State & Local Legislatures

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Virginia Legislature Passes Fake Marijuana Bills

By a vote of 98-0, the Virginia House Monday passed its version of a bill, HB 1434, that would outlaw synthetic cannabinoid products. Three days earlier, the state Senate passed its version of the bill, SB 745, on a 37-0 vote.

Busy with bans in Richmond (image via Wikimedia)
The House bill adds synthetic cannabinoids to the state's list of controlled substances, but the Senate bill does not. The House bill also has stiffer penalties for violators. That means the two bills will have to be reconciled for the ban to move to the governor's desk.

Products containing synthetic cannabinoids are sold in convenience stores, corner gas stations, and head shops in states where they have not been outlawed, and are also available on the Internet. They are typically marketed as incense and are sold under a variety of names, including Spice and K2.

The products are billed as a legal marijuana substitute, but hospital emergency rooms and poison control centers have reported numerous calls from people agitated or paranoid after using them. Still, the symptoms do not appear to be life-threatening, and no overdose deaths have been reported.

The DEA moved in November to take emergency action to institute an emergency federal ban on synthetic cannabinoids, but so far, that action has been blocked by legal action from retailers' associations.

Thirteen states have already banned synthetic cannabinoids. Similar actions are pending in a number of other state legislatures this year.

Richmond, VA
United States

Police, Drugmakers Face Off Over Restricting Pseudoephedrine

United States
Even though a bill has yet to be introduced in the Missouri General Assembly to return pseudoephedrine to its pre-1976 prescription-only status, both sides have begun to muster arguments and support. A recent poll found strong opposition nationwide for taking pseudoephedrine from behind the counter and putting it behind a prescription wall. Many law enforcement officers now believe that more pseudoephedrine sold in Missouri is used to make meth than to treat cold symptoms, a notion that the pharmaceutical industry disputes.
The Kansas City Star (MO)

Hawaii Bill Decriminalizing Marijuana Possession Gets Hearing

United States
A bill aiming to reduce the costs of combating marijuana on the streets and in the courts by decriminalizing possession of small amounts of the drug is being heard by two legislative committees. Possession of one ounce or less of marijuana would be considered a civil violation similar to a traffic ticket and subject to a fine of $100 under the bill.
The Star-Advertiser (HI)

Medical Marijuana: Lawsuits Likely If New Denver Regs Shut Down Grows, Attorney Says

Denver, CO
United States
Could a compromise agreement about medical marijuana grows that passed through the Denver City Council's special issues committee this week still close a huge number of operations? Looks that way, says attorney Christian Sederberg -- and if the measure is enacted as presently written, he's confident litigation will follow.
Denver Westword (CO)

Oakland Could Have A New Medical Marijuana Policy in Two Weeks

Oakland, CA
United States
The Oakland City Council is talking about sanctioned medical marijuana cultivation again after some legal scares put the issue on ice late last year, and a new policy could be in place within two weeks. The council voted in December to hold off implementing its program to permit and tax industrial-sized medical marijuana cultivation businesses. The proposal, which would also double the number of permitted dispensaries, was delayed until the new cultivation law could be revised to address some legal concerns that local prosecutors said could land the council members in jail.
San Jose Mercury News (CA)

Conservatives Board Sentencing Reform Bandwagon [FEATURE]

Struggling with chronic budget crises, lawmakers in more and more states are embracing sentencing and other reforms in a bid to hold down corrections costs. But while sentencing reform has long been the domain of "bleeding heart" liberals, now conservatives are driving those efforts in some states.

Indiana's Republican Gov. Mitch Daniels wants sentencing reforms...(Image via Wikipedia)
It's not just about dollars. Although fiscal concerns are a driving force among conservatives, there are also signs they are recognizing and confronting the failures of our drug and criminal justice policies. In a recent Washington Post op-ed, none other than former House Speaker Newt Gingrich wrote of "more humane, effective alternatives" to the national imprisonment binge.

Still, as their states bleed red ink, some of them are shifting from "tough on crime" to "smart on crime." Leading the charge is a newly formed advocacy group, Right On Crime, endorsed by big conservative names including Gingrich, taxpayer advocate Grover Norquist, and former drug czar William Bennett.

Based in Texas, Right On Crime is touting the success the Lone Star State has had with sentencing reform to make such reforms more palatable to conservatives. In 2003, the state passed legislation ordering that small-time drug offenders be given probation instead of prison time, and in 2007, the state rejected prison-building in favor of spending $241 million on treatment programs for offenders.

Crime rates declined at the same time the incarceration rate did. And the state has saved about $2 billion by not building an additional 17,000 prison beds it once thought it needed.

Now, conservatives in other states are pushing similar reforms -- Right on Crime identifies 21 states it says are engaged in "conservative" sentencing and corrections reforms.

"The fiscal argument is resonating with conservatives and liberals alike these days," said Marc Mauer, executive director of the Sentencing Project. "Prison and corrections spending is the big elephant in the room right now; it is ripe for cuts."

But it's not just the fiscal argument, said Mauer. "Some of this is in keeping with conservative philosophy, and much of their concern about incarceration has focused on drug policy. The drug war encompasses the whole country, but the federal system is an enormous part of it. Conservatives view it as taking over areas of policy that should best be left to the states," he said. "And then there are sort of libertarian conservatives who don't think the government should be telling us what is appropriate behavior."

It is also the result of years of effort by key advocates, said Mauer. "People like Pat Nolan at the Justice Fellowship have been working with that community for over a decade now about why this should be a conservative issue also," he pointed out.

Mauer welcomed the emergence of conservatives interested in sentencing reform. "We need to broaden the range of voices that are being heard on these issues," he said. "They can be helpful in a couple of ways, most importantly in communicating that these are not necessarily liberal or conservative issues, but good public policy perspectives. It's kind of ironic that the one area where there seems to be real bipartisan cooperation happening is in criminal justice policy."

"I think it's a good thing," said Traci Velasquez, executive director of the Justice Policy Institute (JPI). "The work that JPI and a lot of others have done over the years points out financial and social reasons why existing drug and other criminal justice policies have been ineffective, and some of those reasons are conservative: It doesn't work and it costs too much. I'm glad to see voices across the political spectrum are speaking out on this."

The years of laying the groundwork are starting to pay off now, said Velasquez, who also pointed to the efforts of the Justice Fellowship. "There has been a lot of receptivity this year," she said. "When governors gave their inaugural speeches this year, I think there were ten of them that included things about criminal justice reform, locking up fewer people, and helping ex-prisoners be more successful in the community."

Sentencing and other criminal justice reforms are also benefiting from a sort of benign neglect, Velasquez said. "Because the media is focused on a lot of other issues, there is a little more space to talk about these issues," she said. "Between the Middle East, the overall economic crisis, and two wars, the media doesn't have a lot of time to push a hysterical criminal justice narrative as it did in the past. Now, policymakers can worry less about commentators ripping them apart as soft on crime."

Whether or not conservatives actually accomplish sentencing reform, the fact that they are now addressing it is a positive step, said Mauer. "If nothing else, just the symbolism of these leading conservatives coming out helps shift the political climate under which these issues are being addressed," he said. "It makes it a little more comfortable to talk about it."

The fact that the states are now collectively spending $50 billion a year on corrections, making it their second-fastest growing spending category behind Medicaid, according to the Pew Center on the States, is impelling efforts at change in places not previously known as bastions of reform:

In Indiana, Republican Gov. Mitch Daniels has made a massive criminal justice system overhaul one of his top legislative priorities this year. Based on a report from the bipartisan Indiana Criminal Code Evaluation Commission, the package includes recommendations to cut sentences for possession and sale of cocaine and methamphetamine.

In the past decade, even though crime rates fell in Indiana, the prison population increased by 40%. Corrections spending also increased, although not as much, and now swallows up $616 million a year. More than half of Indiana prisoners are drug or property offenders. If current trends continue unabated, the report found, the prison population will increase by another 21% by 2017, and the state will have to spend an additional $1.2 billion on top of current corrections spending just to make room to house them.

While the reforms have broad support, not everybody is on board. The Association of Indiana Prosecuting Attorney has voted to oppose the recommendation to cut drug sentences.

"There are all kinds of proposals on the table that reduce and reassign sentencing levels," the group's 2010 president, Shelby County Prosecutor Kent Apsley told the Indianapolis Star last month. "Some of them in my view are pretty extreme changes in the law and probably go too far. The question is: Where is the breaking point where you're saving money to the point that it may seriously impact public safety?"

In Pennsylvania, Democratic state Auditor General Jack Wagner last week endorsed Republican Senate Judiciary Committee Chairman Stewart Greenleaf's SB 100, the Criminal Justice Reform Act, which seeks to reduce corrections costs by allowing the state to more quickly transfer nonviolent offenders to community corrections centers and allowing more nonviolent offenders to be eligible for the community centers.

"With Pennsylvania facing its greatest budget crisis since the Great Depression, we must look for sustainable savings in every nook and cranny of state government, and that includes the criminal justice system, which is one of the three biggest drivers of increased spending over the past decade," Wagner said.

Pennsylvania's prison population has increased five-fold since 1980, to more than 51,000 last year, and was the fastest growing in the country last year. According to Wagner, that increase is "due in part to tougher sentencing guidelines, particularly with drug-related offenses."

The alternative sentencing proposals in SB 100 could save the state $50 million in the coming fiscal year and $350 million over the next four years, Wagner said in a statement as he released a report on corrections spending whose recommendations largely dove-tailed with the bill. But the title of the statement, Auditor General Jack Wagner Says PA Needs Sentencing Reform, Construction Freeze to Shrink Corrections Cost, pretty well summed it up.

The state is already committed to spending $860 million to build four new prisons and four new housing units to hold another 9,000 inmates, but those will be full as soon as they are built. Wagner is saying no more prison-building.

"While most economic sectors in the commonwealth remain mired in recession, prisons remain Pennsylvania's largest growth industry," he said.

Serious conservative reform efforts are also underway in Kentucky and Louisiana, among others, but while conservative support for sentencing reforms is making waves, liberals are not shirking, either. Reform measures are afoot in a number of states. Here are two examples:

...and so does California's Democratic Gov. Jerry Brown (Image via Wikipedia)
In California, Gov. Jerry Brown (D) last month outlined plans to save half a billion dollars  a year by keeping "nonviolent, non-serious, non-sex offense" first-time offenders out of state prison. Those convicts would instead be housed in county jails. It is not sentencing reform, but it will take some of the pressure off the state prison system.

Drug offenders are among those who could be affected. Currently, there are some 10,000 people serving time in California for drug possession, as well as several thousand serving time for marijuana manufacture or distribution offenses.

The measure has the support of the Drug Policy Alliance (DPA), which also called for a greater investment in drug treatment. "Governor Brown set an important tone and made it clear that our expensive state prisons should be reserved for people convicted of serious offenses, not for everyone who's ever made a mistake," said Margaret Dooley-Sammuli, DPA deputy state director for Southern California.  "California is expected to save $500 million a year by handling more petty offenses, including low-level drug possession, at the county level. We think the savings would be even greater if drug treatment were made more available in the community. Under the plan, counties would have that option."

In Massachusetts, Democratic Gov. Deval Patrick is calling for the repeal of many of the state's mandatory minimum sentences for drug offenses as part of a criminal justice reform package he unveiled last month. Patrick's proposal would also allow nonviolent drug offenders to become eligible for parole, work release, and earned "good time" credits, and it would reduce the size of school "drug-free" zones from 1,000 feet to 100 feet.

The governor's proposal was "a bold move," but also "just basic common sense," said Barbara Dougan of Families Against Mandatory Minimums (FAMM). "The governor’s bill would simply realign our current drug sentencing policies so that they are in sync with what we know about who is being sentenced to mandatory prison terms and what those people need to stay out of trouble when they leave prison," she continued. "Nearly two-thirds of those sentenced to mandatory prison terms fall into the two lowest level 'criminal history' groups -- no prior record or few lower level offenses. Yet too often they serve disproportionately harsh sentences, sometimes longer than those who commit violent crimes. As a result, the public pays for lengthier sentences than are warranted."

But, as in Indiana, prosecutors and law enforcement officials are coming out in opposition to at least part of the proposal. According to the Boston Globe, they are objecting to shrinking the school "drug-free" zone because doing so "would allow dealers to sell drugs very close to schools and would weaken strong drug laws passed during the 1980s crack cocaine scourge."

Conservatives are now joining liberals in trying to bring some common sense and fiscal sanity to the nation's drug and sentencing policies. But as police and prosecutor organizations have shown, reform threatens some powerful groups' turfs -- one man's cost is another's benefit. The sentencing reform battle is far from won, but the battle is joined, and we have reinforcements.

Iowa Legislative Panel Rejects Plan Linking Welfare to Drug Tests

United States
A legislative panel has rejected a proposal to require people to pass a drug test before being eligible for state welfare benefits. Republican Rep. Matt Windschitl, of Missouri Valley, had proposed the requirement, but a subcommittee blocked the bill because of questions about how it would be implemented.
Sioux City Journal (IA)

Nebraska Lawmakers Won't Require Electronic Drug Log for Cold Medicine

United States
Nebraska lawmakers have dropped a bill that would require pharmacists to check an electronic database before selling products containing pseudoephedrine, an ingredient sometimes used to make methamphetamine. The bill, LB20, from Senator Beau McCoy of Omaha was tabled after disagreement over whether pharmacists should be immune from lawsuits under the proposed law.
Sioux City Journal (IA)

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Medical marijuana bill introduced in Idaho

Newsletter IdahoOn January 19, Idaho made a great stride toward securing medical marijuana patients against the threat of arrest and prosecution when representative Tom Trail introduced a medical marijuana bill into the state's legislature. If passed, the legislation would make Idaho the 16th medical marijuana state. Read more ...

Why are some cops so hostile to marijuana policy reform?

Newsletter Hostile PoliceMPP executive director Rob Kampia looks at the reasons why law enforcement officials are so often resistant against, or opposed to, marijuana policy reform. What do you think – is it ignorance, job security, quality of life, or perhaps something else? Read more ...

Utah man killed in outrageous police raid

Newsletter RaidA recently released video of a police raid in Utah last September, which depicts a man being shot and killed as police force entry into his home, has enraged many readers of our blog. Take a look, but be forewarned: the contents of this video are shocking and outrageous, and likely to induce commentary. Read more ...

Courts hearing cases on rights of medical marijuana patients

Newsletter V1_I8 courtroomTwo separate cases (in two separate states) involving the rights of medical marijuana patients will be heard by supreme courts. One case deals with employment protections for registered medical marijuana patients, and the other deals with issues of handgun permits for medical marijuana patients. Read more ...

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Arizona Marijuana Decriminalization Bill Introduced by GOP State Rep John Fillmore

United States
Under a bill introduced by Representative John Fillmore possession of two ounces or less of marijuana -- by anyone -- would become a petty offense and carry a fine of only $100. Fillmore says that marijuana isn't a gateway drug, as critics unscientifically claim, and all the money and time wasted by law enforcement on marijuana prohibition enforcement would be better spent elsewhere.
Phoenix New Times (AZ)

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