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Chronicle AM: Uruguay Legal Pot Sales to Start in July, ID Gov Vetoes Forfeiture Reform, More... (4/7/17)

The Uruguayan government sets the date for legal marijuana sales in pharmacies to begin, West Virginia is just a governor's signature away from becoming the 29th medical marijuana state, Idaho's Republican governor vetoes a broadly-supported asset forfeiture reform bill, and more.

Marijuana Policy

Montana Bill to Study Marijuana Legalization Filed. State Rep. Mary Dunwell (D-Helena) filed House Joint Resolution 35 on Thursday. The bill calls for "a study of the legalization and control of marijuana," with results to be reported to the next session of the legislature. The study would include input from the Departments of Public Health and Human Services, Justice, Revenue, and Agriculture, as well as local law enforcement, courts, schools, and lobbying groups.

Medical Marijuana

Arizona Appeals Court Strikes Down Criminal Ban on Possession of Medical Marijuana on College Campuses. The state Court of Appeals ruled on Thursday that even though colleges and universities can bar the possession of medical marijuana through administrative means, the state cannot make on-campus possession a criminal offense. The state's medical marijuana law barred its possession in prisons, schools, and on school buses, but the legislature in 2012 added college campuses to the list. Now, the appellate court has ruled the state couldn't do that. The case is Arizona v. Maestes.

Ohio Medical Marijuana Grower Applications Will Be Accepted Starting in June. The state Department of Commerce will begin accepting applications for 24 medical marijuana grow licenses beginning in June, the department announced on Friday. Once licenses are awarded, holders will have nine months to meet all requirements. Application forms and instructions should be released in the next two to three weeks, the department said.

West Virginia Medical Marijuana Bill Heads to Governor's Desk. The Mountaineer State is poised to become the 29th medical marijuana state after the legislature gave final approval to Senate Bill 386 Thursday, sending the measure to the desk of Gov. Jim Justice (D). The bill would set up a dispensary system, but does not authorize patients to smoke marijuana or grow their own.

Heroin and Prescription Opioids

Kentucky Bill to Raise Heroin, Fentanyl Penalties Awaits Governor's Signature. The General Assembly last week approved House Bill 333, which would increase penalties for the sale of heroin, fentanyl, or carfentanil. Under current laws, adopted as sentencing reform measures in 2011, traffickers face one to five years in prison. Under this bill, they would face five to 10 years in prison. The bill is currently on the desk of Gov. Matt Bevin (R).

Asset Forfeiture

Idaho Governor Vetoes Asset Forfeiture Reform. Gov. Butch Otter (R) on Thursday vetoed House Bill 202, a civil asset forfeiture reform bill that passed the legislature with broad bipartisan support. The bill would have ended asset forfeiture absent a criminal conviction, as well as imposing reporting and other requirements on law enforcement. The governor insisted there is no problem to fix, although lawmakers clearly disagreed.

Drug Policy

Beto O'Rourke Leads Bipartisan Bill that Repeals Federal Transportation Law Requiring States to Suspend Driver's Licenses for Drug Offenses. US Rep. Beto O'Rourke (D-TX) and five bipartisan cosponsors have filed House Resolution 1952, which would repeal a 26-year-old federal law that mandates states to automatically suspend driver's licenses for anyone convicted of a drug offense or risk losing federal highway aid money. Some 38 states have already opted out of that program, but 12 states -- including Texas, New York, Michigan, and Florida -- still comply with the requirement.

Rand Paul, Elijah Cummings File Bills to Seal Criminal Records for Federal Nonviolent Offenses. US Sen. Rand Paul (R-KY) and US Rep. Elijah Cummings (D-MD) have filed identical bills in the Senate and House to seal the federal criminal records of non-violent offenders, which includes tens of thousands of federal drug offenders. The measures are Senate Bill 827 and House Resolution 190, respectively.

International

Uruguay to Allow Marijuana Sales at Pharmacies Beginning in July. The office of President Tabare Vasquez said Thursday that legal marijuana sales through pharmacies will begin in July. That's the last step in implementing a 2013 law that made Uruguay the first country to legalize marijuana. While other parts of the law have been in place, pharmacy sales had been on hold under Vasquez, who isn't nearly as enthusiastic about legalization as was his predecessor, Jose "Pepe" Mujica, who shepherded the law to passage during his term. A gram of weed will go for $1.30.

Four Out of Five French Presidential Candidates Support Marijuana Reform. The leading candidate, centrist Emmanuel Macron, and the rightist candidate, Francois Fillon, both support decriminalizing marijuana possession, leftist candidates Jean-Luc Melenchon and Benoit Hamon have both called for marijuana legalization, while only far-right candidate Marine LePen favors the status quo, which calls for up to a year in jail for the possession of any drug.

Medical Marijuana Update

A new study suggests that medical marijuana can reduce opioid abuse, Arkansas and Florida continue to grapple with addressing voter-approved medical marijuana laws, and more.

National

On Monday a new study found that legalized medical marijuana could help curb opiod abuse. A new study reported in the journal Drug and Alcohol Dependence finds that in states with medical marijuana, hospitalization rates for opioid pain pill dependence and abuse dropped by nearly a quarter (23%), while opioid overdose rates dropped by 13%. Researchers had expected to see an increase in marijuana-related visits. "Instead, medical marijuana laws may have reduced hospitalizations related to opioid pain relievers," said study author Yuyan Shi, a public health professor at the University of California, San Diego.

Arkansas

Last Thursday the Senate passed two medical marijuana "fix" bills. The state Senate approved two bills aimed at modifying the state's voter-approved medical marijuana law. The Senate approved House Bill 1400, which would ban the smoking of marijuana anywhere tobacco smoking is banned. That bill now goes to the governor's desk. The Senate also approved Senate Bill 721, which would require dispensaries to appoint a pharmacist director who would be available for consultations with patients during hours the dispensary is open. That bill now heads to the House.

Colorado

Last Wednesday the patient plant limit rose to 24 as a bill limiting home grows advanced. A bill aimed at limiting marijuana home grows has been amended -- again -- in the House Judiciary Committee. In a Wednesday vote, the committee approved raising the plant limit under House Bill 1220 to 24 plants. The bill had originally set the number at 12, but lawmakers then upped the count to 16, and now 24 -- if patients register with the state. The bill now heads for a House floor vote.

Florida

On Tuesday a restrictive medical marijuana bill advanced. While a half-dozen competing measures aim to address the state's voter-approved medical marijuana system, the most restrictive measure advanced in the House on Tuesday. House Bill 1397 would limit growers to the seven currently permitted and bans smoking, vaping, and edibles. It moved out of the Health Quality Subcommittee on a 14-1 vote, but faces two more committee votes before heading for the House floor. None of the five Senate bills addressing medical marijuana have yet had a hearing.

Georgia

On Tuesday a CBD cannabis oil expansion bill passed the House. The House voted 167-4 Tuesday to approve Senate Bill 16, which would add six new qualifying conditions for the use of cannabis oil, including autism, AIDS, Tourette's Syndrome, and Alzheimer's. The state Senate approved the bill last month.

Maine

On Monday Ma bill to make medical marijuana users eligible for organ transplans got a hearing. Legislators heard powerful testimony from patients removed from life-saving organ transplant lists because they used marijuana as they considered Legislative Document 764. The bill would targets the Maine Medical Center, the only transplant center in the state, whose transplant policy states that "use of prescribed or recreational marijuana by any route of administration is absolutely prohibited." No vote was taken, and the bill is scheduled for more hearings next month.

Oklahoma

On Monday the state Supreme Court ruled the former attorney general wrongly changed initiative ballot question wording. Former state Attorney General Scott Pruitt (R), now head of the federal Environmental Protection Agency, changed the ballot title for a medical marijuana initiative in a way that would mislead voters. The original ballot question read: "A yes vote legalizes the licensed use, sale, and growth of marijuana in Oklahoma for medicinal purposes," but Pruitt changed that to: "This measure legalizes the licensed use, sale, and growth of marijuana in Oklahoma. There are no qualifying medical conditions identified." Now, the original language for the 2018 initiative has been restored.

West Virginia

Last Friday a medical marijuana bill advanced. The Senate Health and Human Resources Committee voted to approve Senate Bill 386, the West Virginia Medical Cannabis Act. The bill would create a system of regulated cultivation sites and dispensaries and allow the use of medical marijuana by persons suffering from a list of qualifying conditions. The bill now heads to the Senate Judiciary Committee.

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

Chronicle AM: IL Legal MJ Bill Filed, CA Bill Bars Helping Feds Attack Legal MJ, More... (3/23/17)

Illinois lawmakers want to see marijuana legalization; California lawmakers want to protect marijuana legalization, and more.

Marijuana Policy

California Bill Would Block Cops From Aiding Federal Pot Crackdown. Six Democratic legislators have filed Assembly Bill 1578, which would bar state and local law enforcement from cooperating in any federal enforcement activities aimed at state-legal marijuana operations. "Prohibiting our state and local law enforcement agencies from expending resources to assist federal intrusion of California-compliant cannabis activity reinforces… the will of our state's voters who overwhelmingly supported Proposition 64," said Assemblyman Reggie Jones-Sawyer (D-Los Angeles), the lead author of the new bill.

Illinois Lawmakers File Legalization Bill. A group of Chicago Democratic legislators have filed a marijuana legalization bill by amending an existing bill, House Bill 2353. The measure would legalize the possession of up to an ounce by adults (a half-ounce for non-residents), set up a system of legal marijuana manufacture and distribution $50 per 28 grams on all cannabis flowers, and give state regulators 180 days to get a system up and running.

Law Enforcement

Supreme Court Rules Lawsuit From Man Jailed Over Bottle of Vitamins Can Advance. An Illinois man jailed for two months after police claimed the pills in his vitamin bottle were ecstasy despite lab tests that showed they weren't can continue to pursue his federal civil rights claim, the US Supreme Court ruled Tuesday. Elijah Manuel, who is black, said officers pulled over the vehicle in which he was riding, falsely claimed they smelled marijuana, screamed racial slurs, then claimed their field drug test indicated his vitamins were ecstasy. Police continued to hold him in jail even after other tests verified the pills were not ecstasy until prosecutors eventually dropped the case. "No evidence of Manuel's criminality had come to light in between the roadside arrest and the county court proceeding initiating legal process; to the contrary, yet another test of Manuel's pills had come back negative in that period," according to the opinion. "All that the judge had before him were police fabrications about the pills' content. The judge's order holding Manuel for trial therefore lacked any proper basis. And that means Manuel's ensuing pretrial detention, no less than his original arrest, violated his Fourth Amendment rights."

International

Vietnam Sentenced Nine to Death for Drug Trafficking. A court in Hoa Binh province sentenced nine men to death for trafficking more than a thousand pounds of heroin in a trial that ended Tuesday. Vietnam sentences dozens of people to death each year; about a third of them for drug offenses.

Medical Marijuana Update

Busy, busy. Lawmakers in Arkansas and North Dakota try to "fix" medical marijuana initiatives, New York chronic pain patients can now use medical marijuana, a CBD compromise is reached in Georgia, and more.

Arizona

Last Thursday, the Court of Appeals upheld limits on PTSD recommendations. The state court of appeals ruled that the Department of Health Services was acting legally when it decided that doctors could only recommend medical marijuana for "palliative care" for PTSD. The department argued there was no evidence showing marijuana could actually cure people of PTSD. The department also limited recommendations to people who were already being treated for PTSD. An Arizona medical marijuana nurses group filed suit against the restrictions, but now the court has ruled against them.

Arkansas

Last Wednesday, a bill to ban edibles and public smoking won a committee vote. A bill that would bar medical marijuana patients from consuming edibles or from smoking their medicine in public was approved by the House Rules Committee. But the measure, House Bill 1400, faces an uphill battle to win final approval because any changes to the voter-approved medical marijuana law require a two-thirds vote to pass.

Last Friday, the bill passed the House. The House voted to approve House Bill 1400, which would prohibit the smoking of medical marijuana anywhere tobacco smoking is prohibited. The bill passed 88-0. Under the bill, knowingly smoking medical marijuana in the presence of a pregnant woman would be prohibited. The measure also prohibits those under 21 from smoking medical marijuana. A bill that would have banned smoking medical marijuana at all has already died in the Senate.

On Monday, the House killed a bill banning edibles. The House voted 52-40 to kill House Bill 1991, which would have banned the commercial production of medical marijuana edibles in the state. Bill sponsor Rep. Robin Lundstrum (R-Springdale) argued that patients could make their own and that medical marijuana is medicine, not candy, but her arguments failed to sway her peers.

Georgia

Last Thursday, lawmakers reached a compromise on a CBD cannabis oil bill. Lawmakers appear to have reached an agreement that would add six illnesses and conditions to the state's list of qualifying medical conditions, allow the use of CBD cannabis oil in hospice care, and keep the allowable level of THC in cannabis oil at 5% or less. That means Senate Bill 16 should now be able to pass out of the House Human Services Committee and head for a House floor vote.

Massachusetts

Last Thursday, bills to protect patients' employment rights filed. Even as the state Supreme Court heard a case on employment rights for medical marijuana patients, two bills alive in the state legislature would do just that. Rep. Frank Smizik (D-Brookline) has introduced House Bill 2385, which would explicitlyprotect the rights of a medical marijuana patient to use the drug without facing discrimination in hiring, firing or terms of employment. The bill would also protect medical marijuana patients from discrimination in education, housing and child welfare and custody cases. That bill is currently before the Committee on Marijuana Policy. A similar bill was filed last sessions, but didn't pass. A second bill, House Bill 113, is aimed mostly at updating state law to bring it in line with the Americans With Disabilities Act, but one provision clarifies that employers cannot take adverse employment action against someone for using medical marijuana. That bill is before the Joint Committee on Children, Families, and Persons with Disabilities.

Nebraska

Last Wednesday, a medical marijuana bill got a charged hearing. At a hearing in the Judiciary Committee, law enforcement, the state attorney general's office, and the state's top doctor all came out in opposition to a medical marijuana bill, Legislative Bill 622, but legislators also heard emotional testimony in favor of the bill from Army veterans and others who said they would benefit from access to medical marijuana. Five of the bill's sponsors sit on the eight-member Judiciary Committee, so the bill is likely to make it to a House floor vote, where opposition has killed similar measures in past years.

Last Friday, the bill headed for a floor vote. The legislature's Judiciary Committee voted 6-1to advance Legislative Bill 622, which would bring medical marijuana to the Cornhusker state. The bill would authorize cultivation, manufacture, and distribution of medical marijuana products, but would ban smoking the herb or allowing patients to grow their own. The bill is opposed by Gov. Pete Ricketts (R), as well as the state's law enforcement establishment.

Nevada

On Monday, a bill was filed to let medical marijuana patients carry guns. State Sen. Kevin Atkinson (D-Las Vegas) filed Senate Bill 351. That measure would allow medical marijuana users to possess a firearm and a concealed carry permit. Current state law requires sheriffs to deny such permits for medical marijuana users.

New Hampshire

On Monday, Na Senate committee approved the use of medical marijuana for Ehrlers-Danlos syndrome. The Senate Health, Human Services, and Elderly Committee has approved a bill that would add Ehlers-Danlos syndrome to the state's list of qualifying conditions for medical marijuana. The measure now heads for a Senate floor vote. If it passes there, the House will take it up.

New York

Last Thursday, the Health Department said New Yorkers suffering chronic pain will be able to use medical marijuana starting this week. After announcing in December that it planned to add chronic paid to its list of qualifying conditions for medical marijuana, the Health Department said patients could start getting recommendations for chronic pain beginning Wednesday. The department also announced that physicians' assistants can now recommend medical marijuana. "Improving patient access to medical marijuana continues to be one of our top priorities, as it has been since the launch of the program," Health Commissioner Howard Zucker said in a statement. "These key enhancements further that goal."

North Dakota

On Tuesday, advocates threatened a lawsuit or new initiative in the face of legislative meddling. The head of the committee that ran the state's successful medical marijuana initiative campaign warned legislators that they could face a legal challenge or even another initiative campaign if they don't back away from changes contemplated in Senate Bill 2344, which has already passed the Senate. That measure bars patients and caregivers from growing their own plants and restricts the use of smoked medical marijuana to cases where a physician attests that no other form of marijuana would be effective. The comments came from Rilie Ray Morgan as he testified before the House Human Services Committee.

Tennessee

On Tuesday, a medical marijuana bill was prounounced dead. Rep. Jeremy Faison (R-Crosby) said that his medical marijuana bill, House Bill 495, is dead because senators were afraid to vote for it. "The Senate, bless their heart, are just scared to death of their voters," Faison said Tuesday after the House Health Committee shelved the bill and instead approved a non-binding marijuana-related resolution to study the issue over the summer.

Utah

On Tuesday, advocates announced plans for a 2018 initiative. Medical marijuana advocates are gearing up to try to put an initiative on the state's 2018 ballot. They said they would begin the process of signature gathering next month, and they cite promising polling. The state legislature has so far thwarted efforts to create a robust medical marijuana program.

Virginia

Last Thursday, the governor signed a bill legalizing pharmacy distribution of CBD and THC-A oil. Gov. Terry McAuliffe (D) signed Senate Bill 1027 into law. The bill allows for companies to manufacture and provide CBD cannabis oil and THC-A oil for the treatment of epilepsy and provides for its distribution through pharmacies.

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

Stingray: Privacy, Surveillance, the War on Drugs, and Your Phone [FEATURE]

special to Drug War Chronicle by independent investigative journalist Clarence Walker, cwalkerinvestigate@gmail.com

Raymond Lambis is a free man -- at least for now.

He was looking at 10 years to life on federal drug charges, but the case was built on a controversial technology -- "Stingray" -- and in a precedent-setting 2016 decision widely celebrated by legal experts and privacy advocates, a federal judge ruled that use of the device without a search warrant violated the Fourth Amendment's proscription against unreasonable search and seizure.

The decision -- and the technology -- has implications that go far beyond the shadowy world of drug dealers and DEA agents. Stingray is a generic term for a cell-site simulator, a device that can mimic cell towers as a means of tracking down cell phones. Law enforcement can use Stingray to pick up phone calls, voicemail messages, and text messages, and to pinpoint the physical location of a targeted phone to within a few feet.

In the Lambis case, federal prosecutors argued that they didn't need a warrant to use the wide-ranging Stingray, but federal district court Judge William H. Pauley shot them down.

"Absent a search warrant," Judge Pauley held in his 14-page opinion, "the government may not turn a citizen's cell phone into a tracking device."

But that's exactly what DEA agents did to build their case against Lambis. They used Stingray to locate his cell phone inside his family residence, then conducted a warrantless search of his bedroom and uncovered a large amount of cocaine.

Federal prosecutors had a fallback argument -- that even if a warrant were necessary to track Lambis' phone, once his father gave agents at his door permission to enter and Lambis then "consented" to a search, the search should be allowed -- but Pauley wasn't having that, either.

"The procurement of a 'voluntary' consent to search based upon a prior illegal search taints that consent," he held.

US District Court Judge William H. Pauley
But if federal prosecutors have their way, the DEA and other federal agents will be able to do it again. In September, prosecutors from the US Attorneys Office for the Southern District of New York filed an appeal of Pauley's decision with the US 2nd Circuit Court of Appeals.

"We're obviously disappointed about that," Lambis' attorney Alan Seidler told Drug War Chronicle.

So is the Electronic Frontier Foundation. Rebecca Jeschke, a digital rights analyst for the group, told the Chronicle that if the government wins on appeal, everyone's privacy will be eroded.

"As we use cell phones more and more, a successful appeal will touch nearly every American," she said.

A successful appeal would be salt in the wounds of legal scholars and privacy advocates who hailed Pauley's forceful decision in Lambis as a major victory against warrantless surveillance by the government.

"This is the first federal ruling I know of where a judge squarely ruled that the Fourth Amendment required police to get a warrant to use a Stingray, and further, suppressed evidence derived from warrantless use of the technology," ACLU Attorney Nathan Wessler told the New York Times at the time. "After decades of secret and warrantless use of Stingray technology by law enforcement to track phones, a federal judge has finally held authorities to account."

According to an ACLU report, at least 60 state, local, and federal law enforcement agencies in 23 states have used Stingray to suck up citizens' cell phone data.

Stingray in the Lambis Case

According to court documents, the trail to Raymond Lambis' front door began with a DEA investigation into an alleged drug pipeline importing large amounts of cocaine from South America beginning in early 2015. DEA agents obtained a wiretap warrant to glean information about the numbers dialed from a specific cell phone.

After agents obtained the warrant, they monitored messages off a Blackberry between two suspected drug traffickers. During one particular conversation agents overheard a voice referring to someone named "Patilla," whose phone had a 646 area code.

Messages between Patilla and the other, unnamed party indicated that Patilla could supply hydrochloric acid, which is used by traffickers in the heroin-refining process. DEA agents then got a warrant to order the phone company to provide "approximate location," or "cell-site location information" (CSLI).

A frequent complaint of defense attorneys and privacy advocates has been that law enforcement, and DEA agents in particular, will mislead judges into thinking the warrant they sign off on is to get specific cell-site information from a carrier when what agents are really doing is using Stingray to locate a person's phone or actual address. As the Chronicle reported in 2013, "The Stingray technology not only raises Fourth Amendment concerns, it also raise questions about whether police withhold information from judges to monitorcitizens without probable cause.That's what happened in Lambis.

In the Lambis case, DEA Special Agent Kathryn Glover obtained a warrant seeking cell-site data and location information for that 646 phone, but did not tell the judge DEA would be using Stingray to conduct a search to pin down Lambis' exact location.

"So they went to the effort to get a warrant, but then didn't tell the judge they intended to use that same warrant to use a Stingray," ACLU technology specialist Christopher Soghoian told Ars Technica. "It is so important for federal courts to recognize that use of a Stingray is a search of a Fourth Amendment-protected place, and not only is a warrant required, but the court authorizing the surveillance must be told they are authorizing the use of a Stingray."

But the phone carrier's CSLI data, which Agent Glover said in her warrant application would be used to track down the 646 phone, only guided DEA agents to the "general area" of Broadway and 177th Street in Manhattan. To pinpoint the 'house or building where the phone most likely resided with its owner the DEA unleashed Stingray to first zero in on the exact building and then on the exact apartment.

A DEA technician using a hand-held Stingray walked through the building until he picked up the strongest signal -- coming from inside the Lambis apartment. Then, DEA agents knocked on the door, and Lambis' father allowed the gun-toting agents inside. When agents asked if anyone else lived there, the elderly man knocked on his son's door, and Lambis opened it up only to be confronted by the DEA.

Faced by the agents in his home, he then consented to a search of his bedroom, where agents discovered a kilo of cocaine, empty ziplock bags, a scale, and eight cell phones. He was charged with possession of cocaine with intent to distribute and other drug-related charges. It was Lambis' defense motion to throw out that evidence as a result of an unlawful search that led to Pauley's ruling.

The States Aren't Waiting for the Federal Courts

The courts aren't the only place Stingray is running into headwinds. Thanks to decisions like that in the Lambis case, some states have begun passing privacy legislation aiming at protecting citizens' cell phone data from warrantless searches by Stingray or similar cell-site simulators used by police. Among them are California, Illinois, Minnesota, Rhode Island, Virginia, and Washington.

"Citizens have the right to expect that they will not have their personal information investigated by police without a warrant," said Rep. Edith H Ajello (D-Providence) after passage of a 2016 Rhode Island bill that prohibits obtaining cell phone data by cell-site technology.

"Requiring a warrant won't make it difficult for police to do their job," concurred Sen. Donna Nesselbush (D-North Providence). "It's essentially updating search warrant law for the information age."

"As advances in technology enable police to more efficiently investigate and solve crimes, it's important that we help them to know they are following state laws and the Constitution," said Illinois Sen. Daniel Bliss (D-Evanston) upon passage of similar legislation there in 2016. That law, the Citizen Privacy Protection Act, went into effect January 1.

While the states aren't waiting for the federal courts to provide protections, the Lambis decision and related controversies over Stingray technology have created such a firestorm that the Justice Department and the Department of Homeland Security are now requiring agents to obtain a warrant before using Stingray in investigations. But that could change if the appeals court rules in the government's favor. Stay tuned.

Journalist Clarence Walker can be reached at cwalkerinvestigate@gmail.com.

Chronicle AM: CO Caregiver Plant Limit to Drop Big-Time Next Week, Aussie Poll Has Pro-Pot Plurality, More... (12/27/16)

Colorado caregivers will have to dramatically trim their gardens beginning January 1, Kansas medical marijuana mom Shona Banda has a federal lawsuit thrown out, Australian public opinion is shifting in favor of marijuana legalization, and more.

Kansas medical marijuana mom Shona Banda's federal lawsuit got tossed.
Medical Marijuana

Colorado Caregiver Plant Limits Shrink Dramatically As of Next Week. Beginning January 1, the maximum number of plants medical marijuana caregivers can grow will drop from 495 to 99. The change, adopted by the legislature, is being hailed by law enforcement, which sees it as a move against black market marijuana supplies, but marijuana advocates worry that patients are at risk of losing a vital source of medicine.

Federal Judge Throws Out Kansas Medical Marijuana Mom's Lawsuit. A federal judge has thrown out the lawsuit from Shona Banda, the Garden City mother who lost custody of her son and was arrested over her use of cannabis oil. Garden City police raided her home in March 2015 after he son spoke up about her cannabis use at school, and child welfare authorities took custody of her son. In her lawsuit, Banda argued that she had a "fundamental right" to use medical marijuana and asked the court to restore custody of her son. But the judge ruled that Banda had not responded to filings from plaintiffs and dismissed the case. She still faces state criminal charges.

Heroin and Prescription Opioids

Top Maine Republican Wants Single Committee to Handle Opioid Crisis. Assistant House Minority Leader Ellie Espling (R-New Gloucester) is calling for a single committee to handle bills addressing the state's opioid problem. Drug policy current is handled by three main committees -- Health and Human Services, Judiciary, and Criminal Justice and Public Safety -- but Espling said she doesn't want solutions placed in "silos." But neither the Democratic House leadership nor the Republican Senate leadership has signed on to her idea.

International

Poll: More Australians Now Favor Pot Legalization Than Don't. According to data from the Australian National University, 43% of Australians polled support marijuana legalization, with 32% opposed, and the rest undecided. Support is up nine points since 2013, when only 34% favored legalization and 44% were opposed.

Chronicle AM: OR Dispensaries Patient Only, Only Pure Cocaine Weight for OH Sentences, More... (12/26/16)

A new study finds that traffic fatalities decline in medical marijuana states, the Ohio Supreme Court rules that only the weight of pure cocaine -- not filler -- can be used in sentencing determinations, the Republic of Georgia walks away from jailing pot smokers, and more.

Starting next week, Oregon pot buyers will need a patient card if they want to buy at dispensaries. (Creative Commons/Wikimedia)
Medical Marijuana

Study: States With Medical Marijuana Laws See Decline in Traffic Deaths. A new study from Columbia University's Mailman School of Public Health finds that states that have passed medical marijuana laws have seen an 11% reduction in traffic fatalities since those laws went into effect. And those states have seen a 26% reduction in traffic fatalities compared to states where marijuana remains illegal.

Oregon Dispensaries Go Back to Selling Only to Patients Next Week. As of January 1, dispensaries will revert to selling only to card-carrying patients. The state had allowed dispensaries to sell to any adult while it set up a licensing scheme for retail pot shops, but that now ends, and that means Oregon pot consumers who are not patients will have fewer places to legally buy pot. There are some 300 dispensaries in the state, but only a hundred retail pot shops. Some dispensaries are moving to be licensed as retail shops.

Sentencing

Ohio Supreme Court Rules Cocaine Sentences Must Be Based on Weight of Cocaine, Not Filler. In a decision that could reopen the sentencing of people who were sent to state prison for possessing more than a hundred grams of cocaine, the state Supreme Court has ruled that sentences must be based on the amount of pure cocaine suspects had, not the entire amount of suspected drugs. "The state must prove that the weight of the actual cocaine, excluding the weight of any filler materials, meets the statutory threshold," Justice Judith Ann Lanzinger wrote for the 4-3 majority. The decision was based on the legislature's 1995 and 2011 rewriting of the state's drug laws, which defined cocaine as a drug by itself without adding any "mixture."

International

Georgia Constitutional Court Strikes Down Jail for Marijuana Possession. The Constitutional Court ruled last Thursday that possession and consumption of marijuana is no longer a jailable offense. "The Constitutional Court found that the norms referring to the use of a small amount of marijuana, as well as its purchase, storage and product on, are unconstitutional," it said in a statement. The ruling came in response to a lawsuit filed by the Public Defender's Office, which called imprisoning people for pot "irrelevant, too strict, and degrading." Marijuana possession was not a criminal offense in Georgia until 2006, when then President Mikheil Saakashvili launched an anti-drug campaign. Last year, the Constitutional Court struck down a law that imposed a prison sentence of up to 12 years for possession.

Chronicle AM: MO Tech School Drug Testing Victory, AZ MedMJ DUID Victory, More... (12/23/16)

A federal appeals court sharply restricts mandatory drug testing at a Missouri technical college, an Arizona appeals court says prosecutors must actually prove impairment before convicting medical marijuana patients of DUID, the DEA seems to be a bit less busy than in years past, and more.

DEA is doing a little less of this these days, according to federal conviction numbers. (dea.gov)
Marijuana Policy

Connecticut Senate Leader Prioritizes Marijuana Legalization Bill. Marijuana legalization is a key part of state Senate President Martin Looney's (D-New Haven) legislative agenda for the session beginning next month. He has pre-filed a legalization bill that would legalize pot and tax its sale in a manner similar to Colorado as part of a 10-bill package representing his priorities. The bill is not yet available on the legislative website. The move comes despite Gov. Dannel Malloy's (D) rejection of legalization earlier this month and could set up a veto battle if the bill actually passes.

Medical Marijuana

Arizona Appeals Court Rules State Must Prove Patients Were Actually Impaired By Marijuana Before Convicting Them of DUID. Medical marijuana users can't be convicted of DUID solely for having marijuana in their systems absent proof they were actually impaired, the court ruled Thursday. Arizona is a zero-tolerance DUID state, and that's a problem, the judges said. "According to evidence here, there is no scientific consensus about the concentration of THC that generally is sufficient to impair a human being,'' appellate Judge Diane Johnsen wrote. The court also clarified that it is up to the state to prove impairment, not up to the defendant to disprove it. The ruling comes just two days after another division of the appellate court blocked Maricopa County Attorney Bill Montgomery in his bid to cite federal prohibition as a reason to refuse zoning requests for dispensaries.

Drug Testing

Missouri Technical College Can't Force Student Drug Tests, Appeals Court Rules. The State Technical College of Missouri violated the Constitution by forcing incoming students to submit to a drug test, the 8th US Circuit Court of Appeals has ruled. The school instituted the policy in 2011 despite no evidence of accidents being caused by drug use and required students to take a drug test within 10 days of the start of classes. Students shortly filed a class action lawsuit, which won in district court, but was overturned by a three-judge panel of the 8th Circuit. But now, that decision has been overturned by the 8th Circuit en banc, which held that drug testing can only be required in "safety-sensitive" programs.

Wisconsin Lawmaker Backs Away From Proposal to Impose High School Drug Testing. Rep. Joel Kleefisch (R-Oconomowoc) is retreating from a proposal to require school district to drug test student involved in extracurricular activities after the notion was panned by critics including Republican Gov. Scott Walker, who has no problems imposing drug testing on poor people. Now Kleefisch says he will instead ponder legislation that would require school districts to provide a way for parents to voluntarily have their children drug tested.

Law Enforcement

DEA Drug Convictions Continue to Drop. The Transactional Records Access Clearinghouse (TRAC) reports that convictions for drug cases referred by the DEA continue a 10-year decline. During Fiscal Year 2016, federal prosecutors won 9,553 criminal convictions on cases referred by the DEA. That's down 7.1% from the previous year, down 25% from five years ago, and down 35% from 10 years ago. TRAC notes that the decline in convictions is the result of fewer referrals by the DEA, not a lowered conviction rate, which has held steady.

Medical Marijuana Update

The DEA has clarified that it still considers CBD to be illegal, Arkansas moves forward on implementation of its new program, Michigan gets legal dispensaries and a favorable court ruling, and more.

National

Last Wednesday, DEA clarified that, yes, it still considers CBD to be illegal. The DEA added a new code for marijuana extracts, including low-THC CBD cannabis oils, in the Federal Register. The code defines marijuana extracts as "an extract containing one or more cannabinoids that has been derived from any plant of the genus Cannabis, other than the separated resin (whether crude or purified) obtained from the plant." That means that marijuana extracts, even those derived from low-THC industrial hemp, are considered marijuana and are placed under Schedule I of the Controlled Substances Act.

On Monday, imprisoned California dispensary operators were seeking a presidential commutation. Luke Scarmazzo and Ricardo Montes operated a medical marijuana dispensary in Modesto, California, until their arrest by federal drug agents 10 years ago. They were prosecuted and convicted of federal drug crimes for their efforts and sentenced to 21 years 10 months and 20 years, respectively. Now, they are formally seeking sentence commutations from President Obama, who has cut the sentences of more than a thousand other federal drug prisoners so far this year. The pair point out that they would not have been prosecuted under current federal policies largely turning a blind eye to marijuana in states where it is legal, whether recreationally or merely for medical purposes.

Arizona

On Tuesday, a state appeals court ruled that local officials can't use federal law to harass dispensaries. In a unanimous decision, the state Court of Appeals ruled that local officials can't use the federal ban on marijuana to refuse to provide zoning for dispensaries. Maricopa County Attorney Bill Montgomery (R) had no legal basis to claim that federal law trumps the state's voter-approved medical marijuana, the court held.

Arkansas

On Tuesday, state regulators set the number of commercial grows at five. The state Medical Marijuana Commission voted Tuesday to allow up to five commercial cultivation centers in the state. The Arkansas Medical Marijuana Amendment, approved by voters last month, specified that there could be between four and eight centers; the commission opted to start on the low end. Grows won't start, however, until rules about growing, processing, and distribution are finalized.

Maine

Last Thursday,Mthe governor said the state should "get rid of" medical marijuana after legalization. Tea Party Republican Gov. Paul LePage called for an end to the state's medical marijuana program: "If you've got recreational marijuana, it's over the counter," he said. "Why do we need medical marijuana?" But initiative backers said the intent of the legalization initiative was to respect medical marijuana and have "dual programs running side by side."

Michigan

On Tuesday, the state's new medical marijuana laws went into effect. New state laws that will explicitly allow for dispensaries, regulate growing and processing facilities, and allow patients to use non-smokable forms of the drug are in effect as of Tuesday. "This new law will help Michiganders of all ages and with varying medical conditions access safe products to relieve their suffering," Gov. Rick Snyder (R) said after signing the bills back in September. "We can finally implement a solid framework that gives patients a safe source from which to purchase and utilize medical marijuana."

Also on Tuesday, the state appeals court ruled that the medical marijuana law protects people transporting it. The state Court of Appeals ruled that the state's medical marijuana law extends to people accused of illegally transporting it. A state law written after voters approved medical marijuana, requires that it be stored in the trunk or other inaccessible part of the vehicle, but the court held that law is invalid because it imposes additional requirements on medical marijuana users.

Ohio

Last Thursday, the state Pharmacy Board issued draft rules for dispensaries. The board has issued proposed rules governing medical marijuana distribution in the state. The rules envision up to 40 dispensaries operating, with applicants having to show they have at least $250,000 in liquid assets. Applicants would have to pay a $5,000 non-refundable application fee, and if approved, would have to pay an $80,000 annual fee. Dispensaries would also have to pay a $100 fee for each advertisement, which would have to be approved by the board. The rules are open for comment until January 13. The Board of Pharmacy is one of three state agencies tasked with regulating the nascent industry. The State Medical Board has already released rules for doctors, and the Commerce Department is charged with regulating growers and processors.

Tennessee

Last Wednesday, Republicans rolled out a medical marijuana bill. State Sen. Steve Dickerson (R-Nashville) and state Rep. Jeremy Faison (R-Cosby) held a press conference Wednesday to introduce their "conservative proposal" to allow for the use of medical marijuana. Their draft bill would set a limit of 50 grow houses statewide, with each allowed to operate one on-site and two storefront dispensaries. It appears to make no provision for patient or caregiver grows. And it limits medical marijuana eligibility to a small list of specified conditions, including cancer, HIV/AIDS, ALS, PTSD, and Alzheimer's.

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

Medical Marijuana Update

Montana's dispensaries are coming back to life, Michigan's medical marijuana fees have been funding aggressive anti-marijuana law enforcement, and more.

Arkansas

On Monday, members of the state's new medical marijuana commission were sworn in. In the first meeting of a commission established to create a state medical marijuana system after voters approved a constitutional amendment last month, five commissioners were sworn in. The members of the state Medical Marijuana Commission are Dr. Ronda Henry-Tillman of Little Rock, lobbyist James Miller of Bryant, Dr. Carlos Roman of Little Rock, pharmacy executive Stephen Carroll of Benton and attorney Travis Story of Fayetteville. Henry-Tillman was unanimously elected Monday afternoon as the commission's chairman.

Kentucky

On Tuesday, a medical marijuana bill was filed. State Sen. Perry Clark (D-Louisville) has filed the Cannabis Compassion Act of 2017 (BR 409), which would allow patients with a specified list of diseases and medical conditions access to their medicine. The bill would allow patients to possess up to three ounces and grow up to 12 plants and envisions a system of regulated cultivators and "compassion centers.

Michigan

On Tuesday, news came that medical marijuana fees are funding the state's war on drugs.Medical marijuana fees have fattened the Michigan Medical Marijuana Fund, and state law enforcement has been tapping into that fund to aggressively go after marijuana. Local sheriffs in the Detroit area have spent more than $600,000 raiding dispensaries in the past year, and there's more where that came from since the fund has raised $30 million. "I really don't think it's appropriate to fund law enforcement on the backs of medical marijuana patients," medical marijuana attorney Matt Abel told the Detroit News. "… It's really a hidden tax on patients."

Montana

Last Wednesday, a state judge cleared dispensaries to reopen. A district court judge in Helena has ruled that a wording error in last month's successful medical marijuana initiative should not keep sick patients from having access to the plant now. The initiative undid a 2011 law that largely undid the original 2004 initiative allowing medical marijuana, but late changes to the initiative resulted in new sections being added, which in turn resulted in a change in section numbering that unintentionally pushed back the date dispensaries could open. "The folks that are maybe the most in need are the least able to provide, to grow their own," the judge said in making his ruling. "I think speed is more important than niceties."

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

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