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Chronicle AM: Pain Pills to Get "Black Box" Warning, FL to Get Syringe Exchanges, More... (3/23/16)

The Vermont marijuana legalization bill gets a first House hearing, it's do or die tomorrow for Georgia CBD legislation, the FDA orders "black box" warnings for quick-acting prescription opioids, Florida's governor has signed a syringe exchange bill into law,and more.

The FDA is mandating a "black box" warning for opioid pain pills. (wikimedia.org)
Marijuana Policy

Arizona Legalization Campaign Has Raised Ten Times More Funds Than the Opposition. According to a new report from the Arizona Center for Investigative Reporting, the Campaign to Regulate Marijuana Like Alcohol has raised $1.1 million for its legalization effort, while the leading group opposing legalization, Arizonans for Responsible Drug Policy, has raised only $90,000. The legalization campaign needs 150,642 valid voter signatures to qualify for the November ballot. It already has 180,000 raw signatures and says it aims to collect 225,000 to have a nice cushion.

Vermont Legalization Bill Gets House Panel Hearing. The House Judiciary Committee Tuesday heard testimony on the legalization bill, Senate Bill 241, from representatives of state police, prosecutors, and sheriffs. The witnesses said legalization would not end the black market, worried about out-of-state pot tourists driving under the influence, and called for a marijuana DUID law. More hearings are coming.

Dallas City Council Rejects Ticketing Instead of Arresting Pot Possessors. The city council has backed away from a plan to ticket small-time pot possessors after realizing that state law prevents the city from imposing the policy outside of Dallas County. Tiny portion of the city of Dallas extend into neighboring Collin, Denton, Kaufman, and Rockwell counties. The idea had been supported by the police chief and several council members.

Medical Marijuana

Last Chance for Georgia CBD Expansion Tomorrow. The legislative session ends at midnight tomorrow, and lawmakers will have a chance to take up a bill that would expand qualifying conditions for the state's CBD medical marijuana registry. The measure, House Bill 722, was defeated earlier in the session, but lead sponsor Rep. Allen Peake (R-Macon) has added it as an amendment to another bill to try to get it through tomorrow.

Iowa Patients, Supporters Rally in Des Moines. Hundreds of people gathered on the steps of the state capitol Tuesday to urge lawmakers to approve a comprehensive medical marijuana program. "This is not a partisan issue. This is something for the health and safety of our citizens," said Windsor Heights Mayor Diana Willits. "It truly is heartbreaking that legislators are not paying attention to their citizens and their constituents. It's time for everybody to put their political obstacles aside and do what's right in a nonpartisan way." The state passed a 2014 law allowing patients with epilepsy to use CBC cannabis oil, but that law did not provide for manufacturing or distributing the medicine in the state. A bill this year, House File 2384, would establish two grow facilities in the state and allow use of CBDs by patients who suffer from epilepsy, multiple sclerosis or terminal cancer. It is still being debated at the committee level. A recent poll had support for medical marijuana at 78%.

Ohio Medical Marijuana Bill Coming. Sen. Kenny Yuko (D-Richmond Heights) said Tuesday he plans to introduce a medical marijuana bill shortly. Yuko said the legislature needs to act on medical marijuana this spring or see the decision possibly taken out of its hands by the voters. There are at least three medical marijuana initiative campaigns brewing.

Asset Forfeiture

Mississippi Asset Forfeiture Reform Bill Survives Legislative Deadline. Tuesday was the day bills approved by one chamber had to see committee action in the other chamber or die, and House Bill 1410, the Asset Forfeiture Transparency Act, survived. It was approved by the Senate Accountability, Efficiency, Transparency Committee Tuesday afternoon and is now headed for a Senate floor vote. The bill would not end civil asset forfeiture, but require state officials to maintain a searchable database of all cash and property seized by law enforcement.

Heroin and Prescription Opioids

FDA Says Opioid Pain Relievers Will Have to carry "Black Box" Warnings. The Food and Drug Administration (FDA) announced Tuesday it will require immediate-release opioids to carry a "black box" warning label alerting users to the risks of misuse, addiction, overdose, and death. The warnings will refer users to the manufacturer's website for details. "Opioid addiction and overdose have reached epidemic levels over the past decade, and the FDA remains steadfast in our commitment to do our part to help reverse the devastating impact of the misuse and abuse of prescription opioids," FDA Commissioner Robert Califf, MD said in a news release. "Today's actions are one of the largest undertakings for informing prescribers of risks across opioid products, and one of many steps the FDA intends to take this year as part of our comprehensive action plan to reverse this epidemic."

Democratic Rep. Tears Into Pharma Company for Price-Gouging on Overdose Reversal Drug. Rep. Elijah Cummings (D-MD) used his opening remarks at a House Committee on Oversight and Government Reform hearing on heroin use to rip into Amphastar Pharmaceutical, the manufacturer of the overdose reversal drug naloxone (Narcan), for trying to profit off the crisis. "We can no longer allow drug companies to keep ripping off the taxpayers for life-saving medications," Cummings said. "Cities all around the country have recognized the need to equip their first responders, police officers and public health officials with naloxone -- a drug that can reverse opioid overdoses in a matter of minutes."

Harm Reduction

Florida Governor Signs Syringe Access Bill. Gov. Rick Scott (R) today signed into law the Miami-Dade Infectious Disease Elimination Act (IDEA Act), which will allow for the creation of needle exchanges.

International

Commission on Narcotics Drugs Meeting Ends, Now on to the UNGASS on Drugs. The 59th session of the Commission on Narcotic Drugs (CND) ended Tuesday in Vienna. The meeting and its outcome document are laying the groundwork for the UN General Assembly Special Session (UNGASS) on drugs at UN headquarters in New York next month.

Latin America's Largest Medical Marijuana Crop Now Being Harvested. Workers near the city of Colbun in central Chile have begun harvesting some 6,000 marijuana plants destined for 4,000 Chilean medical marijuana patients. The operation is being overseen by the Daya Foundation, which has hired 60 local temporary workers for the job. "It is an important day. We want it to be the first harvest of many more to come in Latin American countries," Ana Maria Gazmuri, president of the Daya Foundation.

Chronicle AM: Joep, We Miss You; Supreme Court Rejects NE, OK Pot Lawsuit; Bud Business Going Big, More... (3/21/16)

The international drug reform movement has lost a valued member way too soon, the Supreme Court rejects Nebraska and Oklahoma's efforts to derail Colorado's pot law, a new report says the pot business is going big, Ohio medical marijuana initiatives keep hitting roadblocks, and more.

A $23 billion industry by 2020? Arcview thinks so. (wikimedia.org/hampuforum)
Marijuana Policy

Supreme Court Rejects Nebraska and Oklahoma Lawsuit Over Colorado Marijuana Legalization. The US Supreme Court today declined to hear the case brought by Nebraska and Oklahoma against Colorado's marijuana legalization law. The two states had claimed the Colorado law created an increased law enforcement burden in their states and claimed that federal marijuana prohibition trumps the state law. But the Obama administration urged the high court to reject the case, and today it did on a 6-2 vote.

Legal Marijuana Could Be a $23 Billion Business By 2020, Report Says. In its 4th Edition State of Legal Marijuana Markets Report, the Arcview Market Research and the data-analysis firm New Frontier said that the legal marijuana industry is creating thousands of jobs and is online to reach $23 billion in sales by 2020, driven largely by adult use.

Vermont House Panels Will Hold Hearing on Pot Legalization Bill on March 31. The House committees on Judiciary and on Government Operations will hold a joint hearing on the marijuana legalization bill, Senate Bill 241. The measure has already passed the Senate, and Gov. Peter Shumlin (D) supports it. If the bill passes, Vermont will become the first state to legalize it via the legislative process.  

Medical Marijuana

Ohio Attorney General Rejects Two More Initiatives. It's back to the drawing board for two more medical marijuana initiatives after Attorney General Mike DeWine found problems with their ballot language. The Medical Cannabis and Industrial Hemp Amendment, submitted by a group led by attorney and veteran marijuana activist Don Wirstshafter, had inconsistencies between its text and its summary, DeWine said. Last Friday, he rejected a fourth petition for the Ohio Medical Cannabis Amendment for similar reasons. The groups behind the initiatives will now have to gather an additional 1,000 signatures and then resubmit their initiatives.

Heroin and Prescription Opioids

New CDC Prescribing Guidelines Urge Doctors Not to Test for Marijuana. New Centers for Disease Control and Prevention (CDC) guidelines aimed at reducing opiate addiction and overdose deaths recommend that doctors stop drug testing patients for the presence of THC and discourages them from dropping patients who test positive for pot. "Clinicians should not test for substances for which results would not affect patient management or for which implications for patient management are unclear. For example, experts noted that there might be uncertainty about the clinical implications of a positive urine drug test for tetrahyrdocannabinol (THC),” the guidelines state. "Clinicians should not dismiss patients from care based on a urine drug test result because this could constitute patient abandonment and could have adverse consequences for patient safety, potentially including the patient obtaining opioids from alternative sources and the clinician missing opportunities to facilitate treatment for substance use disorder."

Asset Forfeiture

Utah Poll Has 86% Opposing Current Asset Forfeiture Laws. A new Public Policy Polling survey commissioned by Drug Policy Action, the lobbying arm of the Drug Policy Alliance, shows overwhelming dissatisfaction with the state's civil asset forfeiture laws. More than three-quarters (77%) of respondents said they were unaware of civil asset forfeiture, but when provided a brief summary, 86% supported the position that "Police should not be able to seize and permanently take away property from people who have not been charged with a crime." The poll comes as asset forfeiture reform legislation has been stalled by organized opposition from law enforcement.

Pregnancy

Tennessee Law That Criminalized Drug Use By Pregnant Women Could Be Modified. On Tuesday, lawmakers will vote to amend the state's "fetal assault" bill, which makes it a crime for women to use drugs while pregnant. The amendment being offered would only prosecute woman who are more than 25 weeks pregnant.  But advocates are calling for a better solution: don't renew the law.

International

European Drug Reform Stalwart Joep Oomen Dead at 54.Joep Oomen, a key figure in European civil society drug reform efforts, has died unexpectedly of natural causes at his home in Antwerp, Belgium. He was found by colleagues dead in bed Friday when they went looking for him after he failed to show up for a meeting.  He was 54 years old. A veteran activist with more than a quarter century of organizing under his belt, Oomen was the co-founder of numerous drug reform NGOs, including the European Coalition for Just and Effective Drug Policies (ENCOD), the Trekt Uw Plant cannabis cultivation social club in Antwerp, and the Dutch Union for the Abolition of Cannabis Prohibtion (VOC). Joep's vision of a world without drug war drew his attention beyond Europe's borders as well. He had been active with groups like Mama Coca and Friends of the Coca Leaf in working to see the coca plant treated with the respect it deserves, and had been a steady presence at organizing around the United Nations' international drug prohibition bureaucracy. We consider Joep a friend and colleague. We are shocked and saddened by his untimely departure.  

Chronicle AM: VT Gov Urges Lawmakers to Pass Legal Pot Bill, House Dems Urge Obama to Stand Tall at UNGASS, More... (3/18/16)

The taxman is happy in Oregon, Vermont's governor would be happy if the House passed the pot bill, New Orleans is a signature away from decriminalizing pot, Wisconsin's governor signs a package of bills to tamp down heroin and pain pill use, and more.

Some House Democrats are calling on President Obama to use the UNGASS on Drugs as a bully pulpit for global drug reform.
Marijuana Policy

Oregon Took in $3.48 Million in Marijuana Taxes in January. Even though legal marijuana is still for sale only through medical marijuana dispensaries, the state still sold an estimated $14 million worth of non-medical weed, resulting in the $3 million-plus funding gift to the state. State officials had predicted the take would be about $1 million.

Vermont Governor Urges House to Pass Legalization Bill. Gov. Peter Shumlin (D) told legislators "the time is now to take a smarter approach to marijuana" in a statement released Friday. "The stakes are important. The bill passed by the Vermont Senate would represent the most careful, deliberate attempt to regulate marijuana in America. Before passing the bill, the Senate took testimony from experts, asked the right questions, and learned lessons from those states that have legalized marijuana already. The result is a bill to create a system which would represent a huge improvement over the status quo….The choice in front of Vermonters and their elected representatives in the next couple of months is whether we want our state to take a rational step to end an antiquated War on Drugs policy that almost everyone agrees has failed. We can take a smarter approach in Vermont and be prepared for whatever other states around us do. But we must have the courage to do it." The House has taken up the legalization bill, Senate Bill 241, this week.  

New Orleans City Council Approves Decriminalization. The council voted unanimously Thursday night to approve an ordinance allowing police to write tickets instead of arresting people caught in possession of small amounts of marijuana. Fines will start at $40 and be capped at $100. The ordinance still needs to be signed by Mayor Mitch Landrieu.

Heroin and Prescription Opioids

Wisconsin Governor Signs Bill Package Targeting Heroin, Pain Pills. The package signed by Gov. Scott Walker (R) includes Assembly Bill 364, which requires doctors to check a database whenever they fill or refill a prescription for abusable drugs; Assembly Bill 365, which requires police to provide information to the Prescription Drug Monitoring database when they find evidence of prescription drugs being abused or stolen; Assembly Bill 366, which requires pain clinics to be certified by the state; Assembly Bill 367, which requires methadone clinics to provide relapse and other information to the state;  Assembly Bill 658, which makes it a crime to possess a use a masking agent to foil a drug test; and Assembly Bill 659, which streamlines rules for opioid treatment programs.

Drug Policy

House Democrats Urge Obama to Go Big at the UNGASS on Drugs. Fourteen House Democrats have urged President Obama to use the UNGASS as a bully pulpit for a call for substantive global drug reforms and moving away from failed criminalization strategies. Led by Reps. Earl Blumenauer (OR) and John Conyers (MI), the group urged the president to "take full advantage of this timely and powerful event to communicate our progress toward a more effective, science-based approach to drugs to the rest of the world." The Democrats called for Obama himself to deliver the US position before the General Assembly. "That unique platform gives you the opportunity to elevate the 2016 UNGASS on the World Drug Problem and change the way drug policy is approached, not only domestically, but also around the world, establishing the United States’ commitment to a new approach on an international scale," the letter reads.

International

Canada Petition Calling for Full Marijuana Legalization Gaining Steam. A petition asking the Canadian government to fully repeal marijuana prohibition is picking up signatures, especially in British Columbia. There are more than 12,000 signatures so far, more than 5,000 of them from BC. The petition launched by federal Green Party leader Elizabeth May calls for removing marijuana from the Controlled Drugs and Substances Act, ending police actions against existing storefronts, granting of pardons and expungements of criminal records to pot criminals, and leaving the regulation and taxation of marijuana commerce to the states. The Liberal government has said it is going to legalize it, but it hasn't said how or when. 

This Week's Corrupt Cops Stories

Another DEA scandal is brewing in the Big Easy, more jail guards gone wild, another cop with a pill problem, and more. Let's get to it:

In New Orleans, a "golden boy" DEA agent is at the center of an investigation into misconduct in a multi-agency drug task force he led. An FBI-led criminal inquiry has focused on several sheriff's deputies who served on the task force and are suspected of stealing cash and selling drugs. The problems with the DEA in New Orleans resulted last month in the head of the New Orleans being recalled to Washington.

In Lisbon, Ohio, a Columbiana County jail guard was arrested last Friday as he tried to smuggle drugs into the jail. Corrections Officer Steven Michael Hamilton, 27, was caught carrying joints, pills, and loose tobacco into the jail hidden inside a Burger King bag. He admitted being paid $50 to do so. He is charged with illegal conveyance of a drug of abuse.

In Corinth, Mississippi, an Alcorn County jail guard was arrested last Saturday as he tried to smuggle drugs, alcohol, and other contraband into the jail. Acting on a tip, sheriff's deputies searched Ethan Wayne Little's vehicle when he reported to work and found meth, cocaine, marijuana, tobacco, alcohol, and a cell phone bundled in a package. It's not clear what the precise charges are.

In Wilkes-Barre, Pennsylvania, a former Dupont police officer was convicted Tuesday of letting a drug dealer go free in exchange for prescription pain killers. Kenneth Shotwell, 46, was convicted of bribery, obstruction of justice, and official oppression. He went down after pulling over the known dealer, accusing him of driving on a suspended license, and then letting him go in exchange for oxycodone tablets.

In Sacramento, California, a former deputy US Marshal was sentenced last Thursday to 10 years in federal prison for ripping off 24 pounds of marijuana from drug dealers in Yuba City. Clorenzo Griffen, 38, and two acquaintances stole the weed at gunpoint in a motel parking lot, but then attracted the attention of a Highway Patrol officer by blowing through a stoplight as they fled. The robbers then abandoned their vehicle, and Griffen ran into a nearby building—which happened to be the Sutter County Sheriff's Office—where he was arrested.

In Philadelphia, a former prison guard was sentenced Monday to 2 ½ years in federal prison for delivering OxyContin pills to prisoners in return for cash. Joseph Romano, 31, pleaded guilty in December to attempted organization and two counts of attempted distribution of controlled substances. He quickly confessed to his offenses, and that confession helped lead to a sting that resulted in the indictment of five other prison guards. Romano said he was addicted to opioates because of an injury and said he would focus on his recovery. 

Chronicle AM: ME Legalizers Sure Over Invalidated Signatures, Civil Society Groups Sign UNGASS Letter, More... (3/10/16)

A South Dakota GOP lawmaker tells the parents of sick kids they should move to another state if they want to use CBD cannabis oil, Maine legalizers are suing over disqualified signatures, the Senate passes a major bill dealing with heroin and opiates, but without funding, and more. 

UNGASS on Drugs is now just five weeks away. (Creative Commons)
Marijuana Policy

Maine Legalization Initiative Files Lawsuit Over Disqualified Signatures. The Campaign to Regulate Marijuana Like Alcohol today filed a lawsuit in Kennebec County Superior Court challenging a decision by the secretary of state to disqualify more than 17,000 voter signatures because of an issue surrounding one notary's signature. That was enough to knock the measure off the fall ballot, but the campaign says the signatures should be counted because the notary's signature does indeed match the one on file and because the secretary of state acted outside his authority in rejecting the petitions. The court has 30 days to rule.

North Dakota Legalization Initiative Approved for Signature Gathering. Secretary of State Al Jaeger Wednesday approved a marijuana legalization initiative for circulation. Organizers now have until July 11 to gather at least 13,452 valid voter signatures. They say they are aiming at 20,000 to have a cushion.

Medical Marijuana

South Dakota House Kills CBD Cannabis Oil Bill. A bill that would have allowed for the use of CBD cannabis oil was killed in the House Wednesday on a 25-43 vote, with one "no" voter suggesting parents who lobbied for it should move to another state. The measure, Senate Bill 171, had already passed the Senate, and Republican Gov. Dennis Daugard had suggested he would sign it. Rep. Kristin Conzet (R-Rapid City) told people suffering seizure disorders they should move elsewhere. "I don’t like the road that we’re going down at this time," she said. "This is not a bill for South Dakota."

Heroin and Opiates

Senate Overwhelmingly Passes Landmark Opioid Bill – the Comprehensive Addiction and Recovery Act (CARA). The measure now goes on to the House. CARA advances a large number of treatment and prevention measures intended to reduce prescription opioid and heroin misuse, including evidence-based interventions for the treatment of opioid and heroin addiction and prevention of overdose deaths.

White House Will Announce Funding to Fight Drug Addiction. Just hours after the Senate passed the Comprehensive Addiction and Recovery Act (CARA), the Obama administration said it will announce "a significant federal investment" to help fund its goals. Democrats had tried unsuccessfully to add $600 million in funding to the bill, but were blocked by Republicans.

Asset Forfeiture

Florida Poll Finds Strong Support for Ending Civil Asset Forfeiture. A new poll released by Drug Policy Action finds that 84% of registered Florida voters do not think police should be able to seize property from people who have not been convicted of a crime. And two-thirds of those polled said they would be more likely to support a presidential candidate who opposed civil asset forfeiture.  The poll comes as an asset forfeiture reform bill, Senate Bill 1044, passed out of the legislature Wednesday and awaits the signature of Gov. Rick Scott (R).

Drug Testing

West Virginia House Overwhelmingly Approves Welfare Drug Testing Bill. The bill, Senate Bill 6, would mandate drug testing for any welfare applicant who gives state workers "reasonable suspicion" he or she is using drugs, including having a drug conviction in the previous three years. The bill has already been approved by the Senate, but that body will have to take it up again in concurrence since the House added amendments note voted on in the Senate.

International

Civil Rights, Health, Faith-Based, Justice Reform Groups Call on Obama to Push to End Global Drug War. More than 225 civil rights, health, faith-based and other organizations sent a letterto President Obama Thursday calling on him to use an upcoming United Nations high-level session on global drug policies to push for a fundamental change in course away from criminalization. The letter was submitted as the UN prepares for its highest level session on drug policy since 1998 – the "UN General Assembly Special Session on the World Drug Problem,"or UNGASS, scheduled for April 19-21 at UN headquarters in New York. US diplomats and drug and crime officials have played a central role in negotiations over the UNGASS Outcome Document, an official product of the meeting that will impact policy.The sign-on campaign for the letter was coordinated by David Borden, executive director of StoptheDrugWar.org.

Chronicle AM: US Signals Flexibility on International Drug Reforms, Senate Set to Approve CARA, More... (3/9/16)

In the run-up to UNGASS, the US is signalling some flexibility if other countries want to decriminalize drugs, the Senate is poised to pass a bill to deal with heroin and prescription opiate use, crackdowns could be coming for unpermitted dispensaries in Los Angeles and San Diego, and more.

State Department's William Brownfield signals "flexibility" on other countries' drug reform efforts. (state.gov)
Marijuana Policy

Illinois Decriminalization Bill Wins Senate Committee Vote. The Senate Criminal Law Committee voted Tuesday to advance a decriminalization bill, Senate Bill 2228, sponsored by Sen. Heather Steans (D-Chicago). The bill would drop criminal penalties for possession of less than 10 grams of pot, but also set a limit at which someone can be prosecuted for drugged driving at 5 nanograms of THC per milliliter of blood. A decrim bill was vetoed last year by Gov. Bruce Rauner (R); this one attempts to address his concerns by lowering the amount decriminalized, increasing the fine from $100 to $200, and by lowering the nanogram limit.

Colorado Springs Wants Its Cannabis Social Clubs to Go Away. The city council voted Tuesday night to ban "cannabis consumption clubs" despite overwhelming public support for them at the council before the vote was taken. But it isn't going to happen overnight. The council gave the clubs eight years to shut down. In the meantime, they will have to be licensed by the city and pay for the privilege of doing so.

Medical Marijuana

Los Angeles County to Crack Down on Illegal Dispensaries. The county supervisors voted Tuesday to crack down on dispensaries in unincorporated areas of the county. The county will create a "Medical Marijuana Dispensary Enforcement Team" to shut down and prosecute the unpermitted operations, which have been banned since 2011.

San Diego Licensed Dispensaries Call for Crackdown on Unlicensed Ones. The Association of Cannabis Professionals, which represents licensed dispensaries, is calling on the city to shut down dispensaries operating without a license. There are an estimated 30 unpermitted dispensaries in the city, and the seven licensed ones are claiming they can't compete because of the increased costs they bear to get and stay legal. "The City of San Diego spent nearly four years developing regulations, and our members spent nearly two years, and hundreds of thousands of dollars, to meet the conditions needed to obtain their permits from the City of San Diego,” says Association President Chris Siegel. “But despite having jumped through all of these hoops and costs, in order to do things right, the City continues to allow unpermitted dispensaries to operate with impunity."

Heroin and Prescription Opioids

Senate About to Pass Comprehensive Addiction and Recovery Act. Senators voted 83-6 to advance the bill Monday, setting the stage for a final vote sometime this week. The bill, S 524, is sponsored by Sen. Sheldon Whitehouse (D-RI) and has 42 cosponsors. It would provide support drug treatment, education, and prevention initiatives, and expanded prescription drug monitoring programs.

Harm Reduction

Iowa Senate Approves Opioid Overdose Reversal Drug Bill. The Senate voted 48-0 Tuesday to approve Senate File 2218, which would allow police, fire departments, EMS programs and others to carry and use naloxone (Narcan), the opioid overdose reversal drug. The bill now goes to the House

International

Top State Department Official Gives Green Light for Other Countries to Decriminalize Drugs. William Brownfield, Assistant Secretary of State for International Narcotics and Law Enforcement Affairs ("drugs and thugs"), told reporters at the United Nations Tuesday that it was less concerned with how countries attempted to deal with drug problems than with reducing the harms from drug use. "The issue is not precisely whether a government has chosen to decriminalize or not to decriminalize," Brownfield remarked. "It is whether the government is working cooperatively to reduce the harm of a product. A nation can reach its own determination," he added, suggesting that countries should feel free to consider removing penalties for drug use.

Chronicle AM: Senate Kills $600 Million in Emergency Heroin Funding, UT Calls for Pot Rescheduling, More... (3/3/16)

The Utah (!) legislature has passed a resolution calling for marijuana rescheduling, there will be no pot drive-throughs in Oregon's largest city, Senate Republicans kill $600 million in emergency funding to fight heroin and opioid abuse, and more.  

"Strike Dead" brand heroin. (New Jersey State Police)
Marijuana Policy

Pot Legalization in the US Is Hurting Mexican Marijuana Exports. According to data from the U.S. Border Patrol, marijuana seizures along the US border are at their lowest level in at least a decade, with agents seizing 1.5 million pounds of pot, down from 4 million in 2009. Even government officials, such as Office of National Drug Control Policy (ONDCP) head Michael Botticelli, have suggested the decline is the result of increasing domestic production with four states have legalizing it already.

Pittsburgh Decriminalization Ordinance Being Fine-Tuned. The decrim  ordinance passed by the city council last week is on hold as city lawyers try to figure out how to impose fines on violators. The head of the Allegheny County Court of Common Pleas, Judge Jeffrey Manning, says the city can't file the citations with the court because the court must enforce state law. In the meantime, police continue to file misdemeanor pot possession charges instead of citations.

Portland, Oregon, Kills Drive-Through Pot Sales. The city council voted unanimously Wednesday to ban recreational marijuana drive-through sales, even though no one has any planned for the city. State law bans drive-through alcohol sales, but is silent on marijuana. At least one Oregon town, Gold Beach, has a drive-through slated to open next month.

Medical Marijuana

Utah Lawmakers Call for Marijuana Rescheduling. Both houses of the legislature have now unanimously approved a resolution, SCR11, which calls on the federal government to reschedule marijuana after the House approved it yesterday. The resolution now goes to the governor.

Heroin and Prescription Opioids

Senate Republicans Block $600 Million in Funding to Tackle Heroin and Opioids. In a 48-47 procedural vote on the Comprehensive Addiction and Recovery Act (Senate Bill 524) Wednesday, Senate Republicans killed a $600 million emergency funding amendment intended to improve prescription monitoring, fund treatment and prevention, and help law enforcement fight heroin and opioid use. Nearly half ($240 million) of the funds would have gone to law enforcement. Republican critics called it "duplicative," while drug reformers scorned its law enforcement funding component.

Asset Forfeiture

Wisconsin Asset Forfeiture Reform Bill Killed. Despite strong bipartisan support, a civil asset forfeiture reform bill, Assembly Bill 537, is dead, killed by fevered law enforcement lobbying and the strong opposition of a Republican committee chair. Rep. Joel Kleefisch (R-Oconomowoc) refused to move the bill.  

Law Enforcement

New Jersey Lab Tech Faked Results in Drug Case, Thousands More Cases Now in Question. A State Police lab technician has been caught faking the results in a drug case, throwing into doubt more than 7,000 drug cases on which he had worked. Tech Kamlkant Shah "dry labbed" a suspected marijuana sample, meaning he ran no tests on it before writing "test results" that identified it as marijuana. He has been suspended without pay since January. Although he has only been caught "dry labbing" that one sample, all of his cases are now in doubt, prosecutors said.

International

Mexico Suffering Crisis of "Violence and Impunity," Human Rights Report Says. In a new report, the Inter-American Human Rights Commission said tens of thousands of cases of torture, disappearances, and killings go uninvestigated in Mexico, leading to a "a serious crisis of violence and impunity." More than 120,000 have been killed in the country's drug wars since 2006 and another 27,000 have disappeared.  

Chronicle AM: PR Governor Says Legalize It, WY Asset Forfeiture Reform Bill Signed, More... (3/1/16)

Puerto Rico's governor says legalize it, Wyoming's effort to felonize marijuana edibles dies, MPP rolls out its Ohio medical marijuana initiative, and more. 

Puerto Rican Gov. Alejandro Garcia Padilla (Creative Commons)
Marijuana Policy

Puerto Rico Governor Calls for Pot Legalization. Outgoing Gov. Alejandro Garcia Padilla called for marijuana legalization as he gave his last public address as governor Monday. He said doing so would lower both crime and hypocrisy. He said that at the least, legislators should approve a 2013 bill to decriminalize pot possession.

Wyoming Edibles Bill Dies as Lawmakers Tussle Over Making Possession a Felony. A Senate-passed bill, Senate File 96, that made it a felony to possess more than three ounces of marijuana edibles died Monday after failing to advance before a legislative deadline. The House Judiciary Committee last week stripped out the felony provision, but legislative squabbling left the bill dead. The bill was deemed necessary after a pair of state judges ruled that the state's marijuana laws did not apply to edibles. "There really is concern that if you overreach, you can turn activity that was lawful in one state into a felony on this side of the border, and while you may feel that’s the right way, you want to be careful before you undertake to put people in prison for that type of activity, explained Senate Majority Leader Phil Nicholas (R-Laramie). 

Medical Marijuana

MPP Rolls Out Ohio Medical Marijuana Initiative. The Marijuana Policy Project-backed Ohioans for Medical Marijuana has rolled out its proposed constitutional amendment to allow for medical marijuana. The proposal calls for 15 large-scale grow operations and an unlimited number of smaller grows, with five types of business licenses for growers, manufacturers, and retailers. Personal medical marijuana grows would not need to be licensed.

Texas Poll Shows Strong Support for Medical Marijuana. A new Texas Tegna poll suggests Texans are ready to move beyond the limited legalization of CBD cannabis oil and go for full-blown medical marijuana. The poll found that 71% supported expanding the program, with only 19% opposed.

Asset Forfeiture

Indiana Sued Over Asset Forfeiture Fund Disbursements. The Institute for Justice has sued the state to try to force it to enforce its own asset forfeiture laws. They require that proceeds from seizures go to a schools fund, but that hasn't been happening. Instead, police and prosecutors have been keeping the proceeds for themselves.

Wyoming Governor Signs Asset Forfeiture Reform Bill. Last year, Gov. Matt Mead (R) vetoed a bill that would have ended civil asset forfeiture reform, but on Monday he found an asset forfeiture bill he could get behind. Mead signed into law Senate File 46, which does not end civil asset forfeiture, but imposes tighter rules on it. Now, people whose property is seized will get a probable cause hearing within 30 days, with a judge deciding whether to proceed with forfeiture. If property owners can prove they are innocent, the state will have to reimburse their legal costs.

Harm Reduction

Oregon Legislature Unanimously Approves Opioid Overdose Reversal Drug Bill. Following in the footsteps of the House, the Senate Monday unanimously approved House Bill 4124, which allows pharmacists to dispense naloxone (Narcan®) without a prescription. The bill also expands the Prescription Drug Monitoring Program so that emergency room physicians will be able to access the database.

Law Enforcement

Judge Denies Federal Government's Motion to Unlock iPhone in Drug Case. Magistrate Judge James Orenstein in Brooklyn, New York, has denied a government motion to compel Apple to help it unlock an iPhone in a drug case. "Ultimately, the question to be answered in this matter, and in others like it across the country, is not whether the government should be able to force Apple to help it unlock a specific device; it is instead whether the All Writs Act resolves that issue and many others like it yet to come," the ruling says. "For the reasons set forth above, I conclude that it does not. The government's motion is denied." The Justice Department said it would ask Orenstein to review his decision in coming days.

International

Myanmar Christian Anti-Drug Vigilantes Retreat. The Pat Jasan movement, which had attempted to destroy opium crops in Kachin state, has abandoned its efforts after dozens of its members were attacked last week. Some 30 vigilantes were injured in grenade and gunfire attacks by unidentified assailants as they tried to clear poppy fields. 

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.

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.

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