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Chronicle AM: Trump Vows to Win Drug War, Sessions Rejects Marijuana Legalization, More... (3/1/17)

The Trump administration's posture toward drug and marijuana reform is becoming evident, Philippines President Duterte is reenlisting the National Police in his drug war, the Colombian government and the FARC are working together on coca crop substitution, and more.

Trump wants more drug war. (Creative Commons/Wikimedia)
Marijuana Policy

Attorney General Sessions Scoffs at Marijuana Legalization. "We have a responsibility to use our best judgment… and my view is we don't need to be legalizing marijuana," he said at the winter meeting of the National Association of Attorneys General. "I'm dubious about marijuana. I'm not sure we're going to be a better, healthier nation if we have marijuana sold at every corner grocery store." He also ridiculed the notion that using marijuana could be a cure for opioid abuse, calling it "a desperate attempt" to defend marijuana. But he did concede that "maybe science will prove me wrong."

California Bill to Address Pot-Impaired Driving Advances. A bill that calls on the state Highway Patrol to form a task force to develop methods for identifying drivers impaired by marijuana or prescription drugs and for an evaluation of technologies for measuring marijuana impairment has passed out of the Assembly Public Safety Committee. Assembly Bill 6 now heads to the Assembly Appropriations Committee.

Drug Policy

Trump Vows to Win War on Drugs; Doesn't Mention Marijuana. In his inaugural address to Congress Tuesday night, President Trump echoed the ghosts of Richard Nixon and Ronald Reagan -- not to mention Miguel Cervantes -- as he vowed to defeat drugs. If there is a silver lining, his ire appears directed at heroin and other hard drugs. The word "marijuana" did not appear once in his speech. "Our terrible drug epidemic will slow down and ultimately, stop," he promised as part of a litany of MAKE AMERICA GREAT AGAIN accomplishments to come ("Dying industries will come roaring back to life. Heroic veterans will get the care they so desperately need… "). And, having forgotten -- or more likely, never learned -- the lessons of the past half century of American drug prohibition, he's going to defeat drugs the old-fashioned way: with more war on drugs. "To protect our citizens, I have directed the Department of Justice to form a Task Force on Reducing Violent Crime," Trump said. "I have further ordered the Departments of Homeland Security and Justice, along with the Department of State and the Director of National Intelligence, to coordinate an aggressive strategy to dismantle the criminal cartels that have spread across our Nation."

International

Tens of Thousands of Colombia Families to Quit Coca Farming. Some 55,000 families in territories controlled by the FARC will participate in a voluntary crop substitution program sponsored by the government, the presidency said Tuesday. The move will see nearly 100,000 acres of coca crops voluntarily eradicated under FARC supervision. The move to coca substitution is part of the peace agreement signed by President Juan Manuel Santos and FARC leaders last November.

Philippines President Brings Police Back to Wage More Drug War. President Rodrigo Duterte said Tuesday he would recall some police to fight the drug war. He had suspended the entire Philippine National Police from all operations in the bloody crackdown last month after a rogue squad of drug officers kidnapped and killed a South Korean businessman at PNP headquarters, but said he needed more manpower to sustain the crackdown, which has left more than 7,700 dead since he took office last year. "So, I need more men. I have to call back the police again to do the job most of the time on drugs, not everyone," he told reporters.

Trump Vows to Win War on Drugs, But Doesn't Mention Marijuana [FEATURE]

In his inaugural address to Congress Tuesday night, President Trump echoed the ghosts of Richard Nixon and Ronald Reagan -- not to mention summoning the specter of Miguel Cervantes -- as he vowed to defeat drugs.

If there is a silver lining, his ire appears directed at heroin and other hard drugs. The word "marijuana" did not appear once in his speech.

"Our terrible drug epidemic will slow down and ultimately, stop," he promised as part of a litany of MAKE AMERICA GREAT AGAIN accomplishments to come. ("Dying industries will come roaring back to life. Heroic veterans will get the care they so desperately need…")

And, having forgotten -- or more likely, never learned -- the lessons of the past half century of American drug prohibition, he's going to defeat drugs the old-fashioned way: with more war on drugs.

"To protect our citizens, I have directed the Department of Justice to form a Task Force on Reducing Violent Crime," Trump said. "I have further ordered the Departments of Homeland Security and Justice, along with the Department of State and the Director of National Intelligence, to coordinate an aggressive strategy to dismantle the criminal cartels that have spread across our Nation."

But talk is cheap. Drug law enforcement costs money. The DEA and other federal agencies are already waging a multi-billion dollar a year war on drugs; if Trump's budget proposals match his rhetoric, he will have to be prepared to spend billions more. Just when he wants to cut just about all federal spending but defense, too.

Trump can ratchet up the drug war in some ways without relying on congressional appropriations through his control of the executive branch. For instance, his Justice Department could direct federal prosecutors to seek mandatory minimum prison sentences in most or all drug cases, a practice eschewed by the Obama Justice Department. That, too, has budgetary consequences, but until some time down the road.

Trump did at least pay lip service to addressing drug use as a public health issue, saying he would "expand treatment for those who have become so badly addicted," but that doesn't gibe with his call to repeal the Affordable Care Act. If Obamacare is repealed, nearly three million Americans with addiction disorders with lose access to some or all of their health coverage, including nearly a quarter million receiving opioid addiction treatment.

Trump's Tuesday night crime and drug talk was interwoven with talk about the border, comingling immigration, drugs, and his border wall in a hot mess of overheated, but politically useful, rhetoric.

"We've defended the borders of other nations, while leaving our own borders wide open, for anyone to cross -- and for drugs to pour in at a now unprecedented rate," he said, ignoring the quadrupling in size of the Border Patrol in the past 20 years and the billions pumped into border security since 2001. "We will stop the drugs from pouring into our country and poisoning our youth."

Trump also said that he was already making America safer with his immigration enforcement actions.

"As we speak, we are removing gang members, drug dealers and criminals that threaten our communities and prey on our citizens. Bad ones are going out as I speak tonight and as I have promised," he said.

It's too early to see who is actually being deported in the opening days of the Trump administration, but if the past is any indicator, it's not "gang members, drug dealers, and criminals," but, in rank order, people whose most serious crime was crossing the border without papers, alcohol-impaired drivers, other traffic violators, and pot smokers. Those were the four leading charges for criminal immigration deportations in one recent year, according to Secure Communities and ICE Deportations: A Failed Program?

Trump's drug war rhetoric is triumphalist and militaristic, but so far it's largely just talk. The proof will be in budget proposals and Justice Department memoranda, but in terms of progressive drug policy, he's striking a very ominous tone. This does not bode well.

Chronicle AM: Sessions Vows Drug Crackdown, State Forfeiture Bills Advance, More... (2/28/17)

Ominous noises from AG Sessions on marijuana and drug policy, asset forfeiture reform advances in three states, the feds threaten to shut down the Las Vegas Cannabis Cup, and more.

Attorney General Jeff Sessions has more than just weed on his mind. (theleafonline.org)
Marijuana Policy

Sessions Makes Ominous Noises on Marijuana Policy. Attorney General Jeff Sessions restated his opposition to marijuana use Monday and warned that marijuana legalization efforts could open states to "violence" and a response from the federal government. "I don't think America is going to be a better place when people of all ages, and particularly young people, are smoking pot," Sessions said to reporters Monday at the Department of Justice. "I believe it's an unhealthy practice, and current levels of THC in marijuana are very high compared to what they were a few years ago, and we're seeing real violence around that." He had more disturbing things to say Tuesday. See below.

Feds Threaten to Shut Down Las Vegas Cannabis Cup. Nevada US Attorney Daniel Bogden has sent a letter to the Moapa Paiute tribe warning that the Cannabis Cup trade show set for tribal lands next weekend would violate federal marijuana prohibition laws. "I am informed that the tribal council is moving forward with the planned marijuana event referred to as the 2017 High Times Cannabis Cup because it is under the impression that the so-called 'Cole Memorandum' and subsequent memoranda from the Department of Justice permit marijuana use, possession and distribution on tribal lands when the state law also permits it. Unfortunately, this is an incorrect interpretation of the Department's position on this issue," Bogden wrote in a February 16 letter.

New Mexico Legalization Bill Killed. An effort to legalize marijuana died Monday in the House Business and Industry Committee after members voted 9-1 to kill it. House Bill 89 went down at least in part because of uncertainty surrounding the Trump administration's posture toward legal marijuana. It would have created a 15% tax on marijuana sales from licensed shops, with revenues earmarked for schools, the judiciary, and drug treatment programs.

Asset Forfeiture

Idaho Civil Asset Forfeiture Reform Bill Advances. A bill to require police to demonstrate an actual connection between drugs and seized property before seizing it and to clarify that possession of cash alone is not grounds for seizure has passed the House Judiciary Committee. House Bill 202 now heads for a House floor vote.

Indiana Civil Asset Forfeiture Reform Bill Advances. A bill that would end asset forfeiture without a criminal conviction and would bar prosecutors from circumventing state law by passing cases off to the feds has passed the Senate Committee on Corrections and Criminal Law. Senate Bill 8 now heads for a Senate floor vote.

New Mexico Senate Passes Bill to Close Asset Forfeiture Loophole Used By Cities. The Senate has approved Senate Bill 202 on a unanimous vote. The state ended civil asset forfeiture in 2015, but police in Albuquerque and other cities claimed the law did not apply to their municipal asset forfeiture programs. This bill clarifies that it does. It is now before the House Judiciary Committee.

Drug Policy

Sessions Says DOJ Will Prioritize Drugs, Violent Crime. In remarks before the National Association of Attorneys General Tuesday, US Attorney General Jeff Sessions acknowledged that crime was at historically low levels, but vowed to pursue gun and drug offenses. "[I]llegal drugs flood across our southern border and into cities and towns across our country, bringing violence, addiction and misery. In particular, we've seen an increase in the trafficking of new, low-cost heroin by Mexican drug cartels working with local street gangs,"Sessions said. "As the market for this heroin expands, gangs fight for territory and new customers and neighborhoods are caught in the crossfire,"he continued. "In recent years, we've also seen a significant shift in the priority given to prosecuting gun and drug offenders at the federal level. While numbers don't tell the whole story, I still find the following statistics troubling: at the end of 2015 there were more than 7 percent fewer federal gun prosecutions than five years before. In that same five-year period, federal drug prosecutions declined by 18 percent. "Under my leadership at the Department of Justice, this trend will end,"he said.

Sentencing

West Virginia Bill Would Create Mandatory Minimum Sentences for Adults Who Make or Transport Drugs Around Minors. The House of Delegates' Committee on Prevention and Treatment of Substance Abuse has approved House Bill 2648, which would set a three-year mandatory minimum sentence for any adult found guilty of transporting or manufacturing drugs in front of a minor. The bill now heads to the House Judiciary Committee.

International

Poll Has Four of Five Danes Favoring Medical Marijuana. A new survey from Analyse Denmark has support for medical marijuana at 80%, "with the remainder saying they did not have an opinion." The poll comes as the country awaits a medical marijuana pilot project set to begin on January 1. The poll also asked about marijuana legalization, but only 36% were in favor, with 45% opposed.

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

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

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

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

Medical Marijuana

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

Asset Forfeiture

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

Harm Reduction

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

International

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

Uh-Oh: White House Hints at Crackdown on State-Legalized Marijuana (VIDEO)

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

Marijuana legalization advocates and the legal marijuana industry have been on tenterhooks ever since Donald Trump won the White House last November, and increasingly so since he nominated drug warrior former senator Jeff Sessions as his attorney general, the highest law enforcement officer in the land.

But for the three months since the election and the month since Trump took office, the Trump administration has had little to say on the topic. Until now.

At the administration's press briefing Thursday, White House press secretary Sean Spicer hinted that the Trump administration will step up enforcement of federal marijuana prohibition.

"I do believe that you’ll see greater enforcement," Spicer said, while adding the exact policy is "a question for the Department of Justice."

Spicer also suggested that any crackdown wouldn't apply to medical marijuana, saying that Trump believes it can "comfort" people suffering from illnesses. But, Spicer said, Trump views recreational marijuana as linked to heroin and prescription opioid use -- even though evidence suggests the opposite.

Spicer's comments are especially worrisome given Sessions' coy responses to questions during his nomination hearings about what he would do about weed. The former Alabama Republican senator said he couldn't ignore federal laws prohbiting marijuana, but that he would have to use "good judgment about to handle these cases."

But any action against legal recreational marijuana will be at odds with public sentiment. A Quinnipiac poll released Thursday had support for marijuana legalization at 59% and -- more critically for administration political calculations -- support for the feds butting out of legal marijuana states at 71%.


GOP Congressman Warns of Mexican Marijuana Nukes

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

An Arizona Republican congressman has defended the notion of building a border wall by claiming it could prevent a nuclear weapon being smuggled into the United States concealed in a bale of marijuana.

Rep. Trent Franks (R-AZ) made the comments Wednesday in a discussion with CNN's Brianna Keilar about President Trump's proposed $21 billion border barrier.

"The reality, Brianna, is that we have to measure all of the costs, ancillary and otherwise, and make the best decision that we can. But I can suggest to you that there are national security implications here for a porous border. We sometimes used to make the point that if someone wanted to smuggle in a dangerous weapon, even a nuclear weapon, into America, how would they do it? And the suggestion was made, 'Well, we'll simply hide it in a bale of marijuana,'" Franks said.

"So the implications of a porous border have national security dimensions that are very significant and that bear a lot of conversation when we talk about costs," he said.

Franks pointed to no evidence of loose nuclear weapons floating around Mexico, nor did he explain why presumed nuke-smugglers would choose to try to hide their weapon in something the US Border Patrol is already looking for, as opposed to, say, a semi-trailer truck going through a port of entry with a load of legal commodities or a boat simply sailing into the Houston Ship Channel.

Still, the Mexican marijuana nuke threat is one that Franks has addressed before. As his website notes, he raised the specter of Hezbollah smuggling marijuana nukes into the US in a House floor speech back in 2012.

"Specifically imagine for a moment, Mr. Speaker, the scenario of Hezbollah, one of Iran's terrorist proxies, gaining possession of just two nuclear warheads and bringing them across the border into the United States concealed, say, in bales of marijuana," he said, "then transporting them into the heart of two different, crowded, unnamed cities. Then calling and telling the White House exactly when and where the first one will be detonated, and then following through 60 seconds later."

That's right: Hezbollah is going to attack us with nuclear bombs hidden inside bales of Mexican brick weed. You can't make this stuff up.

Here's Franks' exchange with Keilar, via CNN:

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

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

Marijuana Policy

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

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

Medical Marijuana

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

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

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

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

Asset Forfeiture

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

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

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

Drug Policy

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

Harm Reduction

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

International

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

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

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

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

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

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

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

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

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

Medical Marijuana

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

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

Asset Forfeiture

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

Drug Testing

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

Sentencing

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

Chronicle AM: House GOP Wants to Drug Test for Unemployment Benefits, More... (2/15/17)

Vermont's GOP governor throws up an obstacle to marijuana legalization, the House GOP is set to vote to force unemployed workers to take drug tests before receiving their earned benefits, the rightist mayor of South America's largest city turns his back on harm reduction, and more.

House Republicans want laid off workers to have to undergo suspicionless drug tests before receiving their earned benefits.
Marijuana Policy

Oregon Bill Would Limit Pipe, Bong Sales to Pot Shops. Minority whip Rep. Jodi Hack (R-East Salem) has filed a bill that would only allow pot paraphernalia to be sold a licensed marijuana shops. Hack said the measure, House Bill 2556, was aimed at stopping minors from buying the stuff at gas stations, minimarts, and tobacco shops. But smoke shop operators and other retailers are vowing a fight.

Vermont Governor Demands Tough Driving Provisions Before He Will Support Legalization. Gov. Phil Scott (R) says he will not support a legalization bill before the legislature unless it has provisions allowing police to determine is someone is driving while impaired. "Certainly it's still problematic from the standpoint of public safety," said Scott. "I want to make sure that we address those concerns I talked about on the campaign trail in terms of impairment on our highways." He also acknowledged that current tests don't provide clear evidence of impairment, but used that uncertainty to say Vermont should wait and see how other states deal with the issue.

Medical Marijuana

Arkansas Medical Marijuana "Fix" Bills Advance. The House voted Monday to approve two bills aimed at tidying up the state's new medical marijuana law. The measures, both authored by Rep. Doug House (R-North Little Rock) are House Bill 1371, which requires that Arkansans hold 60% ownership interest in pot businesses in the state, and House Bill 1298, which requires that persons, not corporations, hold the licenses. The bills now head to the Senate.

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

Drug Testing

House to Vote on Drug Testing the Unemployed. The House was prepared to vote as early as today on House Joint Resolution 42, which would undo Obama administration limits on drug testing people seeking unemployment benefits. Under a compromise to extend unemployment benefits in 2012, the Obama administration agreed to limited drug testing, but only once the Labor Department had identified industries and sectors that "regularly require drug tests." People receiving unemployment benefits are people who have been laid off from work, not people who have been fired for cause, including drug use. People who are fired for cause don't qualify for unemployment benefits.

Arkansas Senate Approves Bill Making Welfare Drug Testing Permanent. The Senate Tuesday approved Senate Bill 123, which would make permanent a welfare drug testing pilot program approved two years ago, even though the pilot program had only two people fail a drug test and 11 decline to take it out of more than 3,000 people who applied for welfare last year. Under the Arkansas law, the children of people who fail a drug test lose their benefits unless their parent undergoes drug treatment at his or her own expense. The bill now goes to the House.

International

Sao Paulo's New Mayor Turns Back on Successful Harm Reduction Program. New Mayor Joao Doria will scale back a successful harm reduction program that provided housing and jobs to people with problematic crack cocaine use and replace it with a coercive and abstinence-based program. The Restart program Doria likes involves the involuntary "hospitalization and confinement of those who are victims of crack so that with medical treatment, they can stay away from drugs," he explained.

Venezuela VP Shrugs Off US Drug Sanctions. The Venezuelan government Tuesday condemned US sanctions imposed a day earlier on Vice President Tareck El Aissami as a "highly dangerous" infringement of Venezuelan sovereignty, while El Aissami himself called it a "miserable and defamatory aggression" that wouldn't distract him from his job. The US accuses El Aissami of facilitating cocaine shipments while he was a provincial governor.

Chronicle AM: NM Senate on MedMJ & Harm Reduction; Iowa Students Win Speech Case, More... (2/14/17)

Medical marijuana and harm reduction measures advance in New Mexico, a police drug field test kit maker is being sued by a Florida man busted for the glaze on his Krispy Kreme donuts, Idaho considers ending mandatory minimums for drug offenses, and more.

The New Mexico Senate has approved a pair of measures aimed at reducing overdose deaths. (Creative Commons/Wikimedia)
Marijuana Policy

Virginia Lieutenant Governor Calls for Decriminalization. Lt. Gov. Ralph Northum (D) called Monday for the decriminalization of small amounts of marijuana, saying enforcement is costly and aimed disproportionately at African-Americans. The move comes weeks after Senate Majority Leader Thomas Norment (R-James City) requested that the Virginia Crime Commission study the issue. That move froze pending decriminalization legislation sponsored by Sen. Adam Ebbin (D-Alexandria).

Washington State Bill Would Repeal Legalization. Rep. Brad Klippert (R-Kenniwick) has filed House Bill 2096, which would repeal "all laws legalizing the use, possession, sale, or production of marijuana and marijuana-related products." The bill has been referred to the House Committee on Commerce and Gaming.

Wyoming Senate Committee Scales Back Marijuana Sentencing Reforms. The Senate Judiciary Committee voted to amend House Bill 197, weakening proposed sentencing reforms by doubling the period during which previous convictions would result in a longer sentence from five years to 10 years. More importantly, the amendment removes the plant form of marijuana from the bill completely, meaning the new tiered sentencing system would apply only to edibles.

Medical Marijuana

New Mexico Senate Passes Medical Marijuana Expansion Bill. The Senate voted 29-11 Monday to approve Senate Bill 177, which would expand the state's program by increasing the amount of marijuana patients may possess to five ounces and increasing the number of plants commercial providers can grow. The bill now goes to the House.

Drug Policy

Idaho Bills Would Alter State's Drug Laws. The House Judiciary and Rules Committee voted Monday to introduce a package of three bills that would reform the state's harsh drug laws. One bill would end mandatory minimum sentences for drug offenses and another would bar the seizure of vehicles for simple drug possession and require that property found near drugs be seized only if it is meaningfully connected to the crime. The third bill, however, is a step in the opposite direction -- it would allow heroin sellers to be charged with murder in the event of fatal overdoses.

Drug Testing

Florida Field Drug Test Kit Company Sued By Man Jailed for Possessing Donut Glaze. A Florida man is suing the police field drug test kit manufacturer Safariland LLC after an Orlando police officer using one of its field kits charged him with possessing methamphetamine although the substance being tested was actually the glaze from a Krispy Kreme donut. The drug test is either ineffective or unreliable, Daniel Rushing charges in his lawsuit, twice registering a positive result for meth and resulting in his false arrest and imprisonment before felony charges were dropped.

First Amendment

Federal Appeals Court Upholds Student Drug Legalization Group's Free Speech Rights. The 8th US Circuit Court of Appeals ruled Monday that Iowa State University cannot bar a student group from using the university's logo and mascot on t-shirts calling for the legalization of marijuana. Iowa State NORML had sued in 2014 after the university first gave its okay, but then refused permission after pressure from high-ranking state officials, including the governor's office. Instead, the university suddenly changed its guidelines, with new rules prohibiting designs "that suggest promotion of dangerous, illegal, or unhealthy products." Last year a federal district court filed an injunction prohibiting the school from using its new policy to block NORML from printing new t-shirts, and now the appeals court has upheld that permanent injunction.

Harm Reduction

New Mexico Senate Approves Pair of Harm Reduction Bills. The state Senate Monday overwhelmingly approved two bills aimed at reducing the number of fatal drug overdoses in the state. Senate Bill 47 would improve the state's 911 Good Samaritan law to include alcohol overdoses and eliminate the prospect of criminal liability for violating drug laws while seeking medical assistance for an overdose. Senate Bill 16 would require health care providers to counsel patients on the risk of overdose and to offer prescriptions for the overdose reversal drug naloxone. The bills now go to the House.

International

Trump Administration Accuses Venezuela VP of Drug Smuggling. The Treasury Department's Office of Foreign Assets Control has imposed sanctions on Venezuelan Vice President Tareck El Aissami, accusing him of being an international drug kingpin. Treasury said that El Aissimi facilitated drug trafficking in his previous post of Aragua state. The Treasury Department placed him on a list reserved for "specially designated narcotics traffickers," part of what's known as the Kingpin Act.

Drug War Issues

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