State & Local Legislatures

RSS Feed for this category

Chronicle AM: "Baby Bou Bou" Wins $3.6 Million Settlement, Pill Testing Battle Looms Down Under, More... (2/29/16)

Justice at last for Baby Bou Bou, Minneapolis decriminalizes, Ohio lawmakers resort to more drug war, Iran executes all the males in a village for drugs, Australian harm reductionists pledge to open a pill testing center at festivals despite government opposition, and more.

"Baby Bou Bou" before and after a Georgia SWAT team raided his home. (Family photos)
Marijuana Policy

North Dakota Legalization Activists Hand In Revised Initiative. Organizers of a marijuana legalization initiative that was earlier rejected by state officials resubmitted their proposal last Friday. The secretary of state now has about one month to review the petition and draft a summary that could be used during the signature gathering process.

Minneapolis Softens Pot Penalties. The city council voted last Friday to reducing small-time pot possession from a misdemeanor to a petty misdemeanor. Petty misdemeanors are not crimes under state law because they are not punishable by jail time. The move is more symbolic than anything, since pot possession is already a petty misdemeanor under state law.

Medical Marijuana

Georgia House Approves CBD Cannabis Oil Expansion, But Still No Legal Source. The House Monday approved House Bill 722, adding seven new conditions to the list of those qualifying to use CBD cannabis oil. But much to the dismay of bill sponsor Rep. Allen Peake (R-Macon), the bill does not allow for cannabis cultivation in the state. To obtain their medicine, patients must thus resort to violating federal law by importing the medicine. The bill now goes to the Senate.

Maryland House Approves Medical Marijuana Expansion Bill. The House last Friday approved House Bill 104, filed by Del. Dan Morhaim (D-Baltimore County). The bill would allow midwives, nurses, podiatrists, and dentists to certify patients for medical marijuana. The bill has no immediate practical implications because there are not yet any dispensaries open in the state. The bill now heads to the Senate.

New Mexico Reveals Names, Addresses of Medical Marijuana Growers, Sellers. The state Health Department has posted on its website the names and addresses of non-profits licensed to grow and sell medical marijuana in the state. The move is in response to a Freedom of Information Act request in a lawsuit brought by a reporter and a public interest group.

Law Enforcement

Family of Infant Injured in Georgia Drug Raid Wins $3.6 Million Settlement. The family of "Baby Bou Bou" Phonesavanh, who was burned by a flash bang grenade during a misbegotten, failed drug raid in Cornelia in May 2014, has been awarded $3.6 million in damages. No police were charged in the raid, which hit the wrong home. The infant's medical bills are estimated at $1 million. The Georgia county where the raid took place refused to pay them.

Sentencing

Ohio Bill to Heighten Punishments for Drug Dealers is Moving. The measure, House Bill 171, would lower the threshold for labeling someone "a major drug offender" from 250 grams of heroin to 100 grams. It passed the House last year and is currently in Senate committee hearings. The Office of the Ohio Public Defender and the ACLU of Ohio are opposing the measure, arguing that is just another criminalizing response to what should be viewed as a public health and safety issue.

International

Poll Finds Strong Majority of Canadians Support Pot Legalization. A new Globe & Mail poll has support for legalization at 68% nationwide, with majority support (55%) even in the conservative-leaning prairie provinces. Liberal Prime Minister Justin Trudeau has promised to legalize it and has called on former Toronto Police Chief Bill Blair to come up with the best model for legalization. The poll found Canadians split on home cultivation, with 49% in favor and 48% opposed.

Iran Executed Every Adult Male on Drug Charges in One Village. Iranian Vice President for Women and Family Affairs Shahindokht Molaverdi told the semi-official Mehr news agency last week that every adult male drug crimes were rampant in some areas, including "a village in Sistan and Baluchistan province where every single man was executed." Molaverdi pointed to the executions as an example of the government failing to deal with drug trafficking in its southern regions and said Tehran needs to better support the families of those executed. "Their children are potential drug traffickers as they would want to seek revenge and provide money for their families,” she said. "There is no support for these people. We believe if we do not support these people, they will be prone to crime."

Australian Festival Pill Testing Battle Heightens. Harm reductionists seeking to reduce deaths and injury among music festival goers are planning an unsanctioned pill testing scheme and will result to civil disobedience if necessary. The New South Wales government today reaffirmed its opposition to the pill testing pilot project, but activists said they will go ahead with a van staffed with toxicologists and shielded from police by barriers of supporters who will risk arrest to protect the testers from prosecution. The project is still months away from being implemented, though. 

Chronicle AM: VT Senate Votes to Legalize Marijuana, DC Pot Arrests Plummet, More... (2/25/16)

The Vermont Senate passes marijuana legalization, DC enjoys the benefits of legalization, Pennsylvania will finally get a vote on medical marijuana, and more.

Legalization advances at the statehouse in Montpelier. (Wikimedia Commons)
Marijuana Policy

Vermont Senate Votes to Legalize Marijuana. The state Senate today voted 17-12 today to approve a bill that would end marijuana prohibition in the state and replace it will system of taxation and regulation. The vote today was the second Senate vote this week to approve the bill, which will now go to the House for consideration. The measure, Senate Bill 241, would allow people 21 and over to possess up to an ounce of marijuana, but not to grow it after some powerful lawmakers said that provision would be a deal-breaker. Instead, the bill now contains a provision to create a study commission to examine home cultivation and the issue of edibles, which are also not allowed. The bill also envisions a system of tightly regulated commercial marijuana cultivation, testing, and distribution, which would include licensed retail marijuana outlets.

DC Marijuana Arrests Plummet in Year After Legalization. On Friday, the District celebrates a year of marijuana legalization, and one of the things it's celebrating is a dramatic decrease in people being sucked into the criminal justice system for pot. Overall, marijuana arrests declined 85% from 2014 to 2015, and pot possession arrests declined by an amazing 98%, from 1,840 in 2014 to only 32 in 2015.

Medical Marijuana

Pennsylvania Medical Marijuana Bill to Get House Vote. A long stalled medical marijuana bill will get a House vote after House Majority Leader Dave Reed (R-Indiana County) agreed to quit holding up the measure. The move prompted a supportive statement from Gov. Bill Wolf (D), who said, "I support the legalization of medical marijuana and I believe it is long past time to provide this important medical relief to patients and families across the commonwealth… It is time to legalize medical marijuana because we should not deny doctor-recommended treatment that could help people suffering from seizures or cancer patients affected by chemotherapy. I urge quick action by the legislature to legalize medical marijuana."

Georgia House Committee Expands Qualifying Conditions. The House Judiciary Non-Civil Committee Wednesday approved adding seven medical conditions to the state's CBD cannabis oil program. Included are autism, post-traumatic stress disorder, and HIV or AIDS, among others. The bill, House Bill 722, now goes to the House Rules Committee. But bill sponsor Rep. Allen Peake (R-Macon) isn't so pleased -- the bill was designed to allow cultivation of CBD cannabis oil in the state, but that provision was gutted in committee.

Asset Forfeiture

US Senator Kelly Ayotte Files Bill to Restore Asset Forfeiture Funding for Cops. Sen. Ayotte (R-NH) Wednesday filed Senate Bill 2576, which would require the federal government to recommence distributing funds from the Justice Department's Asset Forfeiture Program. The Justice Department turned off the asset forfeiture spigot last year, and state and local law enforcement agencies have lost nearly $1.2 billion they would have used for drug investigations.

Wyoming Asset Forfeiture Reform Bill Passes Legislature. The House Wednesday gave unanimous final approval to Senate File 46, which would reform -- but not end -- civil asset forfeiture. It requires law enforcement officials to consult with the attorney general on whether to proceed with forfeiture and a hearing before a judge within 30 days. It also shifts the burden of proof to the government to show there is "clear and convincing" evidence the property was involved in a crime. Gov. Matt Mead (R) last year vetoed a bill to end civil asset forfeiture, and similar legislation this year went nowhere.

Drug Testing

Michigan Driver Drug Testing Bill Stirs Opposition. A bill that aims to set up a pilot program allowing state police to conduct roadside saliva testing for marijuana, cocaine, heroin, and other drugs has passed the Senate, but is stirring opposition as it moves through the House. The bill, Senate Bill 434, is "bad science" and would set a "dangerous precedent," said criminal defense attorney Neil Rockind. "A pilot program is a test program and, in this case, treats people as guinea pigs to be studied," he said. "People are not guinea pigs. No citizen should be the subject of a test program when their liberty and way of life are on the line." The bill is currently before the Michigan House Judiciary Committee.

Vermont Senate Votes to Legalize Marijuana!

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

The state Senate today voted 17-12 today to approve a bill that would end marijuana prohibition in the state and replace it will system of taxation and regulation. The vote today was the second Senate vote this week to approve the bill, which will now go to the House for consideration.

The measure, Senate Bill 241, would allow people 21 and over to possess up to an ounce of pot, but not to grow it after some powerful lawmakers said that provision would be a deal-breaker. Instead, the bill now contains a provision to create a study commission to examine home cultivation and the issue of edibles, which are also not allowed.

The bill also envisions a system of tightly regulated commercial marijuana cultivation, testing, and distribution, which would include licensed retail marijuana outlets.

Gov. Peter Shumlin (D), who backs the bill, has not yet responded to today's vote, but congratulated lawmakers after Wednesday's preliminary vote to approve the bill.

"I want to thank the Senate for their courage in voting to end the failed War on Drugs policy of marijuana prohibition," Shumlin said in a statement. "When this debate began a month and a half ago, there were many who said it had no chance of passage in either chamber. Today it passed the Senate. This is a big moment for Vermont that should give Vermonters faith that our democracy still works," he said, noting that some 80,000 Vermonters use marijuana on a monthly basis.

"The shadows of prohibition have prevented our state from taking rational steps to address marijuana use in our state," the governor continued. "This bill will allow us to address those important issues by driving out illegal drug dealers, doing a better job than we currently do of keeping marijuana out of the hands of underage kids, dealing with the drugged drivers who are already driving on our roads, addressing treatment, and educating Vermonters to the harmful effects of consuming marijuana, alcohol, and cigarettes."

"Now is the time to move forward with ending the failed policy of prohibition in Vermont. I am proud of the Senate for taking the lead and I look forward to working with the House to get a bill to my desk," Shumlin added.

The Marijuana Policy Project, which has been working closely with elected officials on the bill, also pronounced itself pleased.

"We applaud the Senate for advancing this important legislation," said Matt Simon, MPP's Montpelier-based New England political director. "Like most Vermonters, most members of the Senate recognize that prohibition is a failed policy. They voted to regulate marijuana because it will make our communities safer. We are confident that House members who take an objective look at the evidence will arrive at the same conclusion as their colleagues in the Senate."

Political pressure is mounting on the House to do just that. In addition to support from the governor, and now, the Senate, but also from sitting state Attorney General William Sorrell and two of his predecessors, as well as clergy and faith leaders. And on Monday, Vermont Public Radio released poll results showing that 55% of Vermonters support the bill, with only 32% opposed.

New England is a real hotbed of marijuana reform this year, with bills also under serious consideration in Connecticut and Rhode Island and with Maine and Massachusetts poised to vote on legalization initiative in November. But it's starting to look like Vermont could be the first state in the region to make it to the finish line, and the first in 2016.

Montpelier, VT
United States

Medical Marijuana Update

The former attorney general speaks out on rescheduling, Ohio polling looks good for a medical marijuana initiative this year, and medical marijuana is before several state legislatures, too.

National

On Tuesday, former Attorney General Eric Holder said he now supports rescheduling marijuana. In an interview with PBS, Holder signaled newfound support for rescheduling and decriminalizing marijuana. It's not something he acted on while in office, but he now says: "I certainly think it ought to be rescheduled. You know, we treat marijuana in the same way we treat heroin now, and that clearly is not appropriate."

Arkansas

Last Wednesday, the attorney general approved a medical marijuana initiative. Attorney General Leslie Rutledge (R) has certified the popular name and title of the Arkansas Medical Marijuana Amendment of 2016. Now, initiative backers can begin the process of gathering some 85,000 valid voter signatures to qualify for the November ballot.

Connecticut

On Tuesday, legislators expanded qualifying conditions for the medical marijuana program. The legislature's regulation review committee Tuesday approved expanding the state's program by adding six new qualifying conditions: ALS, or Lou Gehrig's disease; ulcerative colitis; sickle cell disease; severe psoriasis and psoriatic arthritis; complex regional pain syndrome; and post-laminectomy syndrome with chronic radiculopathy, which is recurring back pain after surgery. No other approval is required since these were regulatory, not legislative, changes. The changes will go into effect in 30 days.

Georgia

On Monday, a CBD cannabis oil bill key cultivation provision was gutted. The House Judiciary Non-Civil Committee voted to cut a provision allowing for the in-state cultivation of marijuana for CBD cannabis oil production from House Bill 722, which was filed to allow for in-state cultivation. "I can't come before you today without saying how disappointed I am that we're not moving forward with cultivation in this bill," said bill sponsor Rep. Allen Peake (R-Macon). "That was the heart of the bill." Although the state approved CBD cannabis oil last year, there is no way for Georgia patients to legally procure their medicine.

Michigan

Last Thursday, Detroit's dispensary boom was facing a looming crackdown. The Motor City is now home to more than 200 dispensaries, but an ordinance that goes into effect March 1 is likely to put some of them out of business. The new ordinance insists that dispensaries must be at least a thousand feet from schools, parks, churches, libraries, and other dispensaries, and an unknown number are not going to be in compliance. Don't expect immediate raids, though; dispensary owners will have a chance to apply for licenses, and police said they would give dispensaries some time to comply before moving against them.

Ohio

On Monday, a new poll had a strong majority supporting a medical marijuana initiative. A new Public Policy Polling survey commissioned by the Marijuana Policy Project, which plans to put a medical marijuana constitutional amendment on the November ballot, has support for the notion at 74%, with only 22% opposed. This was not a generic question. The poll asked specifically if voters favored or opposed "making it a constitutional right for patients with terminal or debilitating medical conditions to possess and consume marijuana if their doctors recommend it."

South Dakota

Last Friday, a medical marijuana bill was amended into a CBD cannabis oil bill. A bill that would have allowed full-plant access for medical marijuana patients was passed by the Senate Health and Human Services Committee, but only after it was amended to only allow for the use of CBD cannabis oil. The measure is Senate Bill 171. The bill is expected to be heard on the Senate floor this week.

Utah

Last Friday, a CBD cannabis oil bill passed the Senate, and a medical marijuana bill remained alive. The Senate approved Senate Bill 89, which would allow for the use of CBD cannabis oil, but which patient advocates say does not go far enough. Meanwhile, Senate Bill 73, a full-fledged medical marijuana bill, that appeared doomed after the Mormon Church came out in opposition, remained alive and was picking up support. Patient advocates have threatened an initiative campaign if the bill does not pass.

On Monday, the Senate approved a the medical marijuana bill. The Senate Monday narrowly approved Senate Bill 73, which would allow patients to use marijuana in edible, extract, and oil form. The bill, sponsored by Sen. Mark Madsen (R-Saratoga Springs), overcome opposition from the Mormon Church.

West Virginia

On Tuesday, a medical marijuana bill was filed. A bipartisan group of Senate leaders has introduced a bill that would make medical marijuana legal. The bill, Senate Bill 640, is sponsored by Senate Minority Leader Jeffrey Kessler (D-Glen Dale), Senate Majority Leader Mitch Carmichael (R-Ripley), and three other senators. It has been referred to the Senate Committee on Health and Human Resources. The bill would allow qualifying patients to cultivate up to 12 mature plants and possess up to six ounces. It would also allow state-regulated dispensaries that would supply patients with medical marijuana.

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

Chronicle AM: VT Legalization Bill Heads for Senate Floor, Burma Opium Vigilantes, More... (2/23/16)

Marijuana legalization should get a vote in the Vermont Senate this week, a Utah medical marijuana bill advances, a West Virginia medical marijuana bill is filed, Christian anti-drug vigilantes threaten Burmese opium crops, and more.

Medical marijuana legislation advances in Utah, is introduced in West Virginia. (wikimedia.org)
Marijuana Policy

Vermont Legalization Bill Heads for Senate Floor Vote. The measure, Senate Bill 241, was approved by the Senate Appropriations Committee Monday. It has already passed the Senate Judiciary and Finance committees and now heads for a Senate floor vote. If it passes the Senate, it must still get through the House.

Vermont Faith Leaders Express Support for Legalization Bill. In a letter sent today, a diverse group of more than a dozen local clergy and faith leaders from across Vermont said they have "a moral obligation to support change" because the state's current marijuana prohibition laws "have caused more harm than good for the people of Vermont." The marijuana laws are "disproportionately enforced against the poor and people of color," the religious leaders added.

Medical Marijuana

Georgia CBD Cannabis Oil Bill's Cultivation Provision Gutted. The House Judiciary Non-Civil Committee voted Monday to cut a provision allowing for the in-state cultivation of marijuana for CBD cannabis oil production from House Bill 722, which was filed to allow for in-state cultivation. "I can't come before you today without saying how disappointed I am that we're not moving forward with cultivation in this bill," said bill sponsor Rep. Allen Peake (R-Macon). "That was the heart of the bill." Although the state approved CBD cannabis oil last year, there is no way for Georgia patients to legally procure their medicine.

Utah Senate Approves Medical Marijuana Bill. The Senate Monday narrowly approved Senate Bill 73, which would allow patients to use marijuana in edible, extract, and oil form. The bill, sponsored by Sen. Mark Madsen (R-Saratoga Springs), overcome opposition from the Mormon Church.

West Virginia Medical Marijuana Bill Filed. A bipartisan group of Senate leaders has introduced a bill that would make medical marijuana legal. The bill, Senate Bill 640, is sponsored by Senate Minority Leader Jeffrey Kessler (D-Glen Dale), Senate Majority Leader Mitch Carmichael (R-Ripley), and three other senators. It has been referred to the Senate Committee on Health and Human Resources. The bill would allow qualifying patients to cultivate up to 12 mature plants and possess up to six ounces. It would also allow state-regulated dispensaries that would supply patients with medical marijuana.

Asset Forfeiture

Oklahoma Asset Forfeiture Reform Bill Killed. A bill to overhaul the state's civil asset forfeiture program has died after the Senate Judiciary Committee failed to include it on its agenda as a Thursday deadline for committee reports looms. Instead, the committee advanced another, less far-reaching asset forfeiture reform bill that would require compensation for attorney fees, court costs and interest on properly determined to be unlawfully seized.

International

Canadian MP Will Propose Federal 911 Good Samaritan Bill. Liberal MP Ron McKinnon (Coquitlam-Port Coquitlam, BC) says he will introduce a bill granting protection from prosecution for people who call 911 during a drug overdose. The "Good Samaritan Drug Overdose Act" was expected to be filed in the House of Commons this week.

Burmese Anti-Drug Vigilantes Face Off With Security Forces, Opium Farmers. As many as 3,000 Christian anti-drug vigilantes are camped at a military roadblock in Kachin state, blocked by security forces from pursuing their goal of destroying poppy production in the area. The group is called Pat Jasan and was set up by local Baptist elders two years to counter the influence of drug traffickers. They claim to have already destroyed up to 3,500 acres of poppy fields at a time when the harvest is in full swing. One vigilante has been killed in violence with farmers, and the military and police are now blocking the vigilantes amid threats of further attacks from farmers. Burma is the world's second largest opium producer.

Chronicle AM: VT Poll Has Majority for Legalization, OH Poll Has Supermajority for MedMJ, More... (2/22/16)

NORML gets on board with California's AUMA, New England continues to progress on pot legalization, the mayor of Ithaca, New York, unveils a comprehensive drug strategy that includes supervised injection sites, and more.

Marijuana Policy

NORML Endorses California AUMA Legalization Initiative. The nation's largest marijuana consumers' group has formally endorsed the Adult Use of Marijuana Act. "The Board took this action aware there are other proposed initiatives in California that include provisions that are even more consumer-friendly, but those alternatives have little chance of qualifying for the ballot or being approved by a majority of the state's voters," the group said. The AUMA is backed by tech billionaire Sean Parker, Lt. Gov. Gavin Newsom (D), the California NAACP, the Drug Policy Alliance, and other reform organizations.

Key Rhode Island Politico Now Supports Legalization. Senate Majority Leader Dominick Ruggiero (D-North Providence) is now supporting marijuana legalization in his state. He has become a cosponsor of the legalization bill, Senate Bill 2420, filed by Sen. Joshua Miller (D-Cranston). Companion legislation in the House is sponsored by Rep. Scott Slater (D-Providence).

New Vermont Poll Has Majority for Legalization. A new Vermont Public Radio poll has support for marijuana legalization at 55%. The poll comes as a legalization bill supported by Gov. Peter Shumlin (D) is making its way through the state legislature. The measure is Senate Bill 241.

Medical Marijuana

New Ohio Poll Has Strong Majority for Medical Marijuana Initiative. A new Public Policy Polling survey commissioned by the Marijuana Policy Project, which plans to put a medical marijuana constitutional amendment on the November ballot, has support for the notion at 74%, with only 22% opposed. This was not a generic question. The poll asked specifically if voters favored or opposed "making it a constitutional right for patients with terminal or debilitating medical conditions to possess and consume marijuana if their doctors recommend it."

South Dakota Medical Marijuana Bill Becomes CBD Cannabis Oil Bill. A bill that would have allowed full-plant access for medical marijuana patients was passed by the Senate Health and Human Services Committee last Friday, but only after it was amended to only allow for the use of CBD cannabis oil. The measure is Senate Bill 171. The bill is expected to be heard on the Senate floor this week.

Utah CBD Cannabis Oil Bill Passes Senate; Medical Marijuana Bill Still Alive. The Senate last Friday approved Senate Bill 89, which would allow for the use of CBD cannabis oil, but which patient advocates say does not go far enough. Meanwhile, Senate Bill 73, a full-fledged medical marijuana bill, that appeared doomed after the Mormon Church came out in opposition, remains alive and is picking up support. Patient advocates have threatened an initiative campaign if the bill does not pass.

Asset Forfeiture

Second Wyoming Asset Forfeiture Reform Bill Advances. The House Judiciary Committee voted last Thursday to approve a bill that would create a civil court procedure to weigh the state's claims when it attempts to seize private property. The bill is Senate File 46. Unlike ending civil asset forfeiture, which Gov. Matt Mead (R) vetoed last year, this bill has the support of the administration.

Harm Reduction

Ithaca, New York, Mayor Calls for Supervised Injection Sites. Mayor Svante Myrick this week will roll out a comprehensive new drug policy approach, "the Ithaca Plan," which relies on the Four Pillars harm reduction strategy, including a call for supervised injection sites.

International

Belize Moving Toward Marijuana Decriminalization. The Attorney General's office has begun working on amendments to the country's criminal code that would decriminalize the possession of up to 10 grams of weed. The move comes after the cabinet approved policy recommendations made by a study group last year.

Chronicle AM: Supreme Court Takes Up CO Legalization, DEA Can't Keep Track of Evidence, More... (2/19/16)

The Supreme Court will decide if the case against Colorado can go forward, Ohio pot legalizers call it quits for now, Detroit dispensaries are facing a crackdown, a New Jersey bill would criminalize pregnant women who use drugs, and more.

Where did the drugs go? (justice.gov)
Marijuana Policy

Supreme Court Hears Case Against Colorado Legalization Today. The nation's highest court is deciding whether to take up a challenge against the state's legal marijuana law from neighboring Nebraska and Oklahoma. The death of Justice Antonin Scalia last weekend could alter the balance. If the court splits conservative vs. liberal, that would mean a 4-4 vote on the case. In regular cases that would mean that lower court rulings would hold. But the Supreme Court has "original jurisdiction" when states sue each other, meaning that there are no lower court rulings, raising the question of what would happen next.

Ohio Legalization Initiative Campaign Calls It Quits. The group, Legalize Ohio 2016, says it has put its signature gathering drive on hold because it doesn't have any money. The group's political action committee, Ohioans to End Prohibition, had only $268 in the bank. The group has some 80,000 signatures, but needs more than 300,000 valid voter signatures to qualify for the ballot. It says it will instead concentrate on supporting the Marijuana Policy Project's medical marijuana initiative.

Medical Marijuana

Detroit Dispensary Boom Faces Looming Crackdown. The Motor City is now home to more than 200 dispensaries, but an ordinance that goes into effect March 1 is likely to put some of them out of business. The new ordinance insists that dispensaries must be at least a thousand feet from schools, parks, churches, libraries, and other dispensaries, and an unknown number are not going to be in compliance. Don't expect immediate raids, though; dispensary owners will have a chance to apply for licenses, and police said they would give dispensaries some time to comply before moving against them.

Asset Forfeiture

Illinois County Sued for Asset Forfeiture "Racketeering." Three people have filed a federal lawsuit against the Kane County Sheriff's Office alleging it is running a racketeering enterprise by stopping drivers, falsely arresting and searching them, and seizing their cash and cars for the benefit of the county. The suit also names three deputies, including one -- Sgt. Hain -- who is also employed by a private company, Desert Snow, that trains police to prolong traffic stops, conduct searches without warrants or consent, and aggressively seize assets. The plaintiffs allege they were stopped, searched, and had several thousand dollars in cash seized, and that they were booked into the county jail overnight, but never charged with a crime. They were released the next day. Police found no drugs or other suspicious items. The plaintiffs are seeking compensatory and punitive damages

Law Enforcement

Justice Department Inspector General Rips DEA Over Evidence Handling Procedures. The DEA isn't properly documenting, tracking, and relocating the drugs it seizes, compromising the security of the drugs and undermining their usefulness as evidence in court, the inspector general said in findings released Thursday. In nearly one out of every 10 cases, DEA could not even find the tracking documents that are supposed to account for the drugs. "Gaps in the formal documentation of the chain of custody for drug exhibits can compromise the security of the drugs and jeopardize the government's ability to use the evidence in court proceedings," the IG said. The IG also found that more than half of all seizures, DEA forms did not list the amount of drugs seized, making it impossible to know if they had been tampered with. The inspector general made nine recommendations in total to improve the oversight of DEA drug seizures, all of which the agency agreed to address.

New Jersey Bill Would Criminalize Drug Use By Pregnant Women. A trio of Democratic Assembly members have introduced Assembly Bill 774, which would make using drug while pregnant a felony crime. Advocates for pregnant women called the bill "blatantly discriminatory" and said it will deter pregnant women from seeking prenatal care and drug treatment. They also said it was aimed at poor women.

International

Report Criticizes Use of Private Contractors in Colombia Aerial Coca Fumigation. A new report from the United Kingdom's Swansea University analyzes the role of private contractors and finds their primary benefit to the governments involved -- Colombia and the US -- are "secrecy and lack of accountability." "The ineffective policy is of dubious legality, causes damage to people and the environment, and would, if carried out by US military forces, imply the direct involvement of the US in Colombia's civil war, thereby triggering the application of international law as it applies to armed conflict," the report found. Still, aerial fumigation achieved "strategic objectives" of the two governments by displacing rural populations from areas of insurgent influence.

Chronicle AM: WA Drug Task to Disband, Cites Legalization; Harm Reduction Bills Advance in FL, NM, More... (2/18/16)

Even South Carolinians want drug policy reform, a Washington state drug task force calls it quits after marijuana legalization, harm reduction measures advance in Florida and New Mexico, and more.

With marijuana legal, drug task forces are having to reassess. (Darrin Frisby Harris/DPA)
Marijuana Policy

Oregon House Passes Marijuana Fine-Tuning Bill. The House voted overwhelmingly Tuesday to approve House Bill 4014, one of three bills this session aimed at fine tuning the state's marijuana legalization program. The bill removes residency restrictions for owning cannabusinesses, reduces some penalties for marijuana offenses, and adjusts licensing requirements to fit the needs of small farms, among other provisions.

Medical Marijuana

Arkansas Attorney General Approves Medical Marijuana Initiative. Attorney General Leslie Rutledge (R) has certified the popular name and title of the Arkansas Medical Marijuana Amendment of 2016. Now, initiative backers can begin the process of gathering some 85,000 valid voter signatures to qualify for the November ballot.

Asset Forfeiture

Iowa Legislature Punts on Asset Forfeiture Reform. A subcommittee of the Senate Judiciary Committee Wednesday took up Senate File 2166, which would have ended civil asset forfeiture in the state, but after a contentious hearing, the subcommittee voted to simply study the issue and develop recommendations for addressing it next year.

Drug Policy

Poll Finds South Carolinians Surprisingly Open to Drug Reforms. According to a a new poll released by the Drug Policy Alliance, a large majority of South Carolina's notably conservative primary voters supports ending mass incarceration, even across party lines. A substantial majority, furthermore, supports decriminalizing drug possession. Some 70% said they considered reducing incarceration rates an important issue and 59% said they favored decriminalizing drug possession.

Drug Testing

Maine Moves to Make It Easier for Employers to Do Drug Testing. The Department of Labor is calling on lawmakers to streamline the approval process for employee drug testing policies and to implement a program to train managers to spot drug-related impairment in the workplace. The proposal comes as an amendment to LD 1384, which is the subject of a Labor, Commerce, Research and Economic Development Committee work session today.

Harm Reduction

Florida Needle Exchange Bill Advances. The House Health and Human Services Committee Wednesday unanimously approved House Bill 81, which would create a pilot program to establish needle exchange programs in Miami-Dade County. The bill now heads for a House floor vote. Companion legislation in the Senate, Senate Bill 242, also awaits a floor vote.

New Mexico Legislature Approves Overdose Prevention Bills. A pair of bills that would allow individuals and organizations to possess and distribute the opioid reversal drug naloxone (Narcan®) have passed out of the legislature and are headed for the governor's desk. The measures are House Bill 277 and Senate Bill 262.

Law Enforcement

Washington State Drug Task Force to Disband, Cites Marijuana Legalization, Funding Cuts. The East Side Narcotics Task Force is going out of business in June after a quarter-century of fighting drug offenses. "The member agencies did an evaluation of the task force and its mission, and what we decided was that the task force had run its course and that due to a variety of challenges, it was time to sunset the task force and look at other options," Bellevue Police Chief Steve Mylett explained. One of those challenges was marijuana legalization: "When the state law changed, it made us pause and take a look at our mission," Mylett said. "When I arrived in Bellevue (in April 2015), the police chiefs were already discussing how marijuana laws were changing the whole drug trade landscape." He also complained that federal grants to fund such task forces were declining.

International

Saudis Execute Two Yemenis for Smuggling Hash. Yemeni citizens Ahmed Mubarek and Abdul Salam al-Jamali were executed in the Saudi border city of Jazan Wednesday after being convicted of smuggling hashish into the kingdom. Saudi Arabia has already executed 62 people this year, putting it on a pace to exceed last year's 153 executions, the highest number in two decades. It's not clear how many people have been executed for drug offenses.

Medical Marijuana Update

It's busy, busy, busy in legislatures across the land.

Arizona

On Tuesday, state GOP lawmaker seeks to bar use of welfare EBT cards in dispensaries. Rep. Kate Brophy (R-Phoenix) has filed a bill, House Bill 2261, that would add dispensaries to the list of locations where EBT cards that deliver cash cannot be used. Other banned locations include liquor stores, race tracks, casinos, and strip clubs. The bill got a hearing in the House Rules Committee, but was criticized by Rep. Randall Friese (D-Tucson), a physician. "I have a little trouble just saying you can get your prescription medications but not your medical marijuana," said Friese. "Medical marijuana is used for a variety of things that help people with chronic pain, glaucoma, anorexia, intractable nausea."

Hawaii

On Monday, state lawmakers were pondering a bill to allow outdoor and greenhouse grows. Under the state's medical marijuana law, the Department of Health has decided that all cultivation must take place in an enclosed structure, but lawmakers say that wasn't their intent, and they are preparing a bill that would clarify that medical marijuana could be grown in the open air, in greenhouses, or in shade houses.

Massachusetts

Last Friday, the stae doubled the amount of medical marijuana patients can purchase. The Department of Public Health last Friday more than doubled the amount of medicine patients can possess after regulators said laboratories can ensure the safety of the drug. Now, patients will be able to buy up to 10 ounces of medical marijuana every two months.

Missouri

On Monday, a medical marijuana bill got a House committee hearing. The House Emerging Issues Committee heard testimony Monday night on the Compassionate Care Act (House Bill 2213), which would allow up to 30 dispensaries and 30 cultivation operations statewide. The committee took no action and no further hearings are currently scheduled.

Oregon

On Tuesday, a bill to let pot shops sell tax-fee medical marijuana advanced. A joint legislative committee approved the bill that would allow recreational marijuana businesses to produce, process, and sell medical marijuana products. Senate Bill 1511 now heads for a Senate floor vote.

Utah

On Tuesday, frustrated patients said they would resort to a ballot initiative to get medical marijuana. Last week, the LDS Church came out against Senate Bill 73, a full-fledged medical marijuana bill, severely damaging its prospects in the legislature. That has prompted patient advocates to announce today that they plan to pursue a medical marijuana initiative. They will face a ticking clock: They have less than 60 days to gather 101,744 valid voter signatures to qualify for the November ballot.

On Wednesday,a new poll found nearly two-thirds support medical marijuana. Some 64% of Utahns support medical marijuana, up from 61% just two months ago, according to a new Utah Policy poll. The poll comes as progress on a full-blown medical marijuana bill in the legislature appears blocked and as patient activists say they are about to embark on an initiative campaign to get around legislative inaction.

Virginia

On Monday, a CBD cannabis oil bill advanced. In a last-minute reprieve, the Senate Courts of Justice Committee Monday night approved a bill that would allow state residents to more easily obtain CBD cannabis oils to treat epilepsy. The state last year approved a CBD cannabis oil bill, but it has no provisions for legally obtaining the medicine. The bill still awaits floor votes in both the House and the Senate.

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

Chronicle AM: Facebook Goes After Marijuana Businesses, WY Forfeiture Bill Advances, More... (2/17/16)

Facebook is making life hard for marijuana businesses, marijuana and medical marijuana are on the agenda at statehouses across the land, a South Dakota welfare drug testing bill is back in "kinder, gentler" form, and more.

Marijuana Policy

Facebook Shutting Down Marijuana Business Pages. The social media application has recently deleted or suspended dozens of accounts operated by marijuana businesses, without even a warning about possibly offensive material. It's not just businesses that actually deal in marijuana; Facebook has been typically unresponsive, saying only that "These pages have been removed for violating our community standards, which outline what is and is not allowed on Facebook."

Maryland Lawmakers Reject Effort to Increase Penalties for Public Marijuana Smoking. The House of Delegates Wednesday turned back GOP efforts to make it a misdemeanor offense to smoke pot on the Ocean City boardwalk, in state parks, or other public spaces. The move was a proposed amendment to a bill that would make it a misdemeanor to smoke pot in a vehicle. The bill treats in-car pot smoking like an open container violation, with fines, but no jail time.

Oregon House Approves Marijuana Banking Bill. The House has passed House Bill 4094, which protects banks and credit unions from any state liability for dealing with state-legal marijuana businesses. The bill passed on a 56-3 vote and now heads to the Senate.

Medical Marijuana

Arizona GOP Lawmakers Seek to Bar Use of Welfare EBT Cards in Dispensaries. Rep. Kate Brophy (R-Phoenix) has filed a bill, House Bill 2261, that would add dispensaries to the list of locations where EBT cards that deliver cash cannot be used. Other banned locations include liquor stores, race tracks, casinos, and strip clubs. The bill got a hearing Tuesday in the House Rules Committee, but was criticized by Rep. Randall Friese (D-Tucson), a physician. "I have a little trouble just saying you can get your prescription medications but not your medical marijuana," said Friese. "Medical marijuana is used for a variety of things that help people with chronic pain, glaucoma, anorexia, intractable nausea."

Oregon Bill to Let Pot Shops Sell Tax-Free Medical Marijuana Advances. A joint legislative committee Tuesday approved the bill that would allow recreational marijuana businesses to produce, process, and sell medical marijuana products. Senate Bill 1511 now heads for a Senate floor vote.

Utah Poll Finds Nearly Two-Thirds Want Medical Marijuana. Some 64% of Utahns support medical marijuana, up from 61% just two months ago, according to a new Utah Policy poll. The poll comes as progress on a full-blown medical marijuana bill in the legislature appears blocked and as patient activists say they are about to embark on an initiative campaign to get around legislative inaction.

Asset Forfeiture

Wyoming Senate Approves Asset Forfeiture Reform Bill. The Senate Wednesday approved Senate File 46, which would require a judge to find probable cause property was used or intended to be used in drug trafficking before it could be seized. The bill does not end civil asset forfeiture, but does raise the bar for the state. A measure pending in the House would end civil asset forfeiture, but faces a veto from Gov. Matt Mead (R), who vetoed similar legislation last year. The Senate bill now goes to the House.

Drug Testing

South Dakota Welfare Drug Testing Bill Returns in "Kinder, Gentler" Form. After an earlier bill that would have required drug testing for all welfare recipients was killed, Sen. Phil Jensen (R-Rapid City) has introduced Senate Bill 153, which would randomly drug test 2% of welfare applicants. The bill was set for a hearing in the Senate Health and Human Services Committee today.

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Safe Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School