharmacies -- ten, at this point -- would be required to meet certain conditions.
  • The bill would "sunset," or be reviewed on Jan. 1, 2020, giving lawmakers a deadline for determining whether the changes to state law were beneficial. If the bill proves ineffective, the law could be modified or allowed to expire.
  • The Louisiana Board of Pharmacy would adopt rules about dispensing medical marijuana.

This session the bill made it through the Senate Health and Welfare Committee, which had halted its progress in 2014, and then passed the full senate with two thirds in support. On when he takes it before the House, Mills noted, "I'm hoping for a repeat performance from the Senate."

While the bill is very restrictive, it would reinforce national trends on the medical use of marijuana by bringing a law involving more than CBD marijuana strains to the south, and hopefully would lead to a more inclusive medical marijuana law in the future.

The sentencing reform bills look to reduce the penalties associated with a marijuana conviction in the state. Currently a third marijuana possession conviction could lead to a baffling 20 year sentence.

According to, the bill authored by New Orleans State Senator J.P. Morrell "reduces the maximum penalty for possession from 20 years in prison to eight, raises the threshold for a felony-level possession charge, and adds a second-chance provision for first-time offenders."

Penalties would still be much more severe than their counterparts in other states, but first time offenders would have one opportunity to expunge their record after two years without a conviction. The bill would also reclassify a second offense from a felony to misdemeanor for quantities between fourteen grams and two and a half pounds.

The bill is projected to save Louisiana $17 million over the first five years. This would cover the $900,000 a year in wasteful spending on corrections highlighted by the Office of State Inspector General with $13 million to spare. columnist Jarvis DaBerry noted, "Such a bill does two important things. First, it establishes that a person with a small amount of weed isn't a real threat to the public. Second, and perhaps more importantly, the bill would keep such a conviction from haunting a person forever."

The second bill, authored by Rep. Austin Badon, would push major reforms, but is not as big a shift as the one presented by Morrell. Badon's bill would see those committing a third offense jailed five years, as opposed to the two year sentence in Morell's bill. It also does not include the possibility of conviction being expunged for first time offenders.

While Louisiana debates the direction of their sentencing procedures, I'll leave you with another quote from Jarvis DeBerry on the subject: "Here's a prediction: Sooner or later, we're going to look back at what Louisiana has doing to folks caught with marijuana, and we're going to be just as shocked those sentences had our officials' blessing."

Chronicle AM: Pro-Legalization Majority in Pew Poll, DEA Chief on Hot Seat Over Sex Scandals, More (4/15/15)

Another poll has a national majority for legalization, the DEA head gets skewered over taxpayer-funded sex scandals, the Senate Judiciary Committee eyes civil asset forfeiture reform, and much, much more.

Marijuana Policy

New Pew Poll Has Support for Legalization Nationwide at 53%. Advocates for legalization are winning the battle for public opinion, according to this new poll. Not only does it have a majority for legalization, but the poll also finds that while a fifth of respondents (21%) have switched from opposing to favoring legalization, only 7% have gone from supporting to opposing legalization. The poll also had 78% saying federal marijuana laws should not be enforced in states where pot is legal.

Federal Judge Rejects Motion to Reschedule Marijuana. US District Court Judge Kimberly Mueller declined today to remove marijuana from Schedule I of the Controlled Substances Act. The move came in a marijuana cultivation case where defense attorneys challenged pot's placement on the schedules. Mueller said during a brief hearing that she was initially inclined to grant the motion, but decided "this was not the court and this was not the time." She said it was up to Congress to change the law if it so desires.

Chris Christie Says He Will "Not Permit" Legal Marijuana if Elected. New Jersey's Republican Gov. Chris Christie, a potential 2016 GOP presidential candidate, said Tuesday that if elected he would "crack down" on states that have legalized the weed. "I will crack down and not permit it," he said. "States should not be permitted to sell and profit" from legalization, he added, citing "enormous addiction problems."

Alaska House Passes Bill to Create Marijuana Control Board. The House Tuesday approved legislation to create a five-member marijuana control board to regulate the state's looming legal marijuana industry. The board would craft regulations by November, with the first licenses to be issued in May 2016. The measure is House Bill 123.

District of Columbia City Council Approves Two Marijuana Bills. The first bill, B21-0025, bars employers from testing job applicants for marijuana since it is legal in the city. The second bill, B20-0678, increases the number of plants medical marijuana providers can grow from 95 to 1,000.

Medical Marijuana

Federal Bill to Allow Children Access to Medical Marijuana Filed. Reps. Morgan Griffith (R-VA) and Earl Blumenauer (D-OR) Tuesday filed the Compassionate Access Act, which would "allow the states to provide appropriate access to patients needing these legitimate, medical treatments under the supervision of their physician," the congressmen said in a statement. The bill is not yet available on the congressional website.

Hawaii Senate Approves Dispensary Bill. The Senate Tuesday approved a bill that would establish a system of medical dispensaries for the state's 13,000 medical marijuana patients. The measure is House Bill 321. The bill now has to go back to the House for reconciliation.

Iowa Senate Approves Medical Marijuana Expansion Bill. The Senate voted today to approve Senate File 484, which allows the production and distribution of medical marijuana. The bill would allow for up to a dozen independent dispensaries. It now goes to the House.

Washington Legislature Approves Medical Marijuana Overhaul. A bill that seeks to end unregulated medical marijuana dispensary sales and fold medical marijuana into the recreational marijuana system is now headed for the desk of Gov. Jay Inslee (D). Senate Bill 5052 would create a database of patients (voluntary, but patients won't get tax-free medicine unless they sign up), allow patients to possess three times more marijuana than recreational users, and eliminate the current collective garden structure, replacing it with cooperatives limited to four patients.

Asset Forfeiture

Sparks Fly at Senate Judiciary Committee Asset Forfeiture Hearing. Committee Chair Sen. Charles Grassley (R-IA) had a heated exchange with Fraternal Order of Police President Chuck Canterbury over civil asset forfeiture reform in a hearing today. Canterbury opposed ending civil asset forfeiture because doing so would deprive police of "hundreds of millions" of dollars to fight crime and terror, but Grassley dismissed that argument, saying such laws have created a "perverse incentive" for police to abuse them. Police opposition to reform "dismisses the need for real reform and demonstrates the absurdity of a system of justice in which some in law enforcement appear to value funding their own operations over protecting civil rights," Grassley said. The hearing is part of a broad push this year to reform federal civil asset forfeiture laws.

Virginia Senate Kills Civil Asset Forfeiture Reform. The Senate today set aside efforts to enact civil asset forfeiture reform. The decision came during the legislature's annual reconvene session, when solons meet to consider responding to gubernatorial vetoes and amendments to bills passed during the session that ended last month. The legislature had passed a bill requiring only that police provide an inventory of property seized, and some legislators had hoped to get Gov. Terry McAuliffe (D) to add more substantial reforms, but they gave up on that effort today. Instead, they will leave it for the state crime commission to study.

Law Enforcement

DEA Head Gets Scalded in Hearing Over Agents' Sex Parties. DEA Administrator Michele Leonhart was on the hot seat Tuesday as the House Oversight Committee took aim at revelations of taxpayer-funded sex parties involving DEA agents and prostitutes in Colombia. Members scoffed at her claims that she was unable to fire anyone involved and harshly questioned the agency's (lack of) response to the incidents. Click on the link for juicy details.


California Bill to Refelonize "Date Rape" Drugs Advances. A bill that would give prosecutors the option of charging possession of Rohypnol, ketamine, and GHB as a felony passed the Assembly Public Safety Committee today. Assembly Bill 46 is an attempt to partially roll back last year's voter-approved Proposition 47, which defelonized simple drug possession.

Connecticut Bill Would Dramatically Shrink "Drug Free" Zones. The legislature's Judiciary Committee voted last Friday to amend a bill aimed at reducing the number of drug prisoners in the state by shrinking the area of sentence-enhancing "drug free" zones to just schools and day care centers, eliminating the 1,500-foot zone around the buildings. The vote came as an amendment to Senate Bill 952, part of Gov. Dannel Malloy's (D) "Second Chance Society."

(This article was prepared by's lobbying arm, Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Chronicle AM: MJ Decrim and Medical Bills Filed, Ramarley Graham Settlement, Jamaica Decrim Progess, More (2/2/15)

Decriminalization and medical marijuana bills are being filed left and right, Maine says pot patients can be unfit parents, Oregon says pot patients can't operate child care centers, New York City pays out big time for the killing of a black youth over weed, Jamaica's decrim bill advances, and more. Let's get to it:

Marijuana Policy

Delaware Decriminalization Bill Filed. State Rep. Helene Keeley (D-Wilmington) and several cosponsors have filed House Bill 39, which would make possession of up to an ounce a civil infraction punishable only by a fine. Public use would remain subject to jail time, but for no more than five days.

Maryland Push for Legalization Underway. Supporters of legalization held a press conference last Friday to push the idea forward. State legislators, including Del. Curt Anderson (D-Baltimore) were joined by a Colorado legislator and Seattle City Attorney Pete Holmes. The press conference came as legalization supporters prepared to brief legislative committees on the topic. Maryland decriminalized it last year.

Minnesota Poll Finds More Want to Legalize It Than Don't. A new Public Policy Polling survey finds just short of a majority for legalizing pot there. Some 49% said they thought marijuana should be legal and regulated, while 44% thought it "should remain illegal." Support for medical marijuana, meanwhile, was at 76%.

New Hampshire Decriminalization Bill Filed. Rep. Adam Schroadter (R-Newmarket) and seven cosponsors have introduced House Bill 618, which would decriminalize the possession of small amounts of marijuana. New Hampshire is the only New England state that has not decriminalized.

New Mexico Decriminalization Bill Filed. State Sen. Joseph Cervantes (D-Dona Ana County) has introduced Senate Bill 383, which would decriminalize the possession of up to four ounces and eliminate jail time for possession of up to eight ounces. Currently, possession of less than an ounce is a petty misdemeanor with possible jail time, while possession of between one and eight ounces is a misdemeanor with up to a year in jail.

Virginia Decriminalization Bill Dies in Senate Committee. A bill that would have decriminalized pot possession in the Old Dominion was killed last Wednesday in the Senate Courts of Justice Committee. Senate Bill 686, introduced by Sen. Adam Ebbin (D-Alexandria) died in a 9-5 party line vote.

Philadelphia Pot Arrests Drop 88% After Decriminalization. Philadelphia police arrested only 63 people for marijuana possession between October 20 and year's end, marking a massive decline in marijuana arrests after decriminalization. Last year during the same time period, there were 559 possession arrests.

Medical Marijuana

Connecticut State Commissioner Agrees to Expand Qualifying Ailments List. Consumer Protection Commissioner Jonathan Harris said this morning that he will follow the recommendation of the program's Board of Physicians and is drafting new regulations to include sickle cell disease, post-surgical back pain with a condition called chronic radiculopathy, and severe psoriasis and psoriatic arthritis to the list of qualifying conditions. But that's not the end of it. Now, the proposal must be approved by the state attorney general and then by the General Assembly's Regulation Review Committee. A vote there could come by spring.

Maine High Court Rules Using Medical Marijuana Can Make Parents Unfit. The Maine Supreme Judicial Court has ruled in a child custody case that even though medical marijuana is legal in the state, its use can make a person an unfit parent. "Determining what is in the best interest of the child necessarily involves considering whether a parent's ability to care for his or her child is impaired, including by his or her marijuana use. As with any medication or substance, the question of whether a parent's ingestion of marijuana is legal is only part of the equation. The more important question is whether that ingestion negatively affects, limits or impairs a parent's capacity to parent his or her child," Chief Justice Leigh Saufley wrote in the eight-page decision. The case is Daggett v. Sternick.

Mississippi Medical Marijuana Bill Filed. State Sen. Deborah Dawkins (D-District 48) has filed Senate Bill 2318, which would allow patients with specified conditions to use medical marijuana. The bill doesn't envision dispensaries, but would allow patients to grow their own with a physician's recommendation.

North Dakota Medical Marijuana Bill Filed. Rep. Pamela Anderson (D-Fargo) has introduced House Bill 1430, which would allow patients with qualifying conditions to use medical marijuana. But there is a big loophole. Patients could also qualify if they suffer "any persistent or chronic illness or condition that, in the opinion of a physician, substantially limits the ability of a person to conduct one or more major life activities; or may cause serious harm to the patient's safety or mental or physical health if not alleviated; if the illness or condition may be improved by the use of marijuana."

Oregon Bars Medical Marijuana Patients From Being Child Care Providers. The state Early Learning Council has voted to bar patients from being child care providers. The decision follows a six-month temporary rule that was issued last August and gave patients an ultimatum: your patient card or your child care business.

Tennessee Low-THC Cannabis Oil Bill Filed. State Rep. Jeremy Faison (R-District 11) today introduced House Bill 197, which would allow the use of cannabis oil with less than 0.9% THC for medical purposes.

Law Enforcement

Chicago Federal Prosecutors Drop "Stash House" Cases. The US attorney's office in Chicago has dropped dozens of serious drug conspiracy cases that were based on undercover stings where law enforcement agents enticed people into robbing non-existent drug stash houses. The law enforcement technique has come under strong criticism that it amounts to entrapment and is used disproportionately to target minorities. Clarence Walker has covered this issue for the Chronicle here and here.

New York City Pays to Settle Killing of Black Teenager Over Weed. The city has settled with the family of Ramarley Graham, an 18-year-old black teen who was shot dead in his own bathroom by an NYPD cop who had stormed into his apartment without a warrant after suspecting he had marijuana. The killer cop, Richard Haste, was indicted in the shooting in 2012, but a judge threw out that indictment and a second grand jury failed to indict. Police said they suspected he had a gun because of the way he moved his hands near his waist. No weapon was ever found. The city has now agreed to pay the Graham family $3.9 million.

National Sheriffs Association Wants Deputy Attorney General Nominee "Investigated" for Pro-Drug Reform Comments. The group is upset with Vanita Gupta, nominated to head the department's Civil Rights Division. She has called for the decriminalization of all drugs, and that "put her at odds with the goal of public safety," the sheriffs complain. How her publicly made remarks would be "investigated" remains to be seen.


Jamaica Senate Begins Debate on Decriminalization. The Senate last Friday began debating a bill that would decriminalize marijuana and establish a licensing authority for a marijuana industry on the island. The bill would also allow for Rastafarians to use ganja for religious purposes. Debate is expected to continue in the Senate in coming days before the bill is sent to the lower chamber. It is expected to pass, since the ruling party, which submitted it, controls both chambers and the opposition also supports its broad outlines.

Venezuela Shoots Down Suspected Drug Plane Off Aruba. The Venezuelan defense ministry confirmed last Friday that its fighter jets had shot down a civilian plane suspected of carrying drugs. The plane went down off Aruba. Aruban officials had reported a day earlier that a plane had come down in flames, and human remains and packages of drugs could be seen in the water. Venezuela has shot down a number of suspected drug planes in recent years.

Chronicle AM: Major Asset Forfeiture Reform Move, NCAA Drug Policy Review, Indonesia Executions, More (1/16/15)

Attorney General Holder announces a major civil asset forfeiture reform move, the NCAA will review its drug policies, a Vermont report on the impact of pot legalization has been released, and more. Let's get to it:

"Policing for profit" just took a big hit thanks to Attorney General Holder. (
Marijuana Policy

No Marijuana Stores in Alaska's Capital Until October. The City and Borough of Juneau Assembly has approved a moratorium on marijuana-related businesses until October 19. City officials will not consider any land use or other permits until the moratorium expires, meaning pot businesses won't be able to grow crops or prepare for retail sales until then.

Report on Impact of Legalization in Vermont Released. Vermont could make tens of millions of dollars in marijuana revenues a year, according to a new comprehensive report released today. The report was commissioned by the state legislature and serves as a policy guide as the state considers legalization. It lays out various options for legalization.

Medical Marijuana

Georgia CBD Medical Marijuana Bill Dead. Rep. Allen Peake's House Bill 1, which would have allowed for the use of high-CBD cannabis oil to treat seizures in children, has died before even being introduced. The bill died after Gov. Nathan Deal (R) announced his support for another CBD bill, which is yet to be written.

Kansas Medical Marijuana Supporters Rally in Topeka. Several dozen medical marijuana supporters were joined by a pair of Democratic lawmakers at a statehouse rally today to call for legalizing the medicinal use of the herb. The two legislators, Rep. Gail Finney (D-Wichita) and Sen. David Haley (D-Kansas City), filed medical marijuana bills prior to the start of this year's legislative session. Similar measures have been filed since 2009, but none of them have made it to the discussion stage in committee.

Asset Forfeiture

Attorney General Holder Blocks Federal Asset Forfeiture Sharing Program. In the boldest civil asset forfeiture reform move in years, Holder has barred federal agencies from participating in the Equitable Sharing asset forfeiture program, under which state and local police seeking to circumvent state asset forfeiture laws would let federal agencies "adopt" the seizures. Under the program, the police agency got up to 80% of the proceeds, while state laws typically require them to be deposited in designated accounts, such as the general fund or education funds. Click on the link for the full story.

Drug Policy

NCAA to Consider Revamping Its Drug Policy. In the wake of criticism for suspending a University of Oregon football player for pot smoking just before the collegiate national championship game, and after its Committee on Competitive Safeguards and Medical Aspects of Sports informally recommended it, the NCAA will examine proposed changes to its policies for testing both performance-enhancing and recreational drugs. The NCAA's standard for marijuana, for instance, it 10 times that used for airline pilots.


Stratfor Report on Mexican Drug Trafficking. The Austin-based private intelligence group has released a free, condensed version of its annual Mexican drug cartel report. Check it out at the link.

Indonesia Set to Execute Six Drug Convicts Sunday. New President Joko Widodo appears to be living up to his vow to not grant clemency to death row drug prisoners. The Indonesian Attorney General's Office announced Friday that it will execute six convicted drug traffickers Sunday. Widodo signed off on the executions last month.

Chronicle AM: Teen Pot Use Not Up, Federal Police Killings Bill Filed, Mexico Mayhem, More (12/16/14)

The Monitoring the Future teen drug use survey is out, the "CRomnibus" bill also killed highway drug use surveys, Rep. Steve Cohen (D-TN) wants better information on police killings, a damning report is released in Mexico, and more. Let's get to it:

If Walid Jumblatt has his way, this Lebanese hash field could be legal. (
Marijuana Policy

Drug Use Survey Finds Teen Marijuana Use Declining Even as States Legalize. The annual Monitoring the Future survey of teen habits is out today, and it finds that legalization has not sparked an increase in teen pot smoking. The survey found that 24% of eighth, 10th, and 12th graders reported past use marijuana last, down from 26% the year before. And among 12th graders, the number who reported daily use also declined from 6.5% last year to 5.8% this year. There's much more to the survey; click the survey link to see it.

Medical Marijuana

Iowans Organize to Push for More Effective Medical Marijuana Law. The legislature this year passed a bill allowing for the use of low-THC cannabis oil to treat people with epilepsy, but that's not good enough for a new group, Iowans 4 Medical Cannabis. The group today announced it had formed to push legislators to make it possible to produce and dispense medical marijuana.


Omnibus Spending Bill Cut Funds for NHTSA Roadside Drug Use Surveys. The $1.1 trillion spending bill that has gotten so much attention over its marijuana provisions also bars the National Highway Traffic Safety Administration (NHTSA) from using funds to complete its "National Roadside Survey." It was a voluntary survey that only collected data from people willing to participate, but came under congressional criticism after a Texas TV station aired a program about a Fort Worth checkpoint where police ordered motorists off the road at random to collect samples.

Law Enforcement

Federal Bill Filed to Increase Reporting of Deadly Force by Police. Rep. Steve Cohen (D-TN) has filed HR 5866, which would "require the Attorney General to issue rules pertaining to the collection and compilation of data on the use of deadly force by law enforcement officers." The bill next was not available at press time. The bill has five cosponsors -- all Democrats -- and has been referred to the House Judiciary Committee.

Drug Testing

WorkForce West Virginia Drug Testing Doesn't Find Many Dopers. In its annual report to the legislature, WorkForce West Virginia, the state's employment services program, reported that it had subjected 1,205 people to drug testing upon their seeking tuition reimbursement for employment training programs. Only 1% of them failed. No word on the cost of drug testing all those people.


Mexican Federal Police Accused of Collaborating With Local Cops in Case of Missing Student Teachers. In an article published over the weekend, the respected Mexican political weekly Proceso reported that federal police worked together with Iguala police in the September attack on teachers' college students that left 43 missing and presumed dead and which has sparked protests across the country. Proceso also reported that federal police likely tortured key witnesses whose testimony was critical in the federal attorney general's investigation of the case. "We have information that proves the federal government knew what was happening in the moment it was happening, and participated in it," Anabel Hernández, the lead reporter for the Proceso piece, said in an interview. "The government has tried to hide this information." There's much more at the link.

Armed Civilians Block Western Mexico Highways Seeking Crackdown on Cartels, But… Hundreds of armed men blocked highways around nine cities in the Western state of Michoacan over the weekend as a means of pressuring the government to crack down on the Knights Templar cartel. They unfurled banners calling for the arrest of cartel leaders. But at least some of the armed men were identified as members of Los Viagras, a group of gunmen who had once served as the Knights Templar's armed wing and who are now trying to displace them from the drug trade in the state.

Canadian Federal Government Loses Again in Bid to Block Home Medical Marijuana Cultivation. Health Canada earlier this year issued new medical marijuana rules that prohibited home growing and shifted production to commercial operations, but it has so far been blocked by the courts from implementing them, and now it has been blocked again. Patients won an injunction earlier this year to allow them to continue growing their own. Health Canada appealed that decision, but the Federal Court of Appeal has now upheld the injunction.

Druze Leader Walid Jumblatt Calls Again for Legal Hash in Lebanon. Veteran Lebanese power-broker Walid Jumblatt, leader of the Druze community, has renewed his call for legal hash production. "It's time to allow hash to be grown and to overturn arrest warrants against people sought for doing so," wrote in Arabic on his Twitter feed. He expanded his comments in an interview with Al-Jadeed TV. "Never in my life have I smoked marijuana, but I support growing cannabis for medical use and to improve the living conditions of farmers in north Lebanon and the Bekaa Valley. Let's legalize cannabis and regulate its cultivation."

Chronicle AM: INCB Head Frets Over Pot, MS Welfare Drug Test Fiasco, SWAT Fights Back, More (12/5/14)

Global anti-drug bureaucrats are grumbling about marijuana legalization in America, one New York county decides to do asset forfeiture for misdemeanor drug offenses, Mississippi's food stamp drug testing program comes up snake-eyes, the SWAT boys fight to keep their military toys, and more. Let's get to it:

Marijuana Policy

Missouri Legalization Initiative Petition Open for Public Comment. A legalization initiative petition sponsored by Show-Me Cannabis has been submitted to the secretary of state's office, and Missouri residents now have 30 days to comment on the initiative petition. They can do so here (it's Petition 2016-009). This is essentially the same petition submitted a month ago, but has been resubmitted with grammatical fixes.

INCB Head Complains About Legalization in US States. Lochan Naidoo, president of the International Narcotics Control Board (INCB) is concerned about the implications of marijuana legalization in US states. "Legalization for recreational use is definitely not the right way to go," he told Reuters in an interview. "We do know about the damage that cannabis does to the brain," the South African physician said. "I'm not sure how well people are going to be able to protect their children." Naidoo added that the 1961 Single Convention on Narcotic Drugs requires countries to comply with its provisions banning marijuana, and the US should do so in "all its territories."

Asset Forfeiture

New York County Approves Asset Forfeiture for Misdemeanor Drug Cases. Legislators in Orange County Thursday approved a law that allows authorities to seize cash and cars from defendants in misdemeanor drug cases, but only after they have been convicted. The measure passed on a party-line vote with Republicans voting for it and Democrats against despite fierce opposition from sitting Democrats and audience members. DA David Hoovler has portrayed the measure as means of keeping seized assets in the county instead of sending the money to the general fund in Albany, as required under the state's asset forfeiture law.

Drug Testing

Mississippi Welfare Drug Testing Program Has Only Two People Testing Positive. The state law that went into effect in August has so far resulted in 3,656 Temporary Assistance for Needy Families (TANF, the food stamp program) applicants being screened for drug use, 38 being selected for drug testing, and a grand total of two testing positive for drugs. It's not clear how much the state has spent implementing the program, but Cassandra Welchin, policy director of the Mississippi Low Income Child Care Initiative, said the result was clear. "It's just a waste of money," she said. "Poor working families don't need a barrier to services and this is just another barrier."

Law Enforcement

SWAT Lobby Fights Back Against Policing Reforms in Wake of Ferguson. The National Tactical Officers Association (NTOA), which represents more than 1,500 SWAT teams across the country, has mobilized to protect the federal program that provided military surplus equipment to local law enforcement. NTOA sent emails to all 535 members of Congress urging them not to end or tighten up the Pentagon's 1033 program, which transfers equipment including armored vehicles, grenade launchers, and bayonets to local departments. NTOA executive director Mark Lomax has also been busy, reaching out to congressional offices and testifying before both the House and Senate Homeland Security committees. And it looks like it worked -- Congress will take no action on the program as this year's session winds down. Click on the link for much more.

Drug War Issues

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