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Mass High Court Rules Police Can't Search Vehicles Based Solely on Suspicion of MJ Possession

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

Civil rights advocates and marijuana legalization supporters are welcoming a decision from the state Supreme Judicial Court that says police can't stop motorists solely because they suspect the vehicle's occupants are carrying marijuana. The decision came in Commonwealth v. Rodriguez.

The Rodriguez in question was Elivette Rodriguez, who was a passenger in a car stopped by New Bedford police in 2012 after they allegedly detected the smell of marijuana coming from the vehicle. During the stop, police found a bag containing 60 Percocet pills, and Rodriguez was charged with possession of a Class B substance with intent to distribute, as well as other offenses.

Before trial, Rodriguez filed a motion to suppress the evidence from the search, arguing that since the state had decriminalized the possession of small amounts of marijuana in 2008, the mere odor of marijuana coming from the car did not create sufficient probable cause to undertake the traffic stop and subsequent search. The trial judge denied that motion, but put the trial on hold while Rodriguez appealed his decision. The Supreme Judicial Court on its own initiative took the case from the appeals court.

In its ruling Tuesday, leaning heavily on the 2008 decriminalization law, the Supreme Judicial Court agreed with Rodriguez. "Permitting police to stop a vehicle based on reasonable suspicion that an occupant possesses marijuana does not serve [the] objectives" of the law, Justice Margot Botsford wrote for the majority. Allowing such stops "does not refocus police efforts on pursing more serious crime," another goal of the law, she wrote.

The court's 5-2 majority ruled that the pills were inadmissible in court because they were "fruit of the poisoned tree," in the classic formulation. In other words, the evidence resulted from an illegal search and thus must be thrown out. Rodriguez' drug case was referred back to district court for "further proceedings consistent with this opinion," but since they now have no evidence against her, prosecutors said they would drop the case.

In arguing the case, Bristol prosecutors had asserted that police can stop vehicles for a civil marijuana offense, just as they can for a civil traffic offense, but the court rejected that argument. While traffic laws are designed to promote road safety, "there is no obvious and direct link" between marijuana possession and maintaining highway  safety.

"The high court was making a statement "about how the police ought to spend their time and the taxpayers' money," ACLU of Massachusetts legal director Matthew Segal told the Boston Globe. Pulling over a vehicle for suspicion of marijuana possession "is not consistent with the Massachusetts constitution, nor is it consistent with the will of the voters who passed decriminalization," he said.

The Campaign to Regulate Marijuana Like Alcohol, one of two groups undertaking marijuana legalization initiative campaigns in the state (the other is Bay State Repeal), was also pleased with the decision. In a statement, campaign spokesman Jim Borghesani said the "provides further clarification for how police officers should handle vehicle stops in the era of decriminalization, and it advances the clear message sent by voters in 2008 to refocus police activity on more serious crimes."

Chronicle AM: Cannabis Social Clubs An Issue, NYC Psychedelics Conference, Argentine Election, More (9/25/15)

The issue of marijuana social clubs is bubbling up in Alaska and Colorado, a second Massachusetts legalization initiative gets ready to collect signatures, Oklahomans really don't like asset forfeiture, and more.

A conference on psychedelics is coming to New York City next month.
Marijuana Policy

Federal Bill Would End Students Losing Financial Aid for Getting Caught With a Joint. Rep. Earl Blumenauer (D-OR) has filed HR 3561, which would protect students who get arrested for misdemeanor marijuana possession offenses from losing access to financial aid. Under the 1998 version of the Higher Education Act (HEA), students with drug convictions lost financial aid, but that law was later walked back to apply only to students in school and receiving financial aid at the time of their offense. Blumenauer's bill would exempt students caught with marijuana from that punishment.

Alaska Set to Ban Cannabis Social Clubs. The state Marijuana Control Board has accepted draft language that would ban businesses allowing on-site pot smoking. The board said such businesses are not a type that was specified in the initiative that legalized marijuana in the state. If Alaskans want marijuana social clubs, it will now be up to them to convince the legislature to create legal space for them.

Colorado Bill Will Allow Marijuana Social Clubs. Rep. Kit Loupe (R-Colorado Springs) says he has drafted a bill that would create a retail marijuana club license. Marijuana users would be allowed to consume at the club, and the clubs could also serve alcohol and food, if licensed to do so. He says he will introduce the bill when the legislature convenes in January.

Second Massachusetts Legalization Initiative Campaign Kicks Off Tomorrow. It's the 26th Annual Boston Freedom Rally this weekend, and Bay State Repeal is using the occasion to launch the signature gathering drive for its legalization initiative. Another initiative campaign, the Marijuana Policy Project-affiliated Campaign to Regulate Alcohol Like Marijuana, got going on signature-gathering earlier this week.

Medical Marijuana

Oregon Seeking Members for Medical Marijuana Task Force. The state Health Authority's Public Health Division said Thursday it is seeking applicants to serve on a newly created Task Force on Researching the Medical and Public Health Properties of Cannabis (the Cannabis Research Task Force). Those interested need to fill out this form by September 30.

Heroin and Prescription Opiates

Massachusetts Opioid Abuse Bill Would Mandate Screening of School Students. A wide-ranging bill to deal with heroin and opiate use being finalized by state Senate leaders would include mandatory drug screening of junior and high school students. While it is only a drug "screening," not a drug test, the provision is raising privacy and confidentiality concerns among some lawmakers. Click on the link for more discussion.


Psychedelics Conference in New York City Next Month. The annual Horizons: Perspectives on Psychedelics conference will take place in New York City on October 9-11. "In recent years, a growing community of scientists, doctors, artists, activists, seekers and scholars has orchestrated a renaissance in psychedelic thought and practice. Horizons is a unique forum that brings together the brightest minds and the boldest voices of this movement to share their research, insights and dreams for the future," according to the Drug Policy Alliance, which is a partner in the conference. Click on the links for more information.

Asset Forfeiture

Oklahoma Poll Has Overwhelming Support for Civil Asset Forfeiture Repeal. A new SoonerPoll shows strong public antipathy toward asset forfeiture and strong support for ending asset forfeiture without a criminal conviction. Some 70% said they would support "legislation that would allow law enforcement only to keep property when a criminal conviction is achieved" and 78% said they agreed that "law enforcement keeping confiscated property without a conviction denies those of their constitutional right of due process is un-American." The poll comes as the legislature ponders asset forfeiture reform.

Drug Policy

Massachusetts Senate Passes Bill to Repeal Drivers' License Suspensions for Non-Driving Drug Offenses. The state is one of handful that still maintain such laws, but perhaps for not much longer. Senate Bill 2014 has passed the Senate and now heads to the House.


Argentine Presidential Candidates Ignore Experts, Call for More Drug War. The top three hopefuls in this year's presidential race -- Sergio Massa, Mauricio Macri, and Daniel Scioli -- all are calling for a tougher drug war, but Argentine scholars and experts say they are only deepening failed policies. More than a hundred scholars have signed a document, The Drug Issue in Argentina, that says maintaining, let alone deepening, existing prohibitionist policies is not the right way to go. Click on the links for more.

Tomorrow is the Anniversary of the Disappearance of Mexico's Ayotzinapa Students. A year ago Saturday, 43 students from a teachers college went missing in Iguala, Guerrero. They still haven't been found, and their disappearance has revealed links between local politicians, local law enforcement agencies, and drug gangs in a scandal that has severely tarnished the reputation of President Enrique Pena Nieto. The families are keeping the pressure on. Click on the link for more.

Chronicle AM: Christie Blames Obama for "Heroin Epidemic," CO Patients Sue Over PTSD, More (8/24/2015)

Pot isn't stinky enough for its odor to automatically qualify as disorderly conduct in Oregon, Colorado patients sue over the state's decision not to include PTSD in the medical marijuana program, Oklahomans will try again to get a medical marijuana initiative on the ballot, and more.

Chris Christie tries to make political hay off of opiate addiction. (nj.gov)
Marijuana Policy

Oregon Court Rules Pot Smell Not Inherently Offensive. The state Court of Appeals has thrown out the conviction of a man arrested on graffiti charges after police entered his home using the premise that he was committing disorderly conduct with the "physically offensive" odor of smoked marijuana. The court held that marijuana odors are not necessarily "physically offensive," writing that, "We are not prepared to declare that the odor of marijuana smoke is equivalent to the odor of garbage. Indeed, some people undoubtedly find the scent pleasing." The case is State v. Lang.

Medical Marijuana

Colorado Patients Sue Over State's Refusal to Include PTSD as Qualifying Condition. Five PTSD patients filed suit against the state Board of Health last Thursday over its decision not to include PTSD on the state's medical marijuana eligibility list. The board and the Department of Public Health and Environment, which is also named in the complaint, now have 21 days to respond.

Oklahoma Medical Marijuana Initiative Coming. Medical marijuana advocates filed papers with the state last Friday indicating they are preparing another initiative petition drive to put the issue before the voters. Once the initiative is approved for circulation, proponents will have 90 days to gather 123,000 valid voter signatures to qualify for the November 2016 ballot. A similar effort fell short in 2014. This one is being run by a group called Green the Vote.

Drug Policy

Chris Christie Campaign Ad Blames Heroin "Epidemic" on Obama. In a new campaign ad, the New Jersey governor and Republican presidential contender goes after "lawlessness in America and around the world under Barack Obama" and declares that "drugs are running rampant and destroying lives" as images of an apparent drug overdose and a hoodie-wearing addict shooting up show on the screen. Christie doubled down on the ad on MSNBC's Morning Joe this morning: "This president has set a standard in Washington of lawlessness," he said. "What I mean by that is this: If you don't like the law, don't enforce it. So if you don't like the immigration laws, don't enforce those and let there be sanctuary cities throughout the country and do nothing about it. If you don't like the marijuana laws, don't enforce the marijuana laws in certain states if they don't feel like enforcing them."

Ohio Bill Would End Automatic Drivers' License Suspension for Drug Offenses. Following an edict developed by the federal government in the 1990s, people convicted of drug offenses in Ohio face an automatic six-month suspension of their drivers' licenses, even if no vehicle was involved in their offense. The state told the federal government in December it wanted out of the program, and now a bill to do just that, Senate Bill 204, has been introduced. The bill would make the suspension discretionary instead of mandatory, and it has the support of state prosecutors. "It never made much sense to have a license suspension in connection with a drug offense unless there is a vehicle involved," said John Murphy of the Ohio Prosecuting Attorneys Association.


May Shootout in Mexico Now Looks Like a Massacre By Police. The Mexican National Security Commission told the public that an incident that left 42 alleged cartel gunmen and one police officer dead was an hours-long shootout, but evidence developed since then suggest that it was instead a massacre or summary execution of suspects. Now, the Mexican Attorney General's Office and local prosecutors in Michoacan say crime scene evidence doesn't match what the commission and the police reported. That evidence suggests that only 12 of the 42 dead narcos were killed in action. Twenty-three others had wounds consistent not with a gunfight, but with an execution. Federal police said they seized 43 firearms, but only 12 had been fired, and photographs of the scene showed bodies with muddy hands lying next to clean weapons. One victim was shot nine times in the back; another was beaten to death. The Attorney General's Office says it will take over the investigation once local investigators are done.

(This article was prepared by StoptheDrugWar.org's lobbying arm, the 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: Truckers Oppose Hair Drug Tests, TX Drug Felon Food Stamp Ban Ending, More (8/20/2015)

Asset forfeiture reform is moving in Michigan, Texas is about to end its ban on food stamps for drug felons, Brazil's high court takes up a case that could lead to drug decriminalization, the Teamsters and other labor groups pan hair drug testing, and more.

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

Ohio Chamber of Commerce Joins Opposition to Legalization Initiative. The Ohio Chamber of Commerce said Wednesday it would "strongly oppose" the ResponsibleOhio legalization initiative and will donate $100,000 to defeat it at the polls. The chamber cited worries over workplace safety. The initiative campaign said it was not surprised, given that chambers of commerce in other states where legalization has been an issue have always opposed it.

Asset Forfeiture

Michigan Asset Forfeiture Reform Package Wins Senate Panel Vote. The Senate Judiciary Committee Wednesday approved a package of bills reforming civil asset forfeiture. House Bills 4499 and 4503-4506 all passed unanimously. Five of the bills increase reporting requirements for law enforcement agencies, while two bills would raise standards in drug and public nuisance forfeiture cases from "a preponderance of evidence" to "clear and convincing evidence." The committee did not vote on House Bill 4508, which would have barred the seizure of vehicles used to purchase less than an ounce of marijuana, after committee lawyers said it would legalize marijuana.

Drug Policy

Texas to End Ban on Food Stamps for Drug Felons. Beginning September 1, Texas becomes the latest state to opt out of a federal ban on food stamps for drug felons that was enacted as part of the 1996 federal welfare reform bill. Many states opted out immediately, and now only a handful maintain the ban. They are Alaska, Georgia, Mississippi, South Carolina, West Virginia and Wyoming.

Drug Testing

Teamsters, Other Unions Urge House to Reject Hair Testing. A coalition of labor groups has sent a letter to House lawmakers dealing with transportation issues asking them to reject a recent Senate proposal to let trucking companies use hair testing for drugs instead of urine testing. The Senate proposal is part of a six-year highway bill. "We urge the Transportation and Infrastructure Committee to reject efforts to allow hair to be used for federal drug tests before the validity and reliability of this testing method can be determined by the Department of Health and Human Services, the groups, including the Teamsters and a branch of the AFL-CIO, wrote. Urine testing, which detects recent drug use, has "proven effective," the groups said. Hair drug testing detects drug use going back months.

Harm Reduction

Third Indiana County Gets Emergency Needle Exchanges. The state health commissioner has declared a public health emergency in Fayette County because of high levels of Hepatitis C infections. That will allow the county to institute needle exchange programs. Similar emergencies were declared earlier this year in Scott and Madison counties.


Brazil Supreme Court Considering Case That Could Lead to Drug Decriminalization. On Wednesday, the country's high court began arguing the case of a prison inmate caught with three grams of marijuana and charged with drug possession. Sao Paulo state public defenders are pushing for the conviction to be overturned on the grounds that the charge is unconstitutional because it violated citizens' privacy rights. The judges are continuing to consider the case today, with a ruling expected shortly.

New Canada Poll Has Two-Thirds for Marijuana Decriminalization. A new Ipsos poll has 65% of Canadians favoring decriminalization, with 35% opposed. "Doesn't matter where you live in the country, a majority of every demographic group supports decriminalization," said pollster Sean Simpson. Support was at 39% in 1987 and increased steadily since then.

Chronicle AM: Court Says Dispensaries Can't Take Biz Expenses, CT Sentencing Reform Becomes Law, More (7/10/15)

Nearly half the country thinks roads will be less safe with pot legalization, researchers debunk the gateway theory... again, applicants pile up for medical marijuana programs in Florida and New York, Connecticut's governor signs a bill doing away with mandatory minimums for drug possession, and more.

A new law should reduce prison overcrowding in Connecticut. (nadcp.org)
Marijuana Policy

Gateway Theory Debunked… Again. A new study in the American Journal of Drug and Alcohol Abuse has found that while marijuana use may typically precede the use of other drugs, there is no evidence it causes people to move on to them. Teens smoke pot for specific reasons, the researchers found, and it is those reasons -- not marijuana use itself -- that prompt them to try other drugs as well. Kids who smoke pot because they are bored are more likely to try cocaine, while teens who smoke pot for personal insights are more likely to try psychedelics. "We found that marijuana use within itself wasn't a risk factor for use of other drugs," said lead author Joseph Palamar, an assistant professor in the New York University Langone Medical Center's department of population health. "People do generally use marijuana before other drugs, but that doesn't mean marijuana is a cause of [using] those other drugs." The study was based on data from the annual Monitoring the Future study of American high school students.

Gallup Poll: 47% Say Marijuana Makes Roads Less Safe. Public attitudes toward marijuana and driving are fairly evenly split, with 47% saying it would make the roads less safe and 50% saying it would make no difference, according to a Gallup Poll released today. The poll results present a potential point of attack for legalization opponents, who have increasingly resorted to fears of drugged driving as other arguments against legalization have evaporated. But as Gallup notes, "… these data may defuse arguments that increased legalization across the US will influence driver safety. With just 30% of Americans currently saying that an increase in legal marijuana would make driving a lot less safe, and 50% saying it will not make much difference, the pro-legalization forces may have an advantage." Click on the link for more details and methodological notes.

Alaska Marijuana Industry Trade Group Forms. The Alaska Marijuana Industry Association formally announced its existence Thursday at an Anchorage press conference. The nonprofit group intends to represent marijuana business owners in the state, once those businesses are licensed.

Medical Marijuana

Federal Appeals Court Rules Dispensaries Can't Deduct Business Expenses. The 9th US Circuit Court of Appeals has ruled that they can't take the deductions because their product is prohibited under federal law. The ruling came in the case of the embattled Vapor Room dispensary, whose owner had claimed $650,000 in business expenses in 2004 and 2005. The IRS balked, and now the appeals court has sided with the IRS.

Florida CBD Cannabis Oil Grow Program Gets 24 Applicants. Some 24 commercial plant nurseries have applied for state licenses to grow marijuana and produce CBD cannabis oil to treat epilepsy and other medical conditions. The state is divided into five regions, and only one license will be awarded for each region.

New York Medical Marijuana Program Gets 43 Applicants. Nearly four dozen companies have applied for licenses to grow and distribute medical marijuana under a program approved by Gov. Andrew Cuomo (D). The state Department of Health is expected to decide which applicants will get licenses sometime within the next couple of weeks.


Connecticut Governor Signs Drug Sentencing Reform Bill. Gov. Dannel Malloy (D) signed into law his "Second Chance Society" legislation, which eliminates mandatory minimum sentences for small-time drug possession and caps those sentences at one year. The measure also speeds up the pardon and parole process for nonviolent offenders. About 500 people are estimated to be imprisoned in the state solely for drug possession.

Chronicle AM: Forfeiture Reform Moves in MI, Fails in TX; NH Decrim Bill Fails; LA MedMJ Advances, More (6/5/15)

No decrim for New Hampshire, but maybe for Miami; a pair of Colorado congressmen file a federal marijuana-impaired driving bill that would require science-based policies, Louisiana is about to become the first Southern state with medical marijuana dispensaries, and more.

Miami-Dade cops are tired of arresting people for this. (horsma hampuforum/wikimedia.org)
Marijuana Policy

Federal Marijuana Impaired Driving Bill Filed. US Reps. Jared Polis (D-CO) and Ed Perlmutter (D-CO) this week introduced the Limiting Unsafe Cannabis-Impaired Driving (LUCID) Act. "If passed, the law would include marijuana in the federal definition of impaired driving; it would make access to federal highway funding in states that have legalized recreational or medical marijuana contingent upon those states having laws against marijuana-impaired driving and methods for enforcing them; and it would mandate that the National Highway Traffic Safety Administration (NTHSA) do the necessary testing and research on marijuana and driving to help states determine the most effective means of enforcement," the representatives said.

New Hampshire Senate Blocks Decriminalization Bill. The state Senate Thursday killed a decriminalization bill, even rejecting a last-minute compromise amendment to House Bill 618. The measure had overwhelmingly passed the House in March. Now, instead of a ticket and a fine, people caught with small amounts of pot in the state still face a misdemeanor charge punishable by up to a year in jail.

Miami-Dade Police Brass Support Local Decriminalization Move. Miami's top cops are getting behind a plan to make small-time marijuana possession an offense that could bring a $100 fine instead of a criminal charge. Under the plan, people possessing up to 20 grams would be hit with a civil citation instead of being arrested and jailed.

Medical Marijuana

Louisiana House Approves Medical Marijuana Bill; Only Senate Clean-Up Vote Remains. The House Thursday approved Senate Bill 143, which would allow for the use of non-smoked marijuana for medical reasons and which would set up a system of 10 dispensaries statewide. The bill has already passed the Senate, but now returns there for a final vote after the house amended the bill. Gov. Bobby Jindal (R) has said he will sign the bill.

Asset Forfeiture

Michigan House Passes Asset Forfeiture Reform Package. The House Thursday approved a bipartisan eight-bill package aimed at reining in law enforcement seizures of property without a criminal conviction. One bill would ban police from seizing the vehicle of someone trying to buy less than an ounce of pot, five bills would increase reporting requirements, while two bills would raise evidentiary standards in drug and public nuisance cases, making it easier for someone to get his property back if not charged with a crime. The package now goes to the state Senate.

Texas Civil Asset Forfeiture Reform Bill Dies. The legislative session in Austin has ended without a bill to end civil asset forfeiture ever getting a House floor vote. House Bill 3171 was snuffed out by law enforcement opposition and never made it out of the State Affairs Committee.

Medical Marijuana Update

The House tells the DEA to stay out of medical marijuana states, California and Oregon move toward regulating medical marijuana grows, CBC cannabis oil bills and programs make progress, and more.

This article contains a correction to the original version, in the Minnesota subsection.


On Wednesday, the House voted to bar the DEA from interfering in states with CBD cannabis oil and medical marijuana laws. The moves were part of a broader assault on the DEA in the House. Click on the link for more information.


Last Tuesday, the state Supreme Court agreed to review DUID immunity for patients. The court agreed to review a state Court of Appeals ruling issued last November that said medical marijuana patients can still be prosecuted under laws against drugged driving. Arizona has a zero tolerance per se DUID law under which all that is necessary to convict if the presence of inactive metabolites in the blood.


On Monday, a medical marijuana regulation bill won a committee vote. The Assembly Appropriations Committee has approved a compromise regulation bill that combines features of two competing bills, Assembly Bill 34 and Assembly Bill 266. The bill would create a Governor's Office of Medical Marijuana Regulation, with three divisions. The Agriculture Department would handle cultivation, the Public Health Department would handle product safety and labeling, and the Board of Equalization would be responsible for licensing. The compromise bill is AB 266. A floor vote is expected later this week.


Last Wednesday, a state judge cleared the way for the CBD cannabis oil program.A judge in Tallahassee dismissed the final challenge to the state's CBD cannabis oil law passed last year, clearing the way for the long-delayed program to actually get underway. Now, growers should be able to provide CBD cannabis oils to patients within a few months.


Last Saturday, a bill to add PTSD to the list of qualifying conditions moved ahead. The House last Saturday approved a bill that would add PTSD to the list of qualifying medical conditions. The bill has already been approved by the Senate, but will have to go back there for approval after the House added language clarifying that patients are not prohibited from having a state firearms owner ID card.


As of Monday, the CBD cannabis oil program is taking registrants. Patients can sign up for the state's CBD cannabis oil program, which will go into effect July 1. The state estimates that some 5,000 people will sign up.

[Ed: The initial version of this article initially described the Minnesota program erroneously as involving "CBD cannabis oil." While the program has limits including not allowing smoked or edible marijuana, it does not specify THC vs. CBD content.]


On Saturday, a medical marijuana initiative campaign get underway. Hundreds of people showed up at the state capitol for the launch of a medical marijuana initiative campaign led by Oklahomans for Health.


Last Friday, the Senate passed a bill restricting medical marijuana growers. The state Senate voted overwhelmingly to approve a bill widely opposed by patients and growers that limits the number of plants caregivers could grow. The measure, Senate Bill 964, also requires regular reporting by growers and allows localities to prohibit dispensaries.

South Carolina

Last Friday, the medical marijuana bill was pronounced dead for the year. A bill that would have allowed for the use of medical marijuana is dead in the state legislature this year, senators said. Senate Bill 672, sponsored by Sen. Tom Davis (R-Beaufort), will, however, get more hearings before the legislature begins the second year of its two-year session in January.


On Monday, the CBD cannabis oil bill was signed into law. Gov. Greg Abbott (R) Monday signed into law the CBD cannabis oil bill, Senate Bill 339, which allows the use of the oil for treating severe forms of epilepsy. Texas is now the 15th state to allow the use of CBD cannabis oils.

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

Chronicle AM: CA MedMJ Reg Bill Moves, IL Heroin Bill Passes House, Brits to Ban Legal Highs, More (6/1/15)

California could finally end up with statewide medical marijuana regulation as a compromise bill moves, asset forfeiture reform is moving in Michigan, an omnibus heroin bill moves in Illinois, and more.

Illinois is the latest state to try to legislate a response to heroin. (wikimedia.org)
Marijuana Policy

Maine Legalization Bill Rejected in Committee. The Criminal Justice Committee last Thursday rejected Rep. Diane Russell's legalization bill, LD 1380, but the bill is not yet dead, and supporters say the real battle will be on the House floor. Stay tuned.

Medical Marijuana

California Medical Marijuana Regulation Bill Wins Committee Vote. The Assembly Appropriations Committee has approved a compromise regulation bill that combines features of two competing bills, Assembly Bill 34 and Assembly Bill 266. The bill would create a Governor's Office of Medical Marijuana Regulation, with three divisions. The Agriculture Department would handle cultivation, the Public Health Department would handle product safety and labeling, and the Board of Equalization would be responsible for licensing. The compromise bill is AB 266. A floor vote is expected later this week.

Illinois Bill to Add PTSD Moves Ahead. The House last Saturday approved a bill that would add PTSD to the list of qualifying medical conditions. The bill has already been approved by the Senate, but will have to go back there for approval after the House added language clarifying that patients are not prohibited from having a state firearms owner ID card.

Oklahoma Initiative Campaign Began Saturday. Hundreds of people showed up at the state capitol Saturday for the launch of a medical marijuana initiative campaign led by Oklahomans for Health.


Illinois Heroin Bill Passes House. The House last week approved House Bill 1, a comprehensive bill aimed at combating heroin use. Sponsored by Rep. Lou Lang (D-Skokie), the bill would expand access to the opiate overdose reversal drug naloxone, establish a prescription drug return program, expand Medicaid services to include rehabilitation, and expand the use of drug courts for people charged with simple possession. The bill now goes to the state Senate.

Asset Forfeiture

Michigan House Committee Approves Asset Forfeiture Reform Package. The House Judiciary Committee has passed a package of bills aimed at reforming the state's asset forfeiture laws. The package raises the standard of proof before goods can be seized and mandates increased reporting of seizures by law enforcement agencies. One of the bills would bar asset forfeiture in cases involving less than an ounce of pot.

Drug Testing

California Assembly Committee Rejects Uber Driver Drug Testing Bill. The Appropriations Committee has voted down Assembly Bill 24, which would have required drug testing of Uber and Lyft drivers.

Law Enforcement

Silk Road Mastermind Gets Life in Prison. Ross Ulbricht, founder of the Dark Web's first widely-known drug sales website, was sentenced to life in prison Thursday, the harshest possible sentence he faced. With no chance at parole, Ulbricht will die in prison unless his sentence is overturned.


British Ban on Psychoactive Substances Could Cripple Brain Research. Last week, the British government announced it would ban all unregulated psychoactive substances via a new act, the Psychoactive Substances Bill, but some scientists are now saying the bill would cripple research on the brain. The bill would ban laughing gas, salvia, "poppers," and synthetic cannabinoids, among other things. Dr. David Nutt, the former top drug advisor to the government, said that such efforts could bring some areas of scientific research to a standstill. "It's going to end brain research in this country. It will be disastrous," he said.

British Lib Dem Leadership Candidate Says Legalize Marijuana. Norman Lamb, who is seeking to lead the Liberal Democrats after their poor showing in the last election, is calling for Britain to legalize, tax, and regulate marijuana commerce. Lamb said he is seeking immediate legalization for medical use and a swift, evidence-based policy change regarding recreational use.

Chronicle AM: ME Pot DUID Bill Dies, SC MedMJ Bill Dies, OR Senate Restricts MedMJ Grows, More (5/28/15)

The Maine legislature kills a pot DUID bill, the Arizona Supreme Court will take up the issue, Florida's CBD cannabis oil program will finally roll out, the Dutch crack down on grow shops, Australia's Greens want to ban drug dogs, and more.

Marijuana and driving remains a contentious issue. (flickr.com)
Marijuana Policy

Maine Marijuana DUID Bill Stalls in Legislature. An effort to pass a per se marijuana impaired driving law has stalled in the legislature after experts said that, given the state of the science, any specified limit would be "arbitrary." Under per se impaired driving laws, merely testing positive for the specified amount is sufficient to get you convicted of drugged driving. The legislature's Criminal Justice and Public Safety Committee voted Tuesday not to advance LD 1320, but instead to convene a working group to study the issue.

Medical Marijuana

Arizona Supreme Court Will Review Ruling on DUID Immunity for Patients. The Supreme Court Tuesday agreed to review a state Court of Appeals ruling issued last November that said medical marijuana patients can still be prosecuted under laws against drugged driving. Arizona has a zero tolerance per se DUID law under which all that is necessary to convict if the presence of inactive metabolites in the blood.

Florida Judge Clears Way for CBD Cannabis Oil Program. A judge in Tallahassee Wednesday dismissed the final challenge to the state's CBD cannabis oil law passed last year, clearing the way for the long-delayed program to actual get underway. Now, growers should be able to provide CBD cannabis oils to patients within a few months.

Oregon Senate Passes Bill Restricting Medical Marijuana Grows. The state Senate voted overwhelmingly to approve a bill widely opposed by patients and growers that limits the number of plants caregivers could grow. The measure, Senate Bill 964, also requires regular reporting by growers and allows localities to prohibit dispensaries.

South Carolina Medical Marijuana Bill Dead for This Year. A bill that would have allowed for the use of medical marijuana is dead in the state legislature this year, senators said. Senate Bill 672, sponsored by Sen. Tom Davis (R-Beaufort), will, however, get more hearings before the legislature begins the second year of its two-year session in January.


Dutch Police in Massive Raid on Grow Shops. Dutch police enforcing a new law cracking down on people aiding or promoting illicit marijuana cultivation raided 27 grow shops across the country Tuesday, arresting 11 people. Under the new law, it is now illegal to deliberately supply equipment for illicit marijuana cultivation. Violators face up to three years in prison.

Australia Greens File Bill to Ban Drug Dogs from Festivals. The Greens have filed a bill to end the use of drug-sniffing dogs at music festivals, bars, on public transport, and in Sydney's Kings Cross neighborhood. The bill is part of a broader Green campaign against the use of drug dogs. The Greens say the drug dogs program doesn't work, but does subject thousands of young people to humiliating searches. The Greens also argue that the dogs program doesn't target major suppliers, but people carrying small amounts of drugs for personal use.

Chronicle AM: AZ AG Lets Officials Flout Election Laws, MT Gov Signs Forfeiture Reform Bill, More (5/6/15)

Lots of marijuana policy at the statehouse today, a Texas CBD cannabis oil bill moves, Montana's governor signs asset forfeiture reform into law, Vermont heads in the opposite direction on asset forfeiture, and more.

The pro-legalization billboard that went up in Providence this week.
Marijuana Policy

Arizona Attorney General Says Elected Officials Can Campaign Against Legalization. Attorney General Mark Brnovich (R) says elected officials can engage in "public education campaigns" against looming marijuana legalization initiatives as long as they don't go as far as telling voters not to vote for them. That's an idiosyncratic interpretation of the state's electioneering laws, and the Marijuana Policy Project, which is backing an initiative there, is threatening to sue.

Iowa Senate Approves Marijuana Bill With Multiple Provisions. The Senate voted Tuesday to approve a bill originally designed to go after synthetic drugs, but which was amended to lessen penalties for possession of five grams or less and to reclassify marijuana from Class I to Class 2. The bill, House File 567, already passed the House, but has to go back for members to vote on the changes made in the Senate.

Louisiana Bill to Lessen Marijuana Penalties Moves. A bill that would decrease maximum sentences for repeat marijuana possession offenders was approved by the House Administration of Criminal Justice Committee today. House Bill 149, from Rep. Austin Badon (D-New Orleans) would make a second offense punishable by only two years in prison instead of five and a third offense punishable by only five years instead of 20. Passage of the bill would move Louisiana's marijuana sentencing from the insanely draconian to the merely harshly draconian. It now heads to the House floor.

Rhode Island House Approves Bill to Bar Disclosure of Minor Marijuana Offenses. With no debate, the House voted 67-1 Tuesday to bar the public disclosure of the names of people who had been busted only once or twice for marijuana possession. The move addressed two conflicting provisions of the state's 2012 decriminalization law, one of which said records would be sealed 18 months after the payment of fines and another of which said they were to stay sealed.

East Lansing, MI, Votes to Legalize Marijuana. Voters there approved a local legalization initiative with 65% of the vote. The initiative legalizes up to an ounce for people 21 and over on private property. It also allows for the transfer of up to an ounce. Marijuana possession remains illegal under state law.

Rhode Island Activists Put Up Billboard. As the legislature contemplates legalization, Regulate Rhode Island has unveiled a billboard aimed at getting solons' attention and showing them legalization could bring jobs and cash to the state.

Medical Marijuana

Texas CBD Cannabis Oil Bills Move. Bills that would allow people suffering from epilepsy to use CBD cannabis oil won committee votes in both chambers Monday. Senate Bill 339 passed out of the Senate Committee on Health and Human Services on an 8-1 vote, while its companion measure, House Bill 892, was approved by the House Public Health Committee, also on an 8-1 vote. A Senate floor vote come could next week.

Asset Forfeiture

Montana Governor Signs Civil Asset Forfeiture Reform Bill. Gov. Steve Bullock (D) Tuesday signed into law HB 463, which would require police to win a conviction before undertaking asset forfeiture proceedings. It also raises the bar for seizures, requiring police to show "clear and convincing evidence" that the property was not legally obtained. Civil asset forfeiture reform has also become law this year in New Mexico.

Vermont House Approves Bill Making Asset Forfeiture Easier. Going against the asset forfeiture reform grain, the House Tuesday gave preliminary approval to a bill that makes it easier for prosecutors to seize the assets of those involved in drug crimes. The bill is S.102 and is supported by law enforcement. The bill was set for a third reading today, and if approved, it would go back to the Senate for approval of changes, or the Senate could call for a conference committee.

Drug Testing

California Roadside Drug Testing Bill Killed. A bill that would have let police use a device similar to a breathalyzer to test drivers for the presence of drugs died in the Assembly Public Safety Committee Tuesday. The bill, Assembly Bill 1356, was supported by law enforcement, but opposed by defense attorneys and the Drug Policy Alliance.

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