State & Local Legislatures

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Chronicle AM: Fatal Heroin ODs Quadrupled in Five Years, Trump MJ Threat Pushback, More... (2/27/17)

Fatal heroin overdoses have quadrupled in five years, elected officials in legal marijuana states push back on Trump threats, Philly civil asset forfeiture lawsuit wins class action status, and more.

Truth in advertising? Branded heroin seized by the New Jersey State Police.
Marijuana Policy

Elected Officials From Legal Marijuana States Slam Notion of Crackdown. White House press secretary Sean Spicer's announcement last Thursday that the Trump administration was thinking of going after legal marijuana continues to generate sharp pushback. On Sunday, Colorado Gov. John Hickenlooper (D) said now was "the wrong time to pull back" and that a federal crackdown would create "a level of conflict that's going to be very difficult." Meanwhile, Oregon Sen. Ron Wyden (D) called on the administration to "respect the decisions of Oregon voters."

Michigan Legalization Initiative a Compromise Effort, Draft Language Now Available. A number of Michigan marijuana legalization stakeholders have come together to create a draft of a proposed 2018 initiative. The draft includes a 12-plant personal cultivation limit, would limit initial business licenses to existing medical marijuana businesses, and would include "microbusiness" licenses for small commercial grows, among other provisions. The effort is being led by the Marijuana Policy Project, which has been consulting with MINORML, MILegalize 2018 (the folks behind a 2016 effort that came up just short on signature gathering), the Michigan Cannabis Coalition, the Michigan ACLU and others. MPP hopes to have a final draft to present to state officials by late April.

Virginia Legislature Approves Bill to End Driver License Suspensions for First-Time Marijuana Possession. The General Assembly passed House Bill 2051 last Friday. Under the bill, first-time pot possession offenders will not have their licenses automatically suspended for six month. Instead, a judge has the option of ordering them to do 100 hours of community service. Minors would still see their licenses automatically suspended, as would people caught indulging while driving. The bill now goes to the desk of Gov. Terry McAuliffe (D).

Medical Marijuana

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

Heroin and Prescription Opioids

Fatal Heroin Overdoses Quadrupled in Five Years. A report from the Centers for Disease Control and Prevention (CDC) finds that fatal heroin overdoses jumped from 3,000 in 2010 to more than 12,000 in 2015, a four-fold increase. Heroin killed slightly more people than prescription opioids. The highest drug overdose death rates were in West Virginia, New Hampshire, Kentucky, and Ohio, the study found.

Asset Forfeiture

Lawsuit Challenging Philadelphia Civil Asset Forfeitures Wins Class Status. A federal judge has granted class certification to plaintiffs suing the city of Philadelphia over its civil asset forfeiture program. The plaintiffs are arguing that the program creates an unconstitutional conflict of interest for law enforcement agencies, and the granting of class certification "means that the four named plaintiffs can officially represent the tens of thousands of property owners with asset that have been seized in the past five years," said Institute for Justice attorney Darpana Sheth, who is representing the plaintiffs. Philadelphia prosecutors have filed more than 20,000 civil forfeiture actions since April 2012, the beginning date for the lawsuit.

Chronicle AM: Legal MJ Industry Reacts to Spicer Threat, VA Needle Exchange, More... (2/24/17)

The uproar is deafening in the wake of White House press secretary Sean Spicer's hint Thursday that Trump could crack down on legal weed, Virginia's governor signs a needle exchange bill into law, the Arizona House unanimously passes asset forfeiture reform, and more.

Needle exchange programs are coming to Virginia under a new law just signed by the governor. (Creative Commons/Wikimedia)
Marijuana Policy

Marijuana Industry, Advocates React to Spicer Threat. White House press secretary Sean Spicer's statement Thursday that he expects the Justice Department to crack down on recreational marijuana in states where it is legal has excited a firestorm in the industry and among advocates. "To have Mr. Spicer say in one sentence that they're a states' rights administration and in the very next sentence say they're going to crack down... it just defies logic," said Robert Capecchi, director of federal policies for the Marijuana Policy Project, an organization that lobbies for pot-friendly changes to drug-related legislation. Click on the link for more reaction.

Medical Marijuana

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

Asset Forfeiture

Arizona House Unanimously Passes Asset Forfeiture Reform Bill. The House voted unanimously Thursday to approve House Bill 2477, which sets a higher evidentiary standard for prosecutors to overcome before they can seize cash or property under civil asset forfeiture. Currently, prosecutors need prove only "a preponderance of the evidence," but under this bill, they would have to provide "clear and convincing evidence" the property or cash was linked to a crime. The bill doesn't abolish civil asset forfeiture, but does tighten it. It would also bar prosecutors from doing an end-run around state laws by passing cases off to the feds. The bill now heads to the Senate.

Harm Reduction

Virginia Governor Signs Needle Exchange Bill. Gov. Terry McAuliffe (D) has signed into law House Bill 2317, which authorizes the state health commissioner to establish and operate needle exchange programs after declaring a public health emergency. Health Commissioner Dr. Marissa Levine and Gov. McAuliffe declared that emergency last year.

International

Bolivian Congress Approves Near Doubling of Legal Coca Cultivation.The lower house approved a bill Thursday that would nearly double the amount of land allowed for legal coca cultivation, and the Senate approved it Friday. The bill would allow farmers to plant up to about 50,000 acres with coca, up dramatically from the 30,000 acres currently allowed. Even that new, higher limit was too much for some coca farmers, who want no limits, and clashed violently with police earlier this week.

Chronicle AM: Quinnipiac Poll Has 59% for Legalization, Trump Could Kill ONDCP, More... (2/23/17)

Yet another national poll has a strong marjority for marijuana legalization, Trump administration cost-cutters eye the drug czar's office, Arizona pot legalizers refine their 2018 initiative, and more.

Going, going, gone?
Marijuana Policy

Quinnipiac Poll Has Support for Legalization at 59%. A new Quinnipiac poll has support for marijuana legalization nationwide at 59%, with an even larger number -- 71% -- saying the federal government should respect state marijuana laws. The poll also finds support for medical marijuana at stratospheric levels, with 93% in support.

Arizona Initiative Campaign Refines Its Proposal. Safer Arizona has refiled its marijuana legalization initiative after receiving criticism of some parts of it after it was originally filed last week. The new version adds a mandatory 1,000-foot buffer between schools and marijuana operations, makes it a crime -- not a civil offense -- to sell marijuana to minors, makes possession by minors a crime, but with only a $50 civil fine for a first offense, and allows local authorities to impose "reasonable zoning restrictions." The initiative needs 150,000 valid voter signatures by July to qualify for the 2018 ballot.

Wyoming Marijuana Edibles Penalties Bill Gets Tightened. A bill that originally created a tiered penalty system for both marijuana and marijuana edibles earlier had its provisions relating to marijuana removed, and now a Senate committee has further tightened the bill to make possession of more than three grams of edibles a felony and has increased the period for which past offenses would be considered from five years to 10 years. The committee taking a hatchet to House Bill 197 is the Senate Judiciary Committee. The bill had passed the House largely intact.

Medical Marijuana

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

Drug Policy

Trump Considers Eliminating ONDCP, the Drug Czar's Office. The White House Office of Management and Budget has proposed cutting nine government programs, including the Office of National Drug Control Policy (ONDCP -- the drug czar's office). Unsurprisingly, the move is generating pushback from law enforcement, the drug treatment complex, and some legislators. Stay tuned.

Drug Testing

Arkansas Welfare Drug Testing Bill Passes House. A bill that would make permanent a pilot program requiring people seeking help from the Temporary Assistance for Needy Families (TANF) program to undergo drug screening and drug testing if deemed likely to be using drugs has passed the House. Senate Bill 123 has already passed the Senate, but now goes back for a housekeeping vote before heading to the governor's desk. The bill passed even though state Health Department officials testified that only two people had actually failed the drug test under the pilot program.

International

Edmonton Awaits Approval of Safe Injection Sites from Canadian Government. The province of Alberta and the city of Edmonton are ready to move ahead with safe injection sites and are now awaiting federal government approval. Local officials unveiled the locations of the proposed sites Wednesday. Last year, the Alberta government announced it would seek a federal exemption to set up "medically supervised injection services," and now it awaits action from the Liberal government in Ottawa.

Medical Marijuana Update

Medical marijuana is keeping Arkansas legislators and regulators busy, Kentucky and West Virginia see full-fledged medical marijuana bills filed, a CBD cannabis oil bill heads to the governor's desk in Indiana, and more.

Arkansas

Last Thursday, the House approved a bill banning military members from becoming registered caregivers. The body approved House Bill 1451. Bill sponsor Rep. Douglas House (R-North Little Rock) said federal law prevents military members from acting in that capacity. The measure now goes to the Senate.

Also last Thursday, a bill that would ban smoking medical marijuana was introduced. State Sen. Jason Rapert (R-Conway) filed Senate Bill 357, which would make it illegal to consume medical marijuana by smoking it. The bill also removes a provision in the current law that bars landlords from prohibiting the use of non-smoked medical marijuana, leaving renters wondering if landlords will just bar any use of medical marijuana.

On Sunday, a new poll found support for smoking medical marijuana and not waiting for the feds. A new Talk Business and Politics/Hendrix College poll had 50% in support of allowing medical marijuana to be consumed by smoking, with only 41.5% opposed. A bill to bar the use of smoked medical marijuana is before the legislature. Similarly, 51.5% opposed waiting for the federal government to legalizes medical marijuana, while 42% were in favor.

On Tuesday, a state panel approved new medical marijuana rules. The state Medical Marijuana Commission approved final rules governing how the state's medical marijuana system will be regulated. Next comes a public hearing set for March 31, and then the rules must be approved by the state legislature, which must happen before May 8. After that, the commission will use the rules to determine who gets licenses to grow and sell medical marijuana.

Indiana

On Tuesday, a CBD cannabis oil bill was headed for the governor's desk. The House passed Senate Bill 15 on a 98-0 vote. The Senate had approved the bill last week, so it now goes to the desk of Gov. Eric Holcomb (R). The bill would allow people with epilepsy to use CBD cannabis oil.

Iowa

On Monday, a CBD expansion bill was filed. The state currently allows the possession of CBD cannabis oil for the treatment of epilepsy, but it's illegal to manufacture or distribute it there, rendering the current law unworkable. A bill filed by Public Safety Committee Chair Rep. Clel Baudler (R-Greenfield), House Study Bill 132 seeks to begin to break that impasse by allowing the University of Iowa's Carver School of Medicine to recommend which conditions would qualify for use of CBD cannabis oil. But Baudler said another bill would be necessary to expand access.

Kentucky

Last Friday, a medical marijuana bill was filed. Freshman Rep. John Sims (D-Fleminsburg) has filed a medical marijuana bill, House Bill 411, which would give doctors the ability to recommend medical marijuana for patients. Sims said he saw the bill as a tool for reducing opioid addiction in his state.

North Dakota

On Monday,a funding measure for the medical marijuana system won a Senate committee vote. The Senate Appropriations Committee has approved a funding measure that allocates a little over $1 million to oversee implementation of the state's new voter-approved medical marijuana law. The Health Department told legislators it does not expect any revenue from the program this year, but it should generate $1.3 million in revenues over the next two years and be self-supporting at that point.

South Carolina

On Tuesday, a medical marijuana bill advanced. A House panel voted 3-0 Tuesday to advance House Bill 3128, a full-fledged medical marijuana bill that includes provisions for dispensaries. The bill now goes to the full Medical Military and Municipal Affairs Committee.

West Virginia

On Tuesday, a medical marijuana bill was filed. Sen. Richard Ojeda (D-Logan) and a handful of cosponsors introduced Senate Bill 386. The measure would set up a commission to license medical marijuana growers and regulate distribution of the medicine through dispensaries. It's been sent to the Senate Health and Human Resources Committee.

Wyoming

Last Tuesday, a medical marijuana initiative signature gathering campaign petered out. Medical marijuana will not be on the ballot next year. Organizers of a signature-gathering campaign failed to hand in signatures to the secretary of state's office by the Valentine's Day deadline. Organizers said they will continue to fight to bring medical marijuana to the Cowboy State.

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

Chronicle AM: OR Bill to Bar MJ Drug Tests Before Hiring Gets Rough Reception, More... (2/22/17)

An Oregon effort to protect marijuana using job seekers gets hammered by employers, the Arkansas commission charged with crafting rules and regs for medical marijuana has approved final rules, asset forfeiture reform has passed the North Dakota House, Bolivian coca farmers are unhappy, and more.

Drug testing that discriminates against marijuana users is an issue in pot-legal states. (Wikimedia)
Marijuana Policy

Oregon Bill to Block Employers From Firing Workers for Marijuana Use Gets Rough Reception. A bill that would protect workers from using state-legal marijuana during their off hours ran into a storm of opposition at a hearing Tuesday. Senate Bill 301 would bar employers from refusing to hire workers merely because of a positive test result for pot, but employers complained that the bill would violate federal law and that there is no scientific means of determining whether someone who tests positive is still under the influence. The hearing was before the Senate Judiciary Committee. No vote was taken.

Medical Marijuana

Arkansas Commission Approves Medical Marijuana Rules. The state Medical Marijuana Commission Tuesday approved final rules governing how the state's medical marijuana system will be regulated. Next comes a public hearing set for March 31, and then the rules must be approved by the state legislature, which must happen before May 8. After that, the commission will use the rules to determine who gets licenses to grow and sell medical marijuana.

Indiana CBD Bill Heads for Governor's Desk. The House passed Senate Bill 15 on a 98-0 vote Tuesday. The Senate had approved the bill last week, so it now goes to the desk of Gov. Eric Holcomb (R). The bill would allow people with epilepsy to use CBD cannabis oil.

South Carolina Medical Marijuana Bill Advances. A House panel voted 3-0 Tuesday to advance House Bill 3128, a full-fledged medical marijuana bill that includes provisions for dispensaries. The bill now goes to the full Medical Military and Municipal Affairs Committee.

Asset Forfeiture

North Dakota House Passes Asset Forfeiture Reform Bill. The House voted 50-42 Wednesday to approve House Bill 1170, which would end civil asset forfeiture by requiring a prior criminal conviction before property could be seized, and which would require that any revenues from seizures go to the state's general fund instead of to law enforcement. The measure now heads to the Senate.

International

Bolivian Coca Farmers Clash With Police Over Cultivation Limits. Angry coca farmers threw rocks, fireworks, and sticks of dynamite as they clashed with police outside the Palacio Quemado, the seat of government and official residence of President Evo Morales in La Paz. That was the second day of clashes sparked by the government's move to limit coca cultivation to 50,000 acres. The government says local demand only requires about 40,000 acres, but the farmers say that figure is too low.

Chronicle AM: Dutch Move on Legal MJ Grows, Marijuana in TX Poll for Legalization, More... (2/21/17)

The Dutch are finally doing something to address their "back door" problem of lack of legal supply for the country's pot shops, a new Texas poll has majority support for legalization, a Vermont pot legalization bill gets a hearing later this week, and more.

Marijuana Policy

California Bill Would Block Police, Local Officials From Helping Any Federal Crackdown on Weed. Assemblyman Reggie Jones (D-Los Angeles) and five cosponsors filed Assembly Bill 1578 last Friday in response to the election of Donald Trump. The bill would bar the use of state funds, property, or equipment to "investigate, detain, detect, report, or arrest" anyone who is acting in accordance with the state's medical and recreational marijuana laws.

Texas Poll Has Majority Support for Legalization. A new University of Texas/Texas Tribune poll has support for legalized marijuana at 53%, with another 30% saying it should be legal only for medical purposes. Meanwhile, the number of people who oppose any form of legalization has dropped to 16%. "The number of people who want to keep marijuana completely illegal decreased by seven points," said poll co-director Jim Henson. "The commensurate shift is in Republicans saying small amounts should be legal, and those who said any amount should be legal increased by six points. The other thing that may be going on here is the possible disappearance of the medium ground. It reminds me of what happened with gay marriage, where people often chose the civil union option. A similar thing is happening with medical marijuana as a kind of way station."

Vermont Legalization Bill Gets Hearing This Week. The House Judiciary Committee will hear testimony Thursday on House Bill 170, which would legalize the possession of up to two ounces of pot and the cultivation of two mature and seven immature pot plants, but does not allow for legal marijuana commerce. A broader legalization bill was defeated last year.

Medical Marijuana

Arkansas Poll Finds Support for Smoking Medical Marijuana, Not Waiting for Feds. A new Talk Business and Politics/Hendrix College poll had 50% in support of allowing medical marijuana to be consumed by smoking, with only 41.5% opposed. A bill to bar the use of smoked medical marijuana is before the legislature. Similarly, 51.5% opposed waiting for the federal government to legalizes medical marijuana, while 42% were in favor.

Iowa CBD Expansion Bill Filed. The state currently allows the possession of CBD cannabis oil for the treatment of epilepsy, but it's illegal to manufacture or distribute it there, rendering the current law unworkable. A bill filed Monday by Public Safety Committee Chair Rep. Clel Baudler (R-Greenfield), House Study Bill 132 seeks to begin to break that impasse by allowing the University of Iowa's Carver School of Medicine to recommend which conditions would qualify for use of CBD cannabis oil. But Baudler said another bill would be necessary to expand access.

North Dakota Senate Committee Approves Medical Marijuana Funding. The Senate Appropriations Committee has approved a funding measure that allocates a little over $1 million to oversee implementation of the state's new voter-approved medical marijuana law. The Health Department told legislators it does not expect any revenue from the program this year, but it should generate $1.3 million in revenues over the next two years and be self-supporting at that point.

West Virginia Medical Marijuana Bill Filed. Sen. Richard Ojeda (D-Logan) and a handful of cosponsors introduced Senate Bill 386 Tuesday. The measure would set up a commission to license medical marijuana growers and regulate distribution of the medicine through dispensaries. It's been sent to the Senate Health and Human Resources Committee.

Drug Testing

Kentucky Bill Would Require Welfare Drug Testing. Rep. C. Wesley Morgan (R-Richmond) filed House Bill 528 last Friday. The measure require people seeking public assistance to be screened for possible drug use, with those deemed suspect required to take and pass a drug test.

International

Dutch Parliament Lower Chamber Votes to Approve Legal Marijuana Cultivation. Three decades after the Dutch allowed for the operation of cannabis cafes, the government is finally moving to allow a legal supply for them. The lower chamber of parliament narrowly approved a bill to allow for legal commercial marijuana Tuesday, but it must still pass the Senate.

Chronicle AM: Trump Could Cut Drug Czar Office, Thousands Protest Duterte's Drug War, More... (2/20/17)

The drug czar's office could be on Trump's chopping block, asset forfeiture reform advances in two states, a Washington state legislator tries to sic the Justice Department on Seattle, and more.

Marijuana Policy

California Bill to Protect Kids From Weed Would Allow Cops to Inspect Pot Businesses. Assemblyman Adam Gray (D-Merced) has filed Assembly Bill 729, which he said is aimed at putting "safeguards in place" to keep marijuana out of the hands of children. Among its provisions are allowing law enforcement to enter and conduct inspections of pot businesses, requiring retailers to "maintain an unobstructed view for law enforcement into their establishment," and allowing underage sting operations aimed at retailers.

Colorado Bill Would Allow Home Delivery of Weed. A bill filed last week would allow for the home delivery of recreational and medical marijuana. Senate Bill 192 is modeled after Oregon's newly launched home delivery regulations. "This hopefully solves some of the problems as it relates to people concerned about marijuana DUIs or sick patients who don't have access to dispensaries," said lead cosponsor Rep. Jonathan Singer (D-Longmont).

Medical Marijuana

Arkansas House Approves Bill Banning Military Members from Becoming Registered Caregivers. The body approved House Bill 1451 last Thursday. Bill sponsor Rep. Douglas House (R-North Little Rock) said federal law prevents military members from acting in that capacity. The measure now goes to the Senate.

Arkansas Bill Would Ban Smoking Medical Marijuana. State Sen. Jason Rapert (R-Conway) last Thursday filed Senate Bill 357, which would make it illegal to consume medical marijuana by smoking it. The bill also removes a provision in the current law that bars landlords from prohibiting the use of non-smoked medical marijuana, leaving renters wondering if landlords will just bar any use of medical marijuana.

Kentucky Medical Marijuana Bill Filed. Freshman Rep. John Sims (D-Fleminsburg) has filed a medical marijuana bill, House Bill 411, which would give doctors the ability to recommend medical marijuana for patients. Sims said he saw the bill as a tool for reducing opioid addiction in his state.

Wyoming Medical Marijuana Initiative Campaign Ends. Medical marijuana will not be on the ballot next year. Organizers of a signature-gathering campaign failed to hand in signatures to the secretary of state's office by the Valentine's Day deadline. Organizers said they will continue to fight to bring medical marijuana to the Cowboy State.

Asset Forfeiture

Federal Bill Would Use Seized Cartel Assets to Build Border Wall. Rep. James Sensenbrenner (R-WI) has filed House Resolution 1067, which would order the Justice Department to issue a report on Mexican drug trafficking organization profits and how the DOJ could "increase assets seized by such cartels" to build President Trump's promised border wall. He's even got a name for the bill that creates a nifty acronym: the "Build Up Illegal Line Defense With Assets Lawfully Lifted (BUILD WALL) Act of 2017.

Arizona Asset Forfeiture Reform Bill Advances. A bill that would require prosecutors to set a higher evidentiary standard -- from "preponderance of the evidence" to "clear and convincing evidence" -- is advancing in the House. House Bill 2477 cleared the Federalism, Property Rights & Public Policy by a 9-0 vote last Tuesday, and passed the Judiciary and Public Safety Committee by the same margin last Wednesday.

North Dakota Asset Forfeiture Reform Bill Advances. A bill that would end civil forfeiture in most cases has passed the House Judiciary Committee. House Bill 1170 now heads for a House floor vote.

Drug Policy

White House Could Cut Funding for Drug Czar's Office. The New York Times reported last Friday that the Office of National Drug Control Policy (ONDCP -- the drug czar's office) is on an Office of Management and Budget "hit list" of programs that could be eliminated to reduce federal spending.

Harm Reduction

Washington State Republican Asks Justice Department to Block Seattle Safe Injection Sites. State Sen. Mark Miiloscia (R-Federal Way) has sent a letter to Attorney General Jeff Sessions asking him to block Seattle and King County from opening supervised injection sites for drug users. An avowed opponent of the harm reduction measure, Miloscia has already authored a bill in the legislature to block it.

International

More Than a Dozen Dead in Mexico Border Town Shoot-Outs. More prohibition-related violence broke out in Reynosa over the weekend, with at least 13 people killed in gun battles between cartel members and in fighting between authorities and the cartels.

Thousands March in Manila Against Duterte's Drug War. Thousands of Filipino Catholics gathered in Manila Sunday in a "show of force" to protest extrajudicial killings carried out in the name of President Rodrigo Duterte's drug war. Organizers estimated the crowd at 20,000, the largest rally yet against the mass killings.

Chronicle AM: AL Bill Has Mandatory Life w/o Parole for Possessing Ounce of Fentanyl, More... (2/17/17)

The Alabama legislature ponders harsh drug sentences not seen since the last century, decriminalization is picking up some support in Texas, China announces scheduling controls on fentanyl, and more.

An Alabama bill would make possession of as little as an ounce of fentanyl a mandatory life sentence without parole.
Marijuana Policy

Cannabis, Drug Policy Reform Advocates Commend Congressional Members on Formation of Congressional Cannabis Caucus. In a joint statement Thursday, major marijuana and drug reform groups commended congress members for forming the Congressional Cannabis Caucus, led by Reps. Earl Blumenauer (D-OR), Dana Rohrabacher (R-CA), Jared Polis (D-CO), and Don Young (R-AK). After commending the representatives, the joint statement noted that "the establishment of a Cannabis Caucus will allow members from both parties, who represent diverse constituencies from around the country, to join together for the purpose of advancing sensible cannabis policy reform. It will also facilitate efforts to ease the tension between federal prohibition laws and state laws that regulate cannabis for medical and adult use."

Texas Decriminalization Bill Picks Up Some Support. Law enforcement officials joined House Criminal Jurisprudence Committee Chairman Joe Moody (D-El Paso) at the capitol Thursday to express support for a measure to decriminalize the possession of up to an ounce of weed, House Bill 81. The bill is currently before the committee. Harris County, the state's most populous, just announced plans to institute decriminalization there.

Medical Marijuana

Georgia Senate Passes Medical Marijuana Bill, But Advocates Say It's a Step Backwards. The Senate Thursday approved Senate Bill 16, but advocates said it was a retreat because it lowers the amount of allowable THC in cannabis oil from 7% to 3%. Some senators wanted to reduce it to 1%. The bill now goes to the House, where Rep. Allen Peake (R-Macon), who wrote the original CBD bill, said he hopes to rewrite it to restore the 7% figure.

Utah Medical Marijuana Research Bill Wins Committee Vote. The Senate Health and Human Services Committee voted Thursday to approve House Bill130, which would allow universities in the state to do research on the medicinal effects of marijuana. The bill has already passed the House and now awaits a Senate floor vote.

Hemp

Arizona Industrial Hemp Bill Advances. A bill that would legalize the production and processing of industrial hemp has passed two key committees. Senate Bill 1337 passed the Public Safety Committee on a 6-1 vote Monday and the Appropriations Committee Tuesday on a 10-0 vote. It still needs to go before the Senate Rules Committee before it heads for a floor vote.

Asset Forfeiture

North Dakota Asset Forfeiture Reform Bill Advances. The House Judiciary Committee approved House Bill 1170 on an 11-4 vote Thursday. The bill would require a criminal conviction before property could be seized in most situations and bans prosecutors from circumventing state law by handing cases off to the federal government. The measure now heads for a House floor vote.

Sentencing

Alabama Bills Would Increase Heroin, Fentanyl Sentences. Under bills currently before the state legislature, prison sentences would go up for people who possess or sell heroin and fentanyl. Under one bill, anyone convicted of their possession would face mandatory prison sentences, and under another, Senate Bill 154, people possessing as little as one ounce of fentanyl would face a mandatory sentence of life without parole. The state instituted sentencing reforms several years back; some legislators worry these bills would undo those efforts.

International

China Announces Scheduling Controls of Carfentanil and other Fentanyl Compounds. China announced Thursday that it will begin scheduling controls of four fentanyl-class substances -- carfentanil, furanyl fentanyl, valeryl fentanyl, and acryl fentanyl -- beginning March 1. Chinese pharmaceutical factories have been identified as major producers of the synthetic opioids, which are linked to thousands of drug overdose deaths in the US.

Chronicle AM: House Passes Unemployment Drug Test Bill, Houston Decriminalizes, More... (2/16/17)

The House approves a bill that could open the door to states drug testing people seeking unemployment benefits, harsh sentencing bills advance in Ohio and Kentucky, Houston decriminalizes marijuana possession (in most cases), and more.

The House has approved a bill that would allow states to expand drug testing of people seeking unemployment benefits. (wikimedia
Marijuana Policy

Arizona PAC Plans to File 2018 Legalization Initiative. A political action committee called Safer Arizona was set to file a marijuana legalization initiative with state officials Thursday. Arizona voters narrowly devoted a similar measure last year, but organizers say this one will have some differences, including requiring that people be at least 21 before they can buy it. They will have to gather 150,000 valid voter signatures by July to qualify for the 2018 ballot.

Guam Legalization Bill Gets Hearing. In a hearing Tuesday on a marijuana legalization measure, Bill 8-34, representatives of the judiciary said they took no position on the bill, but cautioned that implementing legalization would require a review of the island territory's entire criminal code. Guam Customs and Quarantine acting chief, Maj. Phillip Taijeron also testified, saying he supported the will of the people. "If the will of the people is to enact Bill 8-34, then I am in support of Bill 8-34," Taijeron said.

New York State Assembly Passes Landmark Legislation to Seal Past Marijuana Possession Convictions. The Assembly voted Tuesday in favor of Assembly Bill 2142, which would seal the criminal records of people who have been unjustly and unconstitutionally arrested for simple possession of marijuana in public view. The vote was 95 in favor and 38 opposed.This sealing legislation has taken on increased importance amid the Trump Administration’s rhetoric and actions targeting immigrant communities. On the national level, simple marijuana possession is the fourth most common cause of deportation, according to the report "Secure Communities and ICE Deportations: A Failed Program?" Sealing records will provide a measure of protection for immigrants by making it difficult or impossible for immigration authorities to meet their legal burden of proof for a judge to find a lawful permanent resident deportable. Additionally, sealing will guard against the Trump administration's Executive Order targeting noncitizens with any criminal arrests and/or convictions for deportation. If the arrest is also sealed and the sealed information is not shared with the FBI, these individuals may be at lower risk of becoming an enforcement target.

Houston to Decriminalize Marijuana Possession. The nation's fourth largest city is ready to decriminalize small-time marijuana possession. As of March 1, under a new "Misdemeanor Marijuana Diversion Program," in most circumstances people caught with an ounce or less will face no jail, no tickets, no court appearances and no criminal record. Houston and surrounding Harris County have spent $200 million prosecuting 100,000 pot possession cases in the past decade, with "no tangible public safety benefit," said District Attorney Kim Ogg (D), who took office this year.

Medical Marijuana

Indiana Senate Passes Limited CBD Bill. A measure that would allow people with epilepsy to use low-THC cannabidiol oil passed the Senate Tuesday. The measure, Senate Bill 15, now moves to the House.

Virginia Republicans Kill CBD Expansion Bill. Patient advocates burst into tears Wednesday night as six House Republicans voted to kill a major expansion of the state's CBD law, which limited its use to people with epilepsy. Senate Bill 1298 would have expanded the law to allow its use for treatment for 13 more conditions, but the bill was killed by a 5-6 party line vote in the subcommittee that writes criminal law.

Asset Forfeiture

Colorado Cops Lobby Hard, Defeat Asset Forfeiture Reform. A proposal to expand oversight of police seizures of property was defeated in a party line vote in a Senate committee Wednesday, with Republicans casting all the "no" votes. The measure, Senate Bill 17-136, would also have prevented law enforcement agencies from turning property over to the federal government to get around state restrictions unless the property was worth more than $50,000. The vote came after a parade of law enforcement officers testified against the bill.

Drug Testing

House Approves Measure Aimed at Expanding Drug Testing of People Who File for Unemployment Assistance. The House approved H.J. Res 42, which would repeal a recently finalized Department of Labor rule that interpreted a 2012 federal law that permits states to drug test people who file for unemployment insurance in certain circumstances. Advocates see the repeal of the Department of Labor rule as a first step by some Republicans in Congress at undoing federal restrictions on states conditioning receipt of unemployment and other forms of public assistance on a drug test. The measure now goes before the Senate.

Sentencing

Kentucky Senate Passes Bill Toughening Penalties for Heroin, Fentanyl Sales. The Senate voted unanimously Thursday to approve a bill increasing penalties for people trafficking even the smallest amounts of heroin and fentanyl. The measure, Senate Bill 14, rolls back sentencing reforms enacted in 2011. Under those reforms, trafficking less than House Bill 4, which reverses a state Supreme Court ruling that only the weight of actual cocaine -- not filler -- be used when imposing stiffer sentences for possession and trafficking. Under the bill, prosecutors would be able to sentence defendants based on the weight of the entire mixture. Under the bill, a pound of powder that contained only a gram of cocaine would be considered a pound of cocaine for sentencing purposes. The bill now moves to the Senate.

Medical Marijuana Update

It's all red state medical marijuana news this week, reflecting the slow spread of acceptance to even the most conservative corners of the country.

Arkansas

Last Wednesday, a batch of medical marijuana "fix" bills were moving. Six medical marijuana-related bills moved out of committees to face floor votes in their respective chambers. The House Rules Committee advanced five bills, while the Senate Education Committee advanced one bill. More bills are still in committee. Many of the bills deal with technical "fixes," but some of them would alter the way the program is intended to work. Click on the link for a complete rundown on the bills.

On Monday, two of the bills passed the House. The House voted to approve two bills authored by Rep. Doug House (R-North Little Rock). They are House Bill 1371, which requires that Arkansans hold 60% ownership interest in pot businesses in the state, and House Bill 1298, which requires that persons, not corporations, hold the licenses. The bills now head to the Senate.

Kansas

Last Wednesday, a medical marijuana bill was filed. State Sen. David Haley (D-Kansas City) has filed Senate Bill 155, which would allow patients with specified diseases or conditions to grow and possess medical marijuana, or have a caregiver grow it for them. The bill also envisions the creation of state regulated and taxed "compassion centers" or dispensaries.

Oklahoma

Last Friday, a medical marijuana bill was filed. State Rep. Eric Proctor (D-Tulsa) has filed a medical marijuana measure, House Bill 1877. The bill would allow the use of medical marijuana for a list of specified illnesses and conditions and is modeled on the successful medical marijuana initiative passed next door in Arkansas in November.

South Dakota

On Tuesday, a CBD bill advanced. The Senate Judiciary Committee voted to approve Senate Bill 95, which would reschedule CBD as a Class 4 drug in the state and remove it from the definition of marijuana under state law. The bill would legalize the possession and use of CBD, but only upon approval by the FDA. That requirement was added in committee.

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

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