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Chronicle AM: WVA Welfare Drug Test Bill Advances, ME Voters Want Drug Decrim, More... (2/9/16)

Medical marijuana bills get filed not only in Iowa, but also Australia and Greece, a new poll shows enlightened drug policy attitudes among Maine voters, Republican US senators hold competing events for and against sentencing reform legislation, and more.

Medical marijuana is seeing action at statehouses in the US and in foreign capitals. (wikimedia.org)
Medical Marijuana

Florida Medical Marijuana Bill Reemerges. A bill that would allow terminally ill patients to use medical marijuana has come out of hibernation in the House. After months on the sidelines, the bill, House Bill 307, was approved by the House Appropriations Subcommittee Tuesday on a 9-2 vote. It now needs one more committee vote before heading for the House floor.

Iowa Medical Marijuana Bill Filed. State Rep. Peter Cownie (R-West Des Moines) Tuesday filed a bill that would make it legal to grow medical marijuana, produce CBD cannabis oil, and create dispensaries. The bill is not yet on the legislative website. Republican lawmakers last year killed similar legislation.

Drug Policy

Maine Voters Support Drug Decriminalization, Not Punitive Drug Policies, Poll Finds. Nearly two-thirds (64%) of voters support decriminalizing drug possession, according to a new poll conducted by Public Policy Polling. More than seven out of 10 (71%) said substantially reducing incarceration rates was important to them. The poll comes as the state's Tea Party governor, Paul Le Page (R), is pushing legislation that would roll back reforms passed last year that make simple drug possession a misdemeanor instead of a felony.

West Virginia Senate Passes Welfare Drug Testing Bill. The Senate overwhelmingly (32-2) approved Senate Bill 6, which would create a three-year pilot program to drug test applicants for the Temporary Assistance for Needy Families (TANF) program if state employees have "reasonable suspicion" they are using drugs. "Reasonable suspicion" can be triggered by applicants demonstrating "qualities indicative of substance abuse" or having been arrested on a drug charge in the past five years. The bill now goes to the House of Delegates.

Law Enforcement

Massachusetts Bill Would Let Users Turn in Drugs Without Fear of Punishment. Rep. Ann-Margaret Ferrante (D-Gloucester) has filed a bill that would allow addicts seeking treatment to turn in unwanted drugs without the threat of prosecution. A person "who, in good faith, enters a police station and seeks assistance or treatment for a drug-related addiction, or is the subject of a good faith request for such assistance or treatment, shall not be charged or prosecuted for possession of a controlled substance" if the evidence for such a charge was gained as a result of seeking treatment. The bill is before the Joint Judiciary Committee.

Sentencing

Republican Senators and Law Enforcement Leaders Rally for Federal Sentencing Reform Bill. Sens. Charles Grassley (R-IA) and Mike Lee (R-UT) joined law enforcement leaders today for a Capitol Hill briefing in support of the Sentencing Reform and Corrections Act of 2015 (S. 2123). The briefing, supported by Law Enforcement Leaders to Reduce Crime and Incarceration, comes the same day two other Republican senators, Tom Cotton of Arkansas and Jeff Sessions of Alabama, hosted an event to oppose the bill.

International

Australian Government Files Medical Marijuana Legislation. The federal government today filed legislation to allow the cultivation of marijuana for medical or scientific purposes. The bill would create a national scheme to regulate cultivation for such purposes.

Greek Lawmakers File Medical Marijuana Bill. Twenty members of the governing Syriza Party Monday filed legislation to legalize marijuana for medical and pharmaceutical purposes. "The proven beneficial effect in cases of especially dangerous diseases, such as glaucoma, cancer, epilepsy, anorexia nervosa, malignancies make the legalization of cannabis as medicine -- already used in many developed countries -- imperative. The criminalization of cannabis use has resulted in leading many patients and their families to acquire cannabis through illegal channels, something that entails substantial loss of revenue for the State, organized crime activities and pushing patients to resort illegal activities," the lawmakers argued.

Chronicle AM: Fed Bill Would Allow MJ Ad Mailings, Far-Reaching MD Bills Filed, More... (2/5/16)

Oregon's federal representatives fight to protect marijuana advertising, medical marijuana and CBD bills are moving in the states, a Maryland delegates files bills for drug treatment on demand, supervised injection sites, opiate maintenance (including heroin), and drug decriminalization -- quite a package! -- and more.

A Maryland bill could lead to the first supervised injection facility in the US. (vch.ca)
Marijuana Policy

Oregon Federal Reps File Bill to Allow Published Marijuana Ads. Responding to warnings from the US Postal Service that mailing newspapers or magazines with marijuana advertising is prohibited even in states where it is legal, Oregon's two Democratic senators, Ron Wyden and Jeff Merkley, have joined with two Democratic House members, Earl Blumenauer and Suzanne Bonamici, to file the Marijuana Advertising in Legal States (MAILS) Act (HR 4467). The bill would reverse the USPS policy. "Federal agencies must respect the decisions made by law-abiding Oregonians and small business owners in the state," Wyden said. "Our bill updates the federal approach to marijuana, ending the threat to news publications that choose to accept advertising from legal marijuana businesses in Oregon and other states where voters also have freely decided to legalize marijuana."

Michigan Legalization Campaign Getting Close to Signature Goal. The MILegalize campaign says it has already collected some 240,000 raw signatures and is seeking another 100,000 to ensure a comfortable cushion for invalidated signatures. The state requires 252,000 valid voter signatures to qualify for the November ballot.

Medical Marijuana

Alabama Bill Would Expand Access to CBD Cannabis Oil. Rep. Mike Ball (R-Madison County) has introduced House Bill 61, which would expand access to CBD beyond a limited study program at the University of Alabama-Birmingham. The new bill would allow parents with a valid recommendation for CBD cannabis oil to possess it in the state.

Delaware Bill Would Allow CBD Cannabis Oil for Kids in Schools. Sen. Ernie Lopez (R-Lewes) has filed Senate Bill 181, which would allow authorized caregivers to possess and administer CBD cannabis oil to pupils in school as needed.

Utah Medical Marijuana, CBD Cannabis Oil Bills Move. Two medical marijuana-related bills are headed for the Senate floor after winning committee votes. Senate Bill 73, filed by Rep. Mark Madsen (R-Saratoga Springs), would allow whole plant medical marijuana, while Senate Bill 89, sponsored by Sen. Evan Vickers (R-Cedar City), would expand on CBD cannabis legislation passed last year.

Kratom

Florida Bill to Ban Kratom Advances. A bill that would ban the increasing popular Southeast Asian herb, which some are using as an alternative to opiates or as a means to withdraw from them, has passed the House Criminal Justice Subcommittee. The bill, House Bill 73, would make possession of kratom a misdemeanor. A similar measure seeking to make possession a felony failed last year.

New Synthetic Drugs

Kentucky Bill to Toughen Penalties for New Synthetic Drugs Advances. A bill that would increase penalties for possessing or selling new synthetic drugs has passed the House Judiciary Committee. The bill is House Bill 66.

Drug Policy

Maryland Bill Package Attempts Comprehensive Drug Decriminalization, Harm Reduction Approach. A set of four bills being filed today would upend the way the state deals with drug use and related problems. One bill would provide for drug treatment on demand in emergency rooms and hospital settings, a second bill would allow for safe injection facilities (there are currently none in the US), a third bill would allow for opiate maintenance therapy, including with heroin, and a fourth bill would decriminalize the use and possession of personal use quantities of illicit drugs. The package is being sponsored by Delegate Dan Morhaim (D-Baltimore County).

Drug Testing

Utah Bill Would Repeal Welfare Drug Testing Law. Since Utah approved a welfare drug testing law, only 47 applicants out of nearly 14,000 have tested positive for drugs. That's enough for Rep. Angela Romero (D-Salt Lake City) to call for an end to the program. Her House Bill 172 would do just that. It is currently before the House Economic Development and Workforce Services Committee.

Will the VA Let Doctors Recommend Medical Marijuana to Veterans? [FEATURE]

On Wednesday, a group of 21 US senators and representatives sent a letter to the Department of Veterans Affairs calling on it to allow VA doctors to discuss and recommend marijuana as medicine in states where it is legal.

The bipartisan effort was led by Sens. Kirsten Gillibrand (D-NY), Steve Daines (R-MT), and Jeff Merkley (D-OR) and Reps. Earl Blumenauer (D-OR), Dina Titus (D-NV), and Dana Rohrabacher (R-CA). All represent medical marijuana states.

Under current VA policy, embodied in VHA Directive 2011-004, which expires Sunday, VA doctors are prohibited recommending marijuana as a treatment option even in legal states. This discourages patients and doctors from being honest with each other.

"According to the current directive, VA providers are prohibited from completing forms seeking recommendations or opinions regarding a veteran's participation in a state-sanctioned marijuana program. This policy disincentivizes doctors and patients from being honest with each other," the solons wrote. "Congress has taken initial steps to alleviate this conflict in law and we will continue to work toward this goal. However, you are in a position to make this change when the current VHA directive expires at the end of this month. We ask that you act to ensure that our veterans' access to care is not compromised and that doctors and patients are allowed to have honest discussions about treatment options."

If patients can't get a recommendation from their VA docs and thus can't access dispensaries, they would be tempted to go elsewhere for recommendations, to doctors "likely far less familiar with their symptoms and medical history," the solons wrote.

Sen. Kirsten Gillibrand (D-NY) (senate.gov)
Noting that there has been a "sea change" in the legal framework around marijuana since the directive was issued in 2011, they asked that "upon the directive's expiration, any new directive remove barriers that would interfere with the doctor-patient relationship in states that have chosen to legalize marijuana for medical purposes."

But without a new directive, even though the old one is expiring, it will be the status quo at the VA, said Michael Krawitz, a US Air Force veteran and executive director of Veterans for Medical Cannabis Access. Krawitz participated in the process that led to the production and distribution of the directive.

"VA Directives remain in effect with full force even after expiration unless they are officially replaced or rescinded," he said. "Although I can understand that patients might not know that and might get uneasy about the expiring directive, but in practicality there should be no change in clinical practices caused by the expiration."

While VA patients could be spooked by the expiration, the status quo is unacceptable, said Dr. Sue Sisley, MD, in clinical psychiatry and internal medicine, who has two decades of experience treating veterans and who is set to do a pilot study on medical marijuana and PTSD for veterans.

"I've worked with veterans all over the country who are dealing with severe and chronic, debilitating medical problems," she said. "They just want the treatment that is going to help them the most, with the least side effects. I have seen firsthand the dramatic improvement so many veterans have had while taking cannabis. Not only have they experienced relief from problems such as PTSD, chronic pain, and migraines, but many of them have also been able to break their addiction to more dangerous drugs, such as opioids and benzodiazepines."

Vets can't get into dispensaries without recommendations. (wikimedia.org)
VA staff physician Deborah Gilman, MD, said current VA policy forces physicians to ignore the science if it conflicts with policy.

"Unlike private practice physicians, VA physicians are under a gag order regarding discussing marijuana with patients," she said. "In other settings, doctors can be honest about their medical opinions regarding treatment options, based on science. In the VA, an administrator can write policy that you can't disagree with without losing your job. Veterans are fearful of losing either their medical benefits or their access to health care if they acknowledge using marijuana. This causes a VA doctor to give you a medical opinion based on the VA regulation, not on the science. I knew many VA doctors whose professional opinion was that cannabis might help some of their patients, but they could never say so in their office or in public."

"There is nothing more sacred in healthcare than the doctor-patient relationship," said Sisley. "Right now we are seeing interference with that coveted relationship. No government policy should come between a doctor and their patients. The only people who should be making medical decisions for veterans are their physicians, not a bureaucrat and not a law enforcement official. These men and women have sacrificed so much for their country. It's only fair that they get the care that they deserve, and have access to the whole range of treatment options."

For Krawitz, it's about getting health care he and countless other vets deserve.

"I suffer from a combination of internal injuries and broken bones leading me to be a perfect candidate for cannabis as an adjunct pain treatment," he explained. "I need to be able to go in and see my VA doctor and have a honest conversation where my doctor feels free to gain knowledge now available through continuing medical education and relay that information to me in writing even if that is the very documentation is what I need to participate in a state medical marijuana program."

Now it's up to Veterans Affairs Secretary Robert McDonald. He's heard from Congress, he's heard from patients, he's heard from doctors and scientists. We'll see if he's listening.

Washington, DC
United States

Chronicle AM: Obama Wants $1 Billion to Fight Opioids, Legal Pot Sales Hit $5.4 Billion, More... (2/2/16)

A new report finds marijuana is a booming market, California doctors get on board with the AUMA legalization initiative, the White House wants nearly a billion bucks to fight opioid addiction -- with most of it going for "medication-assisted treatment" -- and more.

People line up to buy heroin in Chicago. The White House wants nearly $1 billion to fight opioid addiction. (Chicago PD)
Marijuana Policy

Legal Pot Sales Hit $5.4 Billion Last Year, Report Says. Legal marijuana sales increased 17.4% last year to $5.4 billion, according to data released this week by the ArcView Group. Nearly 80% of the sales were for medical marijuana, but $998 million was for legal adult use, up dramatically from $351 billion in 2014. Overall sales should grow to $6.7 billion this year, the group predicted.

California Medical Association Endorses AUMA Legalization Initiative. The CMA, the largest doctors' group in the state, announced Monday that is will support the Adult Use of Marijuana Act legalization initiative. The initiative, funded by tech billionaire Sean Parker and supported by Lt. Gov. Gavin Newsom (D), has as one of its proponents Dr. Donald Lyman, who authored the CMA's 2011 policy called for decriminalization. "The California Medical Association believes the Adult Use of Marijuana Act is a comprehensive and thoughtfully constructed measure that will allow state officials to better protect public health by clarifying the role of physicians, controlling and regulating marijuana use by responsible adults and keeping it out of the hands of children," Dr. Steven Larson, CMA's president, said in prepared remarks.

Medical Marijuana

New Hampshire Patient Who Sued Over Medical Marijuana Access Dies. Linda Horan, who sued the state in November to issue her a medical marijuana card so she could get her medicine in Maine because New Hampshire dispensaries hadn't opened, died Monday at age 64. The ailing labor leader won her lawsuit and was able to procure medical marijuana out of state, but succumbed to cancer. The court ruling applied only to Horan, but days after the ruling, the states began sending out ID cards to patients.

Wyoming Medical Marijuana Initiative Won't Qualify for Ballot. A spokesman for Wyoming NORML, which organized the campaign, said Monday that the group had only managed to gather some 7,000 raw signatures ahead of next week's deadline and will fall far short of the more than 25,000 valid voter signatures required to make the ballot. The group will try again in 2018, it said.

Hemp

Twenty States Have Hemp Bills This Year, Vote Hemp Says. The industry group has issued its annual report and says 20 states are working to legalize or expand hemp production. There's much more in the report, too.

Drug Policy

White House Seeks $1 Billion to Fight Heroin and Prescription Opiate Abuse. The Obama administration Tuesday proposed a billion dollars in new funds over the next two years to combat widespread opioid use. More than $900 million of the newly sought funding would go for medication-assisted treatment (opioid maintenance), which also includes therapy. The administration said that 2.2 million people have been identified as needing treatment for opioid addiction, but only one million are receiving it.

Drug Testing

West Virginia Lawmaker Proposes Drug Testing Legislators. State lawmakers have once again introduced a bill to drug test welfare applicants, and in response, Delegate Shawn Fluharty (D-Wheeling) has introduced House Bill 2925, which would subject legislators to the same sort of testing. "There's no reason why state legislators should get a pass, simply because we wear suits," he said.

Chronicle AM: Maine Legalization Initiative On Target for Ballot, Narcan in the News, More... (2/1/16)

Maine's legalization initiative looks like it will qualify for the ballot, Tommy Chong endorses Bernie Sanders, a new federal bill would fund needle exchanges, naloxone is in the news, and more.

Naloxone kits save lives. (harmreduction.org)
Marijuana Policy

Obama Says Marijuana Reform Not on His Agenda in Final Year. In a Friday press briefing, White House press secretary Josh Earnest said any progress on further federal marijuana reform would have to come from Congress, not the president. "There are some in the Democratic Party who have urged the president to take this kind of action. The president's response was, 'If you feel so strongly about it, and you believe there is so much public support for what it is that you're advocating, then why don't you pass legislation about it and we'll see what happens.'"

Tommy Chong Endorses Bernie Sanders. This is not exactly a shocker, but every endorsement helps. Iconic stoner comedian Tommy Chong has endorsed Sen. Bernie Sanders (I-VT) for the Democratic presidential nomination, citing his support of marijuana legalization. "Bernie does support that… legalization that I care so deeply about, legalization of the super-medicine marijuana. So I know this year, you and I are going to 'Feel the Bern,' go up to the polling booths, and light up, man, for progress and change." Chong also touted Sanders' positions on immigration, equality, and a living wage, and he jokingly referred to Sanders as the "commander-in-Kush."

Maine Legalization Group Submits Nearly Double the Signatures Needed to Qualify for Ballot. It looks like Mainers will be voting on legalization in November. Today, the Campaign to Regulate Marijuana Like Alcohol turned in more than 103,000 raw signatures for its petition drive. It only needs 61,000 valid voter signatures to qualify for the November ballot.

Seattle Medical Marijuana Shops Sue State Over Licensing Process. A handful of long-time Seattle dispensaries filed a lawsuit last Friday against the state Liquor and Cannabis Control Board, saying the agency isn't following its own rules in issuing a new round of licenses for retail pot shops. The agency is supposed to give priority to dispensaries that have played by the rules, but the plaintiffs say it isn't doing that.

Medical Marijuana

Illinois Refuses to Expand List of Qualifying Medical Conditions. The administration of Republican Gov. Bruce Rauner will not allow patients suffering from eight conditions to use medical marijuana. The Department of Public Health announced last Friday that no new conditions would be added despite pleas from patients, advocates, and medical marijuana business owners. The Medical Cannabis Alliance of Illinois issued a statement calling the decision "a gross injustice to patients."

New York Medical Marijuana Expansion Bill Filed. Assemblyman Richard Gottfried (D-Manhattan), chair of the Assembly Health Committee, last Friday filed a bill that would double the number of medical marijuana manufacturers and dispensaries in the state. The bill is not yet available on the legislative website.

Heroin and Prescription Opiates

Federal Bill Would Provide Funding for Needle Exchange Programs. Rep. Frank Pallone (D-NJ) last Friday introduced HR 4396 to address heroin and prescription opiate use. The bill has provisions for prevention, treatment, and recovery, as well as grant programs for needle exchanges and to reduce overdose deaths. The bill has been assigned to four different committees.

Asset Forfeiture

Utah Bill to Make Police Prove Seized Property Was Involved in Crime Wins Committee Vote. Rep. Brian Greene's (R-Pleasant Grove) House Bill 22, which would require police to prove seized property is involved in a crime, reversing the burden of proof requirement under the state's civil asset forfeiture law, has unanimously passed the House Judiciary Committee. The bill also includes a provision making the state pay citizens' attorney fees and costs is property is wrongfully seized. It now heads for a House floor vote.

Harm Reduction

Overdose Prevention Drug Has Saved 2,000 Lives in North Carolina. The North Carolina Harm Reduction Coalition reported last Thursday that the number of people whose opiate overdoses were reversed by naloxone (Narcan) had surpassed 2,000.

CVS to Make Overdose Prevention Drug More Widely Available in Ohio. The pharmacy chain announced today that it will make naloxone (Narcan) more available at stores throughout the state. Law enforcement had been skittish about using the drug, but as Lucas County Sheriff John Tharp noted, "We are in a heroin epidemic and this is just another tool to save lives."

New Orleans to Make Overdose Reversal Drug Available Over the Counter. People seeking naloxone (Narcan) will be able to pick it up without a prescription at the University Medical Center, city officials announced last Friday. City Medical Director Dr. Joseph Kanter has ordered the move in a bid to reduce fatal overdoses."There are no side effects. There is no abuse potential," Kanter said. "The primary effect of this medicine is to save a life."

(This article was prepared by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Medical Marijuana Update

Members of Congress urge the VA to get out of the way on medical marijuana, the Marijuana Policy Project eyes an Ohio initiative this year, Florida will vote on an initiative this year, California legislature is trying to fix a mess of its own making, and more.

National

On Wednesday, federal lawmakers called on the Veterans Administration to let doctors recommend medical marijuna to vets. Twenty-one members of Congress have written to Veterans Administration (VA) Secretary Robert McDonald urging him to allow VA doctors to discuss medical marijuana as a possible treatment in states where it is legal. A VA policy that does not allow doctors to recommend it expires at the end of this month, and the lawmakers are calling on McDonald to not extend it. "You are in a position to make this change when the current directive expires at the end of this month," Sen. Kirsten Gillibrand (D-NY), Sen. Steve Daines (D-MT), and others wrote Wednesday to McDonald. "We ask that you act to ensure that our veterans' access to care is not compromised and that doctors and patients are allowed to have honest discussions about treatment options."

On Thursday, Americans for Safe Access released a report on state medical marijuana programs. The patient advocacy group graded each state and graded toughhly. No state earned an "A" and only 12 earned a "B." Read the report here.

Arizona

On Monday, a GOP politician withdrew a bill that would have crippled the medical marijuana program. State Rep. Jay Lawrence (R-Fountain Hills) has withdrawn HCR 2019, which would have barred naturopaths and homeopaths from recommending medical marijuana. Nearly 90% of all recommendations in the state are written by those health care professionals. Lawrence said he withdrew his bill after his office "received so many calls" and he actually learned about how the program works.

California

On Monday, the Senate approved a bill to slow medical marijuana bans. The state Senate Monday approved Assembly Bill 21, designed to fix what lawmakers called a mistake in the state's comprehensive medical marijuana regulation laws. The bill had a paragraph that gave the state authority to license cultivation in localities that didn't have their own laws on the books by March 1, and many localities had responded by passing preemptive cultivation bans. The bill now goes to the Assembly.

On Wednesday, the Assembly approved the bill. After passing the Senate earlier this week, Assembly Bill 21, has now passed the Assembly and awaits a signature from Gov. Jerry Brown (D). The bill lifts a March 1 deadline for localities to regulate medical marijuana or lose control to the state. The deadline has prompted more than a hundred localtities to enact bans on various sorts in a bid to retain local control.

Florida

On Wednesday,the Florida medical marijuana initiative qualified for the ballot The group behind the effort, United for Care, said the Division of Elections has recorded 692,981 verified voter signatures, nearly 10,000 more than needed to qualify. A similar effort won 58% of the vote in 2014, but failed to pass because constitutional amendments require 60% of the vote to pass in Florida.

Georgia

Last Thursday, a state representative admitted breaking the law to help families obtain CBD cannabis oil. Rep. Alan Peake (R-Macon) admitted that he has been going to other states to obtain the medicine and bring it back for patients. Under a law he sponsored last year, CBD cannabis oil is legal for people for certain diseases, but there is no provision for in-state cultivation or sales. "We made sure that families properly registered with the state got access to medical cannabis, including delivering it to them if that's the only way we can make that happen," Peake said. "Maybe at some point there is a need for civil disobedience. It comes down to, 'What would I do if it were my child?'" Peake said.

Hawaii

On Monday, a bill to ban patients from growing their own was filed. Now that dispensaries are set to open up in the state, Rep. Marcus Oshiro (D-Oahu) has filed a bill that would prohibit patients from growing their own, instead requiring them to use the dispensaries. The bill is House Bill 1680. Patient groups don't like it.

Illinois

This week, a petition is seeking to prod the governor to expand qualifying medical conditions. The state Medical Cannabis Advisory Board has recommended adding eight new qualifying conditions to the state's medical marijuana program. The petition is directed at Gov. Bruce Rauner (R) and the head of the state Department of Public Health, who will make the final decision. The petition currently has more than 19,000 signatures and has been endorsed by Melissa Etheridge.

Indiana

Last Thursday, medical marijuana bills were pronounced dead. State Sen. Jean Leising (R-Oldenburg) said Thursday that medical marijuana bills in the state legislature would not got a hearing this year. "They are all dead," she said. "There just isn't the appetite in the Senate for approving any kind of medical marijuana, not with the current makeup of the (50-member) Senate. You need 26 votes, and they're just not there." Parents of children suffering from epilepsy had pleaded with lawmakers to act, to no avail.

Ohio

Last Wednesday, the Marijuana Policy Project announced plans for Ohio. MPP said Wednesday it plans to put a medical marijuana initiative on the 2016 ballot. The initiative would take the form of a constitutional amendment, but has not yet been drafted.

Last Friday, the attorney general rejected the wording on a medical marijuana initiative. State Attorney General Mike DeWine (R) has rejected a third petition for a medical marijuana constitutional amendment. He said there were five discrepancies between the language of the proposal and its summary language.

Utah

Last Wednesday, a "whole plant" medical marijuana bill was filed. Sen. Mark Madsen (R-Saratoga Springs) has introduced Senate Bill 73, which would create a full-fledged medical marijuana system in the state. The bill would only allow marijuana to be consumed in the forms of oils and gummies, not smoked. Another bill already filed would allow only cannabidiol.

Last Thursday, the Republican governor signaled support for medical marijuana. Gov. Bob Herbert (R) said Thursday that he is not familiar with two medical marijuana bills filed this session and that he doesn't want a "Dr. Feelgood" situation, but "if there's a medicine out there that will alleviate pain and conditions and health concerns for people, if there's a medicine out there that can do that, we ought to see if we can embrace it." He added that he would prefer that Congress legalize it federally rather than leaving it up to the states to act.

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

Chronicle AM: FL MedMJ Init Qualifies for Ballot, VT Gov Endorses Pot Legalization Bill, More... (1/28/16)

Busy, busy. State legislatures are in full swing, and the bills just keep coming. Meanwhile, Florida's medical marijuana initiative has qualified for the ballot, Vermont's governor endorses legalization, and more.

Heroin is on the agenda at statehouses this week. (wikimedia.org)
Marijuana Policy

Federal Judge Throws Out Lawsuit Against Colorado's Legalization. A Colorado US District Court judge has rejected a lawsuit challenging the legality of marijuana legalization in the state. The lawsuit was filed by a Washington, DC-based anti-marijuana group, the Safe Streets Alliance, and asked the court to find the state and Pueblo County guilty of violating the Racketeer Influenced and Corrupt Organizations (RICO) Act. The judge in the case rejected the claims, concluding that private parties have no standing to seek recourse for alleged violations of the Supremacy Clause, which makes federal law the supreme law of the land. Another lawsuit, filed by the states of Nebraska and Oklahoma, is still being decided.

New Mexico Poll Finds Strong Support for Legalization. Three out five (61%) adult New Mexicans support legalizing and regulating marijuana, according to a new poll from Research & Polling. The poll comes as the legislature ponders two bills, one that would amend the state constitution to let voters decide the issue, and one that is a straightforward legalization bill. The bills are Senate Joint Resolution 5 and House Bill 75, respectively.

Vermont Governor Endorses Legalization Bill. Gov. Peter Shumlin has endorsed the Senate Judiciary Committee's legalization bill, Senate Bill 137. "The War on Drugs has failed when it comes to marijuana prohibition," Gov. Shumlin said. "Under the status quo, marijuana use is widespread, Vermonters have little difficulty procuring it for personal use, and the shadows of prohibition make it nearly impossible to address key issues like prevention, keeping marijuana out of the hands of minors, and dealing with those driving under the influence who are already on Vermont's roads. The system has failed. The question for us is how do we deal with that failure. Vermont can take a smarter approach that regulates marijuana in a thoughtful way, and this bill provides a framework for us to do that."

DC Poll Finds Residents Want District to Move Ahead With Regulation -- Despite Congress. A substantial majority of District residents believe Mayor Bowser should move forward with taxation and regulation of marijuana despite Congressional prohibition, according to a survey conducted over the weekend by Public Policy Polling (PPP) for the Drug Policy Alliance, DC Vote, DC Working Families and the Washington City Paper. Two-thirds (66%) of respondents believe the mayor should pursue a legal method (such as use of reserve funds) to implement taxation and regulation of marijuana in the District. In light of congressional interference attempting to prevent such regulation, 63% of residents view marijuana legalization as a statehood issue for the District.

Medical Marijuana

Americans for Safe Access Releases Report on State Medical Marijuana Programs. The patient advocacy group graded each state and graded harshly. No state earned an "A" and only 12 earned a "B." Read the report here.

California Bill to Halt Medical Marijuana Bans Heads to Governor's Desk. After passing the Senate earlier this week, Assembly Bill 21, has now passed the Assembly and awaits a signature from Gov. Jerry Brown (D). The bill lifts a March 1 deadline for localities to regulate medical marijuana or lose control to the state. The deadline has prompted more than a hundred localtities to enact bans on various sorts in a bid to retain local control.

Florida Medical Marijuana Initiative Qualifies for the November Ballot. The group behind the effort, United for Care, said Wednesday the Division of Elections has recorded 692,981 verified voter signatures, nearly 10,000 more than needed to qualify. A similar effort won 58% of the vote in 2014, but failed to pass because constitutional amendments require 60% of the vote to pass in Florida.

Heroin and Prescription Opiates

Injection Drug Use Driving Appalachian Hepatitis B Infections. The Centers for Disease Control and Prevention report that acute Hepatitis B was up 114% in Kentucky, Tennessee, and West Virginia between 2009 and 2013. The report found that injection drug was tied to 75% of the new cases. Unlike Hep C, Hep B can be prevented with a vaccine, but vaccine coverage is low among adults nationwide.

Maine Governor Wants Gunowners to Shoot Drug Dealers. Just days after saying Maine should revive the guillotine to execute drug dealers, Gov. Paul LePage suggested just shooting them instead. "I tell ya, everybody in Maine, we have constitutional carry," LePage said in an on-camera interview in Lewiston. "Load up and get rid of the drug dealers. Because, folks, they're killing our kids," the governor said. He then denied that he was encouraging vigilantism.

New York Assembly Minority Task Force Releases Report on Heroin Addiction. The task force has come out with suggestions for combating heroin and opiate addiction. The recommendations include earlier drug education, involuntary "emergency medical" detention of addicts, and a felony "death by dealer" statute. Now, the task force must work with Assembly Democrats to create legislation.

Drug Testing

South Dakota Welfare Drug Testing Bill Killed in Committee. The Health and Human Services voted to kill a bill that would have required welfare applicants to undergo mandatory, suspicionless drug testing. Even the Republican governor had opposed the bill.

International

Producers of Prohibited Plants Issue Declaration Ahead of UNGASS. The Global Forum of Producers of Prohibited Plants (coca, opium, marijuana) is demanding that growers be heard at the UN General Assembly Special Session on Drugs in April. In a joint declaration from producers in 14 countries, the group urged an end to forced eradication of drug crops, the removal of the three plants from international drug control treaties, and sustainable rural economic development. Click the title link for a full list of participants and recommendations.

Chronicle AM: DC MJ Club Ban Moving, Fed Lawmakers Want MedMJ Allowed for Vets, More... (1/27/16)

State legislators are getting busy, the DC city council resorts to sneakery to try to kill pot clubs, federal representatives ask the VA to let doctors recommend medical marijuana for veterans, and more.

Sen. Kirsten Gillibrand (D-NY) was among those calling on the VA to let doctors recommend medical marijuana for veterans.
Marijuana Policy

Arizonans Rally to Support Legalization Bill. Marijuana reform advocates rallied at the state capitol Wednesday to support a bill that would legalize marijuana. Carrying signs that red "Cannabis Reduces Opiate Overdose" and "Cannabis is a Natural Alternative to Harmful Pharma," the ralliers urged passage of House Bill 2006, introduced by Rep. Mark Cardenas (D).

Vermont Legalization Bill Sees Tussles Ahead of Vote Tomorrow. The powerful chairman of the Senate Judiciary Committee, Sen. Dick Sears (D-Burlington) has said he won't vote for his own committee's legalization bill if it allows for home cultivation, and he's also asking the committee to make additional changes, including moving some of the tax proceeds to the general fund and increasing penalties for adults who sell pot to minors. The measure is Senate Bill 137.

Washington State Bill Would Allow Home Cultivation. A bill to allow for home cultivation of up to six plants has been introduced with bipartisan support in the legislature. Washington's version of legalization does not allow for home cultivation, but House Bill 2629 would change that, bringing Washington in line with other legalization states.

In Sneak Move, DC Council Moves to Ban Pot Social Clubs. With the public notified only moments before markup, the DC Council's Committee on the Judiciary voted today to permanently ban marijuana consumption in private clubs. A temporary ban was set to expire April 15, and advocates had hoped the Council would let it lapse. The bill approved by the committee bars entities from providing adults with private spaces other than a residence to consume marijuana, and requires the Mayor's office to revoke a business' license after only one instance of a patron consuming marijuana on the premises.

Medical Marijuana

Lawmakers Call on VA to Let Doctors Recommend Medical Marijuana. Twenty-one members of Congress have written to VA Secretary Robert McDonald urging him to allow VA doctors to discuss medical marijuana as a possible treatment in states where it is legal. A VA policy that does not allow doctors to recommend it expires at the end of this month, and the lawmakers are calling on McDonald to not extend it. "You are in a position to make this change when the current directive expires at the end of this month," Sen. Kirsten Gillibrand (D-NY), Sen. Steve Daines (D-MT), and others wrote Wednesday to McDonald. "We ask that you act to ensure that our veterans' access to care is not compromised and that doctors and patients are allowed to have honest discussions about treatment options."

Industrial Hemp

Hawaii Industrial Hemp Production Bill Filed. Reps. Kaniela Ing (D-South Maui) and Cynthia Thielen (R-Oahu) have introduced House Bill 2555, which would allow for industrial hemp production for research purposes. The bill is backed by the state Department of Agriculture.

Asset Forfeiture

Wisconsin Asset Forfeiture Reform Bill Gets Committee Hearing. The Senate Committee on Labor and Government Reform Tuesday took up Senate Bill 521, which would end civil asset forfeiture in the state. Speaking in support were the Wisconsin ACLU and the Wisconsin Grandsons of Liberty; speaking against were -- you guessed it -- representatives of law enforcement. No vote was taken.

Drug Testing

Virginia Welfare Drug Testing Bills Killed. The Health, Welfare and Institutions Subcommittee #1 narrowly defeated a combined pair of bills, House Bill 468 and House Bill 86, that would have required welfare applicants to undergo drug tests before receiving benefits. "VIEW recipients are no more likely statistically to be drug users than any other group and to target them would be unfair," Del. Marcia Price (D-Newport News) said. "I am proud to have agreed with my colleagues across the aisle that there was a lack of evidence to warrant this practice. We would be better served, instead of this practice, to continue to invest money into the tangible obstacles to employment. Rightly, partisan politics did not stand in the way of doing what is right for our Commonwealth."

Sentencing

Maine Bill to More Harshly Punish Outsiders Bringing Drugs to State Gets Hearing. The legislature's Criminal Justice Committee heard conflicting testimony Monday on LD 1541, which creates the crime of "aggravated importation of scheduled drugs." The bill doesn't specify, but the measure is clearly aimed at heroin traffickers bringing the drug into the state. Not everyone was gung-ho, though: Tougher sentences are "just not the most effective tool against this scourge," said John Pelletier, a member of the Maine Criminal Advisory Commission. The measure would double prison sentences for importing heroin into the state from five to 10 years, and up to 30 years in some cases.

International

Mexico's National Marijuana Legalization Debate is Underway. Lawmakers met in Cancun Tuesday to open the first batch of debates on marijuana legalization. President Enrique Pena Nieto is opposed, but called for national debate after court rulings appeared to open cracks in the country's prohibition.

Chronicle AM: Mexico Legalization Debate Gets Underway, NH Gov Signs Heroin Bills, More... (1/25/16)

New Hampshire's governor signs a package of heroin and prescription opiate bills, a similar package goes to the desk of the Wisconsin governor, Illinois patients seek to add more qualifying conditions, South Dakota's GOP governor rejects a welfare drug testing bill, a key Mexican politician endorses pot legalization, and more.

Marijuana Policy

Student Marijuana Group Wins Free Speech Lawsuit Against Iowa State University. A federal judge last Friday ruled that ISU administrators violated the First Amendment rights of ISU NORML by barring the group from using ISU logos on its t-shirts. ISU NORML won a permanent injunction against the university preventing it from using its trademark policy to block the group from printing shirts depicting a marijuana leaf.

Denver Social Pot Club Effort Gains New Life. A shelved ballot measure that aims at winning approval for marijuana use at some private businesses is being brought back to life by a newly formed NORML chapter. Denver NORML says it is going to take up where advocates left off. Advocates from the Vicente Sederberg law firm and the Marijuana Policy Project had begun such a ballot effort last year, but withdrew and is now seeking a potential compromise ordinance with city officials and other interested parties. But Denver NORML says it time to "get this done."

Medical Marijuana

Arizona GOP Rep Withdraws Bill to Cripple Medical Marijuana Program. State Rep. Jay Lawrence (R-Fountain Hills) has withdrawn HCR 2019, which would have barred naturopaths and homeopaths from recommending medical marijuana. Nearly 90% of all recommendations in the state are written by those health care professionals. Lawrence said he withdrew his bill after his office "received so many calls" and he actually learned about how the program works.

Georgia Lawmaker Admits Breaking State Law to Help Families Obtain CBD Cannabis Oil. Rep. Alan Peake (R-Macon) admitted last week that he has been going to other states to obtain the medicine and bring it back for patients. Under a law he sponsored last year, CBD cannabis oil is legal for people for certain diseases, but there is no provision for in-state cultivation or sales. "We made sure that families properly registered with the state got access to medical cannabis, including delivering it to them if that's the only way we can make that happen," Peake said. "Maybe at some point there is a need for civil disobedience. It comes down to, 'What would I do if it were my child?'" Peake said.

Hawaii Bill Would Bar Patients From Growing Their Own. Now that dispensaries are set to open up in the state, Rep. Marcus Oshiro (D-Oahu) has filed a bill that would prohibit patients from growing their own, instead requiring them to use the dispensaries. The bill is House Bill 1680. Patient groups don't like it.

Illlinois Petition Seeks to Prod Governor to Expand Qualifying Medical Conditions. The state Medical Cannabis Advisory Board has recommended adding eight new qualifying conditions to the state's medical marijuana program. The petition is directed at Gov. Bruce Rauner (R) and the head of the state Department of Public Health, who will make the final decision. The petition currently has more than 19,000 and has been endorsed by Melissa Etheridge.

Ohio Attorney General Rejects Wording on Medical Marijuana Initiative. State Attorney General Mike DeWine (R) has rejected a third petition for a medical marijuana constitutional amendment. He said there were five discrepancies between the language of the proposal and its summary language.

Heroin

New Hampshire Governor Signs Heroin Bills. Gov. Maggie Hassan (D) has signed into law two bills, Senate Bill 447 and Senate Bill 576 that were part of a comprehensive proposal to deal with heroin and opiate addiction she put forth last fall. The former bill creates a study commission on using naloxone more broadly, while the second increases penalties for the sale of fentanyl, requires insurance companies to use similar evaluation criteria to streamline access to drug treatment, and strengthening the state's prescription monitoring program.

Wisconsin Legislature Approves Package of Prescription Monitoring Bills. The state Senate last week gave final approval to the package, which is aimed at reducing heroin use by requiring pharmacists to register prescriptions within 24 hours and requiring police to register prescription drugs found at the scene of an overdose. The package now goes to Gov. Scott Walker (R) for his signature.

New Psychoactive Substances

Massachusetts Bill Would Criminalize More Than a Dozen New Synthetic Drugs. State Rep. Tim Whelan (R-Brewster) has cosponsored a bill that would specifically target 19 new psychoactive substances listed as controlled substances by the DEA. The possession, manufacture, and distribution of the drugs would be criminalized under the bill.

Drug Testing

South Dakota Governor Rejects Welfare Drug Testing. Gov. Dennis Daugaard (R) is not supporting a recently filed bill to require suspicionless drug testing of welfare recipients. He said he had not been enthusiastic about similar bills in the past, that the effort was a waste of money, and it is "somewhat insulting."

International

Israeli Likudnik MK Filed Marijuana Decriminalization Bill. Member of the Knesset Sharren Haskel (Likud) has filed a bill to decriminalize pot possession. Such bills usually come from the left of the Israeli political spectrum. "More than a million Israelis occasionally consume cannabis, and the population that uses it is mostly not a criminal population," wrote Haskel. "These are normative people from all parts of society -- academics, public representatives, and others, who consume cannabis in their leisure time."

Key Mexican Lawmaker Calls for Marijuana Legalization, Medical Access. The president of Mexico's chamber of deputies, Jesus Zambrano, is calling for both medical and recreational marijuana use to be legalized. "The topic has its international component and efforts need to be combined, particularly between the United States and Mexico, to have common rules, laws that are essentially identical, though each with its own modalities, because we are distinct, but the United States must help our country apply, for instance, legalization of marijuana for medical and recreational use," said Zambrano. His was the opening salvo in a national debate on the topic that began Sunday.

Medical Marijuana Update

A handful of dispensaries open in New York, dispensary applications are now available in Hawaii, it looks like Florida will get another chance to vote for medical marijuana, and more.

National

Last Friday, a federal court okayed firing an employee for medical marijuana use. A federal district court in New Mexico has held that an employer is not obligated to accommodate an employee's use of medical marijuana, even when the drug had been supplied to the employee by a state-legal medical marijuana program. The ruling came in the case of an AIDS patient whose job offer was yanked after he tested positive for marijuana metabolites during a pre-employment drug test. The court noted that marijuana remains illegal under federal law.

Arizona

As of Wednesday, Arizona GOP legislators are trying to chip away at medical marijuana access. Rep. Kelly Townsend (R-Mesa) has filed House Bill 2061, which would bar pregnant women from qualifying for the medical marijuana program, and Rep. Jay Lawrence (R-Scottsdale) has filed House Concurrent Resolution 2019, which removes homeopaths and naturopaths from the list doctors who can issue medical marijuana recommendations.

California

As of Wednesday, a fix was in the works for the state's medical marijuana regulation deadline. Legislators are working to fix a provision of the medical marijuana regulation law that requires localities to pass their own rules by March 1 or face loss of regulatory control to the state. The provision has caused a stampede of cities and counties seeking to get measures in place by that date, with most of them resorting to simple bans. The Senate Finance Committee last week passed a bill to remove the date.

Florida

Last Monday, the medical marijuana initiative campaign handed in signatures. United for Care, the group leading the campaign, handed in more than one million raw signatures to state officials. The group needs only 683,149 valid signatures to qualify for the November ballot. In 2014, United for Care's initiative failed even though it won 58% of the vote. Because it was a constitutional amendment, it needed 60% to pass.

Hawaii

Last Tuesday, dispensary applications became available online. Applications must be submitted online and will only be accepted during the application period of Jan. 12, 2016, 8:00am Hawaii Standard Time (HST) to Jan. 29, 2016, 4:30pm HST. Get the online application here. There's a $5,000 application fee. Read about dispensary license requirements here.

Missouri

On January 7, a medical marijuana initiative was approved for signature gathering. An initiative from New Approach Missouri has been approved for circulation by the secretary of state's office. The group is seeking 250,000 raw signatures to ensure it meets the requirement of 160,000 valid voter signatures to qualify for the ballot. The campaign estimates it will cost $800,000 for paid signature gathering and is trying to raise funds now.

New Hampshire

Last Friday, the state approved its first medical marijuana production facility. The Department of Health and Human Services said last Friday that it has approved the first of three locations to grow medical marijuana and started mailing out ID cards. Some 176 Granite Staters have qualified to use medical marijuana so far.

New York

On January 7, the state's first dispensaries opened for business. Eight dispensaries opened in the state, a slow start to a medical marijuana program in a state with nearly 20 million people. The state has authorized another 12 to open later this month.

Last Monday, the state failed to approve PTSD and other health conditions for medical marijuana use. The state Health Commissioner determined there is not yet enough evidence of effectiveness to approve the use of medical marijuana to treat PTSD, Alzheimer's disease, muscular dystrophy, dystonia, and rheumatoid arthritis. The commissioner can, however, add qualifying conditions at any time and will be meeting with specialists to evaluate new scientific evidence as it becomes available.

Ohio

Last Thursday, lawmakers formed a medical marijuana task force. Ohio House Republicans unveiled details on a new task force on medical marijuana. In November, voters rejected Issue 3, which would have included medical marijuana in a broader legalization initiative, but there is broad popular support for medical marijuana in the state. Recent public opinion polls show 85% support medical marijuana.

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

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