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Chronicle AM: MJ Decrim and Medical Bills Filed, Ramarley Graham Settlement, Jamaica Decrim Progess, More (2/2/15)

Decriminalization and medical marijuana bills are being filed left and right, Maine says pot patients can be unfit parents, Oregon says pot patients can't operate child care centers, New York City pays out big time for the killing of a black youth over weed, Jamaica's decrim bill advances, and more. Let's get to it:

Marijuana Policy

Delaware Decriminalization Bill Filed. State Rep. Helene Keeley (D-Wilmington) and several cosponsors have filed House Bill 39, which would make possession of up to an ounce a civil infraction punishable only by a fine. Public use would remain subject to jail time, but for no more than five days.

Maryland Push for Legalization Underway. Supporters of legalization held a press conference last Friday to push the idea forward. State legislators, including Del. Curt Anderson (D-Baltimore) were joined by a Colorado legislator and Seattle City Attorney Pete Holmes. The press conference came as legalization supporters prepared to brief legislative committees on the topic. Maryland decriminalized it last year.

Minnesota Poll Finds More Want to Legalize It Than Don't. A new Public Policy Polling survey finds just short of a majority for legalizing pot there. Some 49% said they thought marijuana should be legal and regulated, while 44% thought it "should remain illegal." Support for medical marijuana, meanwhile, was at 76%.

New Hampshire Decriminalization Bill Filed. Rep. Adam Schroadter (R-Newmarket) and seven cosponsors have introduced House Bill 618, which would decriminalize the possession of small amounts of marijuana. New Hampshire is the only New England state that has not decriminalized.

New Mexico Decriminalization Bill Filed. State Sen. Joseph Cervantes (D-Dona Ana County) has introduced Senate Bill 383, which would decriminalize the possession of up to four ounces and eliminate jail time for possession of up to eight ounces. Currently, possession of less than an ounce is a petty misdemeanor with possible jail time, while possession of between one and eight ounces is a misdemeanor with up to a year in jail.

Virginia Decriminalization Bill Dies in Senate Committee. A bill that would have decriminalized pot possession in the Old Dominion was killed last Wednesday in the Senate Courts of Justice Committee. Senate Bill 686, introduced by Sen. Adam Ebbin (D-Alexandria) died in a 9-5 party line vote.

Philadelphia Pot Arrests Drop 88% After Decriminalization. Philadelphia police arrested only 63 people for marijuana possession between October 20 and year's end, marking a massive decline in marijuana arrests after decriminalization. Last year during the same time period, there were 559 possession arrests.

Medical Marijuana

Connecticut State Commissioner Agrees to Expand Qualifying Ailments List. Consumer Protection Commissioner Jonathan Harris said this morning that he will follow the recommendation of the program's Board of Physicians and is drafting new regulations to include sickle cell disease, post-surgical back pain with a condition called chronic radiculopathy, and severe psoriasis and psoriatic arthritis to the list of qualifying conditions. But that's not the end of it. Now, the proposal must be approved by the state attorney general and then by the General Assembly's Regulation Review Committee. A vote there could come by spring.

Maine High Court Rules Using Medical Marijuana Can Make Parents Unfit. The Maine Supreme Judicial Court has ruled in a child custody case that even though medical marijuana is legal in the state, its use can make a person an unfit parent. "Determining what is in the best interest of the child necessarily involves considering whether a parent's ability to care for his or her child is impaired, including by his or her marijuana use. As with any medication or substance, the question of whether a parent's ingestion of marijuana is legal is only part of the equation. The more important question is whether that ingestion negatively affects, limits or impairs a parent's capacity to parent his or her child," Chief Justice Leigh Saufley wrote in the eight-page decision. The case is Daggett v. Sternick.

Mississippi Medical Marijuana Bill Filed. State Sen. Deborah Dawkins (D-District 48) has filed Senate Bill 2318, which would allow patients with specified conditions to use medical marijuana. The bill doesn't envision dispensaries, but would allow patients to grow their own with a physician's recommendation.

North Dakota Medical Marijuana Bill Filed. Rep. Pamela Anderson (D-Fargo) has introduced House Bill 1430, which would allow patients with qualifying conditions to use medical marijuana. But there is a big loophole. Patients could also qualify if they suffer "any persistent or chronic illness or condition that, in the opinion of a physician, substantially limits the ability of a person to conduct one or more major life activities; or may cause serious harm to the patient's safety or mental or physical health if not alleviated; if the illness or condition may be improved by the use of marijuana."

Oregon Bars Medical Marijuana Patients From Being Child Care Providers. The state Early Learning Council has voted to bar patients from being child care providers. The decision follows a six-month temporary rule that was issued last August and gave patients an ultimatum: your patient card or your child care business.

Tennessee Low-THC Cannabis Oil Bill Filed. State Rep. Jeremy Faison (R-District 11) today introduced House Bill 197, which would allow the use of cannabis oil with less than 0.9% THC for medical purposes.

Law Enforcement

Chicago Federal Prosecutors Drop "Stash House" Cases. The US attorney's office in Chicago has dropped dozens of serious drug conspiracy cases that were based on undercover stings where law enforcement agents enticed people into robbing non-existent drug stash houses. The law enforcement technique has come under strong criticism that it amounts to entrapment and is used disproportionately to target minorities. Clarence Walker has covered this issue for the Chronicle here and here.

New York City Pays to Settle Killing of Black Teenager Over Weed. The city has settled with the family of Ramarley Graham, an 18-year-old black teen who was shot dead in his own bathroom by an NYPD cop who had stormed into his apartment without a warrant after suspecting he had marijuana. The killer cop, Richard Haste, was indicted in the shooting in 2012, but a judge threw out that indictment and a second grand jury failed to indict. Police said they suspected he had a gun because of the way he moved his hands near his waist. No weapon was ever found. The city has now agreed to pay the Graham family $3.9 million.

National Sheriffs Association Wants Deputy Attorney General Nominee "Investigated" for Pro-Drug Reform Comments. The group is upset with Vanita Gupta, nominated to head the department's Civil Rights Division. She has called for the decriminalization of all drugs, and that "put her at odds with the goal of public safety," the sheriffs complain. How her publicly made remarks would be "investigated" remains to be seen.

International

Jamaica Senate Begins Debate on Decriminalization. The Senate last Friday began debating a bill that would decriminalize marijuana and establish a licensing authority for a marijuana industry on the island. The bill would also allow for Rastafarians to use ganja for religious purposes. Debate is expected to continue in the Senate in coming days before the bill is sent to the lower chamber. It is expected to pass, since the ruling party, which submitted it, controls both chambers and the opposition also supports its broad outlines.

Venezuela Shoots Down Suspected Drug Plane Off Aruba. The Venezuelan defense ministry confirmed last Friday that its fighter jets had shot down a civilian plane suspected of carrying drugs. The plane went down off Aruba. Aruban officials had reported a day earlier that a plane had come down in flames, and human remains and packages of drugs could be seen in the water. Venezuela has shot down a number of suspected drug planes in recent years.

Chronicle AM: Boehner Not Eager to Mess With DC, NE AG Explains Lawsuit, Forfeiture Pressure, More (1/28/15)

The House Speaker doesn't appear too interested in undoing legalization in DC, Nebraska's AG explains his lawsuit against Colorado legalization, good poll results from Virginia, more pressure for federal asset forfeiture reform, and more. Let's get to it:

House Speaker Boehner Not Eager to Mess With DC's Pot Legalization. DC Mayor Muriel Bowser met Tuesday with the speaker and reported that he seemed little interested in trying to undo the will of District voters who approved limited legalization in November. "Well, I think that the speaker wants to be able to concentrate on national issues, and recognizes that the District of Columbia is moving in the right direction, and would prefer to have his interest on national issues," Bowser said in her recap of the meeting.

Nebraska's Attorney General Explains Why He Is Suing Colorado. State Attorney General Doug Peterson has penned a column explaining his reasoning for asking the Supreme Court to undo marijuana legalization in Colorado. Click on the link to read it in full.

Vermont Will See a Legalization Bill This Year. The Green Mountain State is almost universally included in those lists of "the next states to legalize marijuana," and now Sen. David Zuckerman (P-Crittenden County) says he will introduce a bill to do just that. He said there's no reason to delay. "I think there is a wait-and-see attitude on the part of many," Zuckerman said. "There's also a let's-get-there-and-get-it-done attitude."

Poll Finds Virginians Strongly Support Decriminalization, Medical Marijuana. A Christopher Newport University survey released Tuesday found 71% of registered voters support decriminalization and 69% favor medical marijuana. The poll comes just days after state Sen. Adam Ebbin (D-Alexandria) introduced a decriminalization bill. Click on the poll link for methodological and other details.

Anchorage Bans Public Consumption, But Allows Use in Licensed Premises. Alaska's largest city has opened the door to "cannabis cafes." The Anchorage Assembly voted to prohibit public pot smoking, but approved an amendment allowing allows for consumption in places "authorized by a state permit or license or authorized by a municipal permit or lease."

Wichita Will Vote on Decriminalization in April. The city council okayed putting a decriminalization initiative on the April 7 ballot after backers presented petitions with thousands of signatures supporting it. The vote was 6-1. Those 21 and over caught with 32 grams or less would face a citation and a $50 fine.

Medical Marijuana

In Pennsylvania, A Change of Tune From the Governor's Mansion. Last year, then Gov. Tom Corbett (R) was a staunch foe of medical marijuana. But now, there's a new year, a new legislative session, and a new governor. This one, Democrat Tom Wolf, met with families of children suffering from diseases treatable by medical marijuana Tuesday and said he would support broad medical marijuana legislation.

Asset Forfeiture

ACLU, NACDL Speak Out for Asset Forfeiture Reform.The National Association of Criminal Defense Lawyers sent a letter to every congressional office, expressing support for proposals to stop police from seizing cash, cars and other property from people without convicting them of a crime. And he American Civil Liberties Union also issued a strong statement on Tuesday, saying reforms are needed to protect innocent Americans from a seizure system that has a disproportionate effect on low-income people. The letter and statement are in support of Senate Bill 255, introduced yesterday by Sen. Rand Paul (R-KY), or similar legislation.

Pregnancy

ACLU of Virginia Object to Bill Targeting Pregnant Women Who Use Drugs. The civil liberties group is challenging HB 1456, filed by Del. Les Adams (R-Pittsylvania County). The bill would authorize child welfare authorities to investigate or make a family assessment any "report or complaint that a pregnant woman is using a controlled substance" in an illegal manner. The state ACLU affiliate says the bill is dangerous for pregnant women and their fetuses because it would prevent them from seeking the health care they need.

Chronicle AM: DEA License Plate Spying; Federal Asset Forfeiture, Hemp & State MedMJ Bills Filed (1/27/15)

A marijuana business group predicts 18 states will legalize by 2020, medical marijuana bills get filed in Florida and Pennsylvania, the DEA is tracking your license plates, federal asset forfeiture reform and hemp bills are filed, and more. Let's get to it:

Arcview sees legalization in 18 states by 2020.
Marijuana Policy

ArcView Group Predicts 18 States Will Legalize By 2020. ArcView Market Research, a firm that pairs investors with marijuana-related businesses, is predicting that 18 states will have legalized marijuana by the end of 2020. Those states are: Arizona, California, Massachusetts, Maine, Nevada, Rhode Island, and Vermont by 2016; Connecticut, Delaware, Maryland, Montana, New Hampshire, and New Jersey by 2020. Alaska, Colorado, Oregon, and Washington have already legalized it, as has the District of Columbia.

Southern California Legalization Meetings Planned. The California Coalition for Cannabis Policy Reform, which is working to create a unified movement behind a legalization initiative in 2016, will be holding a series of meetings in Southern California this weekend. There will be events in West Hollywood, Riverside, San Diego, and Santa Ana. They want people to RSVP. Click on the link for meeting details.

Medical Marijuana

Full-Blown Medical Marijuana Bill Filed in Florida. State Sen. Jeff Brandes (R-St. Petersburg) has filed Senate Bill 258, which would regulate the cultivation, distribution, and use of medical marijuana in the state. The proposal larger mirrors that failed constitutional amendment that won 57% of the vote last year (it needed 60% to pass because it was a constitutional amendment). The state passed a medical marijuana bill last year, but it was limited to high-CBD cannabis oils. Brandes is chair of the Senate Transportation Committee and sits on the Criminal Justice Committee, too.

Medical Marijuana Bill Reintroduced in Pennsylvania. State Sens. Daylin Leach (D-Montgomery) and Mike Folmer (R-Dauphin) have reintroduced a medical marijuana that died late in the last session. The new bill, Senate Bill 3, is almost identical to last year's Senate Bill 1182. It has a bipartisan batch of cosponsors -- 11 Republicans and 14 Democrats.

Iowa Medical Cannabis Oil Registrations Now Open. The Department of Health has completed establishing a process to approve and generate medical cannabis oil registration cards. The legislature passed a bill last year allowing for such use. The relevant Health Department web page is here.

Hemp

Federal Hemp Bill Filed. Rep. Thomas Massie (R-KY) has filed HR 525, which would amend the Controlled Substances Act to exclude industrial hemp from the definition of marijuana. The bill has 47 cosponsors -- 31 Democrats and 16 Republicans. It's been assigned to the House Judiciary and House Energy and Commerce committees.

Asset Forfeiture

Federal Civil Asset Forfeiture Reform Bill Filed. Sen. Rand Paul (R-KY) has reintroduced the Fifth Amendment Integrity Restoration (FAIR) Act, SB 255. The measure would end the federal government's Equitable Sharing program for civil asset forfeiture. An identical measure has been introduced in the House. The bills are headed for each house's respective judiciary committees.

Law Enforcement

DEA is Spying on Millions of Vehicles. A license plate tracking program run by the DEA is building a national database that tracks the movement of vehicles around the US. The secret domestic intelligence-gathering program has scanned and stored hundreds of millions of records about motorists, all without a warrant. The DEA's uses of license plate readers on a massive scale "raises significant privacy concerns," said Sen. Patrick Leahy, senior Democrat on the Senate Judiciary Committee. "The fact that this intrusive technology is potentially being used to expand the reach of the government's asset-forfeiture efforts is of even greater concern." There's much more at the link.

Chronicle AM: VA Forfeiture Reform, Jamaica to Decriminalize, Supreme Court Drug Dog Case, More (1/22/15)

There's medical marijuana action in the states, the Supreme Court hears a case about drug dogs, Jamaica is about to decriminalize ganja, an asset forfeiture reform bill is moving in Virginia, and more. Let's get to it:

South Dakota Highway Patrol drug dog and trainer. How long can you be detained waiting for them to show up? (dps.sd.gov)
Marijuana Policy

Washington State "Comprehensive Marijuana Reform Act" Filed. State Sen. Jeanne Kohl-Welles (D-Seattle) is filing this week legislation designed to bring the state's existing medical and recreational marijuana systems into agreement. "The main intent of my bill is to simplify and unify the two systems so that complex gray areas and dangerous illicit markets will eventually cease to exist," she said. The bill would eliminate unregulated dispensaries and collective gardens, but it would also direct the state Liquor Control Board to increase the number of retail outlets by adopting a competitive, merit- and experience-based licensing application system.

Medical Marijuana

Kansas Parents Get Senate Hearing on Medical Marijuana Bill. The Senate Public Health and Welfare Committee heard Wednesday from parents of chronically ill children were speaking in support of pending medical marijuana legislation, SB 9, introduced by Sen. David Haley (D-Kansas City). Click on the title link for hearing details.

Maine Bill Would Allow Medical Marijuana in Hospitals. State Sen. Eric Brakey (R-Auburn) has filed LD 35, which would allow registered patients to use medical marijuana in hospitals. It does so by adding hospitals to list of eligible primary caregivers, the list of places where patients can store and use medical marijuana, and barring hospitals from prohibiting the use of smokeless marijuana by patients.

Nebraska Medical Marijuana Bill Filed. State Sen. Tommy Garrett (D-Bellevue) has filed LB 643, a full-blown medical marijuana bill that allows patients or caregivers to grow up to 12 plants and possess up to six ounces, envisions a dispensary system, and allows the plant to be used for a specified list of diseases and conditions.

Opiates

New Jersey Legislators Tackle Package of Heroin and Pain Pill Bills. State Sen. Joseph Vitale (D-Woodridge), chairman of the Senate Health, Human Services and Senior Citizens Committee, announced Wednesday that legislators from both parties had introduced a package of 21 bills aimed at confronting widespread heroin and prescription pill use. The bills are designed to increase access to treatment and recovery. Click on the link for more details.

Asset Forfeiture

Virginia House Panel Approves Bill Ending Civil Asset Forfeiture. A bill that would require a criminal conviction before asset forfeiture could take place has passed the Criminal Law Subcommittee of the House Committee for Courts of Justice. HB 1287, sponsored by Del. Mark Cole (R-Spotsylvania) now heads for a full committee vote.

Criminal Justice

Vera Institute for Justice DC Event Next Week Features Sen. Cory Booker. The Vera Institute is hosting "Justice in Focus: The Path Forward," in Washington, DC, next Tuesday. The event will feature a keynote interview with Sen. Cory Booker (D-NJ), as well as panels with other major figures in criminal justice reform. Click on either link for more information and event details.

Drug Testing

Wisconsin Governor Moving Forward With Public Benefits Drug Testing Scheme. Republican Gov. Scott Walker today announced more details of his plan to require drug screening and testing of people seeking public benefits, including food stamps and unemployment benefits. He said that those who fail the drug test would get a chance for free drug treatment and receive job training. More details will come when he unveils his budget proposal on February 3.

Search and Seizure

Supreme Court Hears Arguments Over Roadside Detentions While Awaiting Drug Dogs. How long can a police officer detain you on the side of the highway while waiting for a drug-sniffing dog to come sniff your vehicle? That was the question before the Supreme Court Wednesday. The case is that of a man pulled over in Nebraska. He was issued a warning ticket and asked to consent to a search of his vehicle. He refused, but rather than allow him to go on his way, the officer detained him for eight more minutes until a drug dog arrived. From their questions, it doesn't appear the justices are inclined to side with the defendant; click the link to get the flavor of their comments. The case is Rodriguez v. US.

International

Jamaica is About to Decriminalize Ganja. The island nation most closely associated with marijuana is about to decriminalize it. The Jamaican cabinet Monday approved a bill that would do just that, as well as allow for the creation of medical marijuana and hemp industries. The bill, the Dangerous Drugs (Amendment) Act of 2015, goes to the Senate tomorrow and will be debated there next Friday. It would decriminalize the possession of up to two ounces of ganja; allow its use for religious, medical, scientific, and therapeutic purposes; prohibit smoking it in public places; and provide for the granting of licenses for the development of a legal hemp and medical marijuana industry.

Medical Marijuana Update

California localities continue to deal with medical marijuana, bills are showing up in the states, the Kettle Falls Five want their prosecutions ended, and more. Let's get to it:

Federal

On Monday, a member of the Kettle Falls Five sought dismissal of his federal marijuana case. The widely watched case out of Washington state has been proceeding despite passage of the "CRomnibus" appropriations bill barring the use of federal funds to pursue medical marijuana patients and providers in states where it is legal. Now, Larry Harvey, 71, has filed a motion to dismiss the charges, with his attorney arguing that "federal prosecutions take away Washington's authority to determine for itself whether someone is in compliance with its laws or not."

California

On Monday, Berkeley began accepting applications for a fourth dispensary. The deadline for applications is March 20. Click on the link for more details.

On Tuesday, the San Diego city council tightened dispensary rules. The council approved requiring employee background checks and testing of products for mold and pesticides, but didn't move to regulate deliveries or create stricter rules for edibles or concentrates. The rules come as the city's first permitted dispensary is supposed to open in the spring. Numerous un-permitted ones exist, but the city has been trying to shut them down.

Also on Tuesday, the Rancho Cordova city council approved a ban on outdoor grows and indoor grows if children are present. The measure was approved 5-0 and will take effect in 30 days.

Also on Tuesday, the Redding city council decided not to try to prohibit outdoor grows. Councilmembers said they wanted to wait for the state and the federal government to figure out their medical marijuana policies first.

Florida

On Monday, the state chose its medical marijuana rulemakers. The state Office of Compassionate Use has selected a 12-member panel to craft rules for growing and distributing low-THC, high-CBD medical marijuana under a state law passed last year. The panel will meet during the first week of February to set up a regulatory structure for five nurseries that will be selected to grow, process, and distribute the medicine.

Georgia

Last Friday, a CBD medical marijuana bill died. Rep. Allen Peake's House Bill 1, which would have allowed for the use of high-CBD cannabis oil to treat seizures in children, has died before even being introduced. The bill died after Gov. Nathan Deal (R) announced his support for another CBD bill, which is yet to be written.

Hawaii

On Wednesday, the Health Department took over the medical marijuana program. A 2013 law transferring control of the state's medical marijuana program from the Department of Public Safety to the Department of Health is now in effect. Although the program officially became part of the Health Department on January 1, it took until now for the transfer to be complete. For more detail on other program changes, as well as times for public hearings on new regulations, click on the link.

Kansas

Last Friday, medical marijuana supporters rallied in Topeka. Several dozen medical marijuana supporters were joined by a pair of Democratic lawmakers at a statehouse rally to call for legalizing the medicinal use of the herb. The two legislators, Rep. Gail Finney (D-Wichita) and Sen. David Haley (D-Kansas City), filed medical marijuana bills prior to the start of this year's legislative session. Similar measures have been filed since 2009, but none of them have made it to the discussion stage in committee.

Minnesota

Last Thursday, a Minnesota Indian tribe okayed a study on medical marijuana. The tribal council for the Red Lake Band of Chippewa Indians has approved a study what economic benefits could accrue to the tribe by allowing the production of medical marijuana and hemp. Tribal leaders weren't interested in recreational marijuana, but saw job growth and economic development opportunities in producing medical marijuana or hemp. The federal government cleared the way for Indian reservations to participate in marijuana business last month, but so far, only one tribe, the Pinole Pomos in Northern California, has announced plans to move forward.

Rhode Island

On Saturday, the state's first vapor lounge opened. Rhode Island patients can now have a place where they can gather and enjoy their medicine together. The Elevated vapor lounge opened in Providence Saturday.

Virginia

As of Wednesday, there were at least three medical marijuana or CBD bills before the legislature. There are at two new bills aiming to make the use of high-CBD, low-THC medical marijuana legal in the Old Dominion. Filed by Sen. David Marsden (D-Fairfax), Senate Bill 1235 would legalize CBD cannabis oil and THC-A oil. Delegate David Albo (R-Fairfax) has filed House Bill 1445, which would also legalize CDB cannabis oil. A third bill, House Bill 1605, filed by Delegate Kenneth Plum (D-Reston) would legalize marijuana.

Washington

Last Monday, a state law banning medical marijuana advertising was ruled unconstitutional. Pierce County Superior Court Judge Elizabeth Martin has ruled unconstitutional a state law that prohibits the advertising of medical uses of marijuana. The law was both vague and overly broad, she ruled, concluding that it violated both the state and federal constitutions. The case is Havsy v. Department of Health.

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

Chronicle AM: DEA Settles Facebook Suit, WY Decrim Bill Advances, More (1/21/15)

The DEA will pay for using a woman's identity (and photos) to make a fake Facebook page, a Wyoming decrim bill is moving, Virginia is seeing CBD and medical marijuana bills, there's a hemp bill in Florida, the Vera Institute releases a report on New York sentencing reforms, and more. Let's get to it:

A faked Facebook page will cost the DEA $134,000. (facebook.com)
Marijuana Policy

Wyoming Decriminalization Bill Wins Committee Vote. The House Judiciary Committee has approved House Bill 29, which would decriminalize the possession of up to an ounce of pot. Fines would be $250 for less than a half ounce and $500 for more. The bill now awaits a House floor vote.

Medical Marijuana

Kettle Falls Five Defendant Seeks Dismissal in Federal Medical Marijuana Case. The widely watched case out of Washington state has been proceeding despite passage of the "cromnibus" appropriations bill barring the use of federal funds to pursue medical marijuana patients and providers in states where it is legal. Now, Larry Harvey, 71, has filed a motion to dismiss the charges, with his attorney arguing that "federal prosecutions take away Washington's authority to determine for itself whether someone is in compliance with its laws or not."

Hawaii Health Department Takes Charges of Medical Marijuana Program. A 2013 law transferring control of the state's medical marijuana program from the Department of Public Safety to the Department of Health is now in effect. Although the program officially became part of the Health Department on January 1, it took until now for the transfer to be complete. For more detail on other program changes, as well as times for public hearings on new regulations, click on the link.

Virginia Legislature Sees CBD, Medical Marijuana Bills. There are at two new bills aiming to make the use of high-CBD, low-THC medical marijuana legal in the Old Dominion. Filed by Sen. David Marsden (D-Fairfax), Senate Bill 1235 would legalize CBD cannabis oil and THC-A oil. Delegate David Albo (R-Fairfax) has filed House Bill 1445, which would also legalize CDB cannabis oil. A third bill, House Bill 1605, filed by Delegate Kenneth Plum (D-Reston) would legalize marijuana.

Washington State Law Banning Medical Marijuana Advertising Unconstitutional, Court Rules. Pierce County Superior Court Judge Elizabeth Martin has ruled unconstitutional a state law that prohibits the advertising of medical uses of marijuana. The law was both vague and overly broad, she ruled, concluding that it violated both the state and federal constitutions. The case is Havsy v. Department of Health.

Hemp

Florida Hemp Bill Filed. Rep. Michelle Rehwinkel-Vasalinda (D-Tallahassee) has introduced a bill that would legalize hemp production in the state. The bill is House Bill 363. Activists with the Florida Cannabis Action Network (CAN) are seeking a Senate sponsor.

Sentencing

Vera Institute of Justice Report on New York Sentencing Reforms. The report examines 2009 reforms to the Rockefeller drug laws that removed mandatory minimums for some drug offenses and expanded eligibility for treatment instead of incarceration. The report found a 35% percent increase in the rate of diversion to treatment; lower rates of re-arrest in such cases; which was associated with lower rates of rearrest, and fewer defendants sentenced to jail, time served, or "split sentence" -- a combination of jail and probation. However, most drug arrests still did not lead to diversion, and implementation varied widely across boroughs.

Law Enforcement

DEA Will Pay $134,000 to Woman It Used in Fake Facebook Page. The Justice Department has settled a civil suit brought against the DEA by a Watertown, New York, woman whose identity and photos were used by a DEA agent to create a fake Facebook page in her name to catch drug fugitives. Sondra Arquiett's phone had by seized by the Agenty Tim Sinnigen during a 2010 drug arrest, and the agent posed as her on Facebook without her consent. "The photographs used by Sinnigen included revealing and/or suggestive photographs of (Arquiett), including photographs of (her) in her bra and panties. Sinnigen also posted photographs of (Arquiett's) minor child and her minor niece to the Facebook page." The Justice Department will pay $134,000 to make this go away.

International

Vietnam Sentences Eight to Death for Heroin Trafficking. Eight people have been sentenced to die for trafficking 416 pounds of heroin in Vietnam. The trial in People's Court in Ho Binh province ended Monday. Six other defendants were sentenced to life in prison, and 17 others jailed for terms ranging from six to 20 years. Vietnam has some of the world's toughest drug laws.

Stratfor's Mexico Cartel Map. The private, Austin-based intelligence concern has released its latest map of Mexican cartel activity. Despite constant changes in the organized crime scene, Stratfor says, cartel activity remains based in three geographic locations: Sinaloa, Tamaulipas, and the Tierra Caliente in Michoacan and Guerrero. Click on the link for more.

Chronicle AM: NY Pot Legalization Bill, DEA Gathered Metadata, Indonesia Executions Reaction, More (1/19/15)

New York has a marijuana legalization bill, New Hampshire ponders a study of legalization, Rhode Island patients get a vapor lounge, the DEA has another means of surveilling Americans, Indonesia's resort to the death penalty for drugs stirs controversy, and more. Let's get to it:

The beach at Bali. Indonesia is a major tourist destination, but also has the death penalty for drug offenses. (wikimedia.org)
Marijuana Policy

New York Legalization Bill Filed. State Sen. Liz Krueger (D-Manhattan) has filed a bill to legalize marijuana. SO1747 would allow for the taxation and regulation of marijuana commerce. Notably, it also sets the age for legal marijuana use at 18, instead of the more common 21.

New Hampshire Hearing on Legalization Study Committee. A bill that would establish a study committee on marijuana legalization got a hearing today. The bill is HB 150.

Medical Marijuana

Florida Chooses Medical Marijuana Rulemakers. The state Office of Compassionate Use has selected a 12-member panel to craft rules for growing and distributing low-THC, high-CBD medical marijuana under a state law passed last year. The panel will meet during the first week of February to set up a regulatory structure for five nurseries that will be selected to grow, process, and distribute the medicine.

Rhode Island's First Vapor Lounge Opens. Rhode Island patients can now have a place where they can gather and enjoy their medicine together. The Elevated vapor lounge opened in Providence Saturday.

Asset Forfeiture

Colorado Bill Would End Civil Forfeiture. Freshman state Sen. Laura Woods (R-Arvada) has filed a bill that would stop police from seizing assets unless the owner is convicted of a crime. Senate Bill 2015-006 would end civil forfeiture without a conviction unless there is a settlement with all parties, including the owner, to agree to give up the property. Woods said the bill is an effort to block "policing for profit."

Law Enforcement

DEA Kept Secret Metadata Database. The DEA kept a secret database of telephone metadata -- entirely separate from the NSA program revealed by Edward Snowden -- covering calls between parties in the US and ones in other countries. The information, contained in a three-page,partially-redacted affidavit from a top DEA official, was revealed in a court filing last week in a case involving trade with Iran. The DEA used "administrative subpoenas" authorized under a federal drug trafficking statute to collect the data. The program was ended in 2013. Click on the link for much more detail.

International

Fury as Indonesia Executes Six Drug Traffickers, Including Five Foreigners. As promised by President Joko Widodo, Indonesia put to death six convicted drug traffickers Sunday, including citizens of Brazil, Malawi, Nigeria, the Netherlands, and Vietnam. Brazil and the Netherlands reacted angrily, with both countries recalling their ambassadors from Jakarta. Brazilin President Dilma Roussef said she was "distressed and outraged" after Indonesia ignored her last minute plea for clemency. "Using the death penalty, which is increasingly rejected by the international community, seriously affects relations between our countries," the Brazilian government said in a statement. The Dutch government called the executions "terribly sad" and emphasized that it remains opposed to the death penalty. But President Widodo defended the executions in a Facebook post: "The war against the drug mafia should not be half-hearted measures, because drugs have really ruined the good life of the drug users and their families," he said.

Chronicle AM: Major Asset Forfeiture Reform Move, NCAA Drug Policy Review, Indonesia Executions, More (1/16/15)

Attorney General Holder announces a major civil asset forfeiture reform move, the NCAA will review its drug policies, a Vermont report on the impact of pot legalization has been released, and more. Let's get to it:

"Policing for profit" just took a big hit thanks to Attorney General Holder. (wikimedia.org)
Marijuana Policy

No Marijuana Stores in Alaska's Capital Until October. The City and Borough of Juneau Assembly has approved a moratorium on marijuana-related businesses until October 19. City officials will not consider any land use or other permits until the moratorium expires, meaning pot businesses won't be able to grow crops or prepare for retail sales until then.

Report on Impact of Legalization in Vermont Released. Vermont could make tens of millions of dollars in marijuana revenues a year, according to a new comprehensive report released today. The report was commissioned by the state legislature and serves as a policy guide as the state considers legalization. It lays out various options for legalization.

Medical Marijuana

Georgia CBD Medical Marijuana Bill Dead. Rep. Allen Peake's House Bill 1, which would have allowed for the use of high-CBD cannabis oil to treat seizures in children, has died before even being introduced. The bill died after Gov. Nathan Deal (R) announced his support for another CBD bill, which is yet to be written.

Kansas Medical Marijuana Supporters Rally in Topeka. Several dozen medical marijuana supporters were joined by a pair of Democratic lawmakers at a statehouse rally today to call for legalizing the medicinal use of the herb. The two legislators, Rep. Gail Finney (D-Wichita) and Sen. David Haley (D-Kansas City), filed medical marijuana bills prior to the start of this year's legislative session. Similar measures have been filed since 2009, but none of them have made it to the discussion stage in committee.

Asset Forfeiture

Attorney General Holder Blocks Federal Asset Forfeiture Sharing Program. In the boldest civil asset forfeiture reform move in years, Holder has barred federal agencies from participating in the Equitable Sharing asset forfeiture program, under which state and local police seeking to circumvent state asset forfeiture laws would let federal agencies "adopt" the seizures. Under the program, the police agency got up to 80% of the proceeds, while state laws typically require them to be deposited in designated accounts, such as the general fund or education funds. Click on the link for the full story.

Drug Policy

NCAA to Consider Revamping Its Drug Policy. In the wake of criticism for suspending a University of Oregon football player for pot smoking just before the collegiate national championship game, and after its Committee on Competitive Safeguards and Medical Aspects of Sports informally recommended it, the NCAA will examine proposed changes to its policies for testing both performance-enhancing and recreational drugs. The NCAA's standard for marijuana, for instance, it 10 times that used for airline pilots.

International

Stratfor Report on Mexican Drug Trafficking. The Austin-based private intelligence group has released a free, condensed version of its annual Mexican drug cartel report. Check it out at the link.

Indonesia Set to Execute Six Drug Convicts Sunday. New President Joko Widodo appears to be living up to his vow to not grant clemency to death row drug prisoners. The Indonesian Attorney General's Office announced Friday that it will execute six convicted drug traffickers Sunday. Widodo signed off on the executions last month.

Justice Department Limits Seized Asset Sharing With State, Local Cops [FEATURE]

This article was published in collaboration with AlterNet.

Attorney General Eric Holder (justice.gov)
Attorney General Eric Holder this morning issued an order that will bar federal agencies from participating in "adoptions" of assets seized by state and local law enforcement agencies. "Adoptions" occur when state or local law enforcement agencies seize cash or properties under state laws, but then ask that a federal agency takes the seized property and forfeit it under federal law.

State and local law enforcement agencies routinely resort to "adoption" as a means of circumventing state laws that mandate seized assets go to designated programs, typically a state's general fund or education fund. When a seizure is "adopted" by the feds, the seizing agency gets to keep 80% of the proceeds, with the federal government getting the rest.

"With this new policy, effective immediately, the Justice Department is taking an important step to prohibit federal agency adoptions of state and local seizures, except for public safety reasons," Holder said in a statement. "This is the first step in a comprehensive review that we have launched of the federal asset forfeiture program. Asset forfeiture remains a critical law enforcement tool when used appropriately -- providing unique means to go after criminal and even terrorist organizations. This new policy will ensure that these authorities can continue to be used to take the profit out of crime and return assets to victims, while safeguarding civil liberties."

While much asset forfeiture activity is related to drug cases, they are not included in the list of exceptions to the new policy barring "adoptions." Those public safety exceptions include firearms, ammunition, explosives, and materials related to child pornography.

The new policy does not impact asset forfeitures conducted by federal law enforcement, nor does it bar state and local law enforcement from conducting civil asset forfeiture under state law.

"Policing for profit" just took a big hit. (wikimedia.org)
Under the Justice Department's Equitable Sharing asset forfeiture "adoption" program, state and local law enforcement has made more than 55,000 seizures of cash and property with a value of more than $3 billion since 2008.

Holder's move Friday is the boldest step to roll back sweeping police powers to seize goods and property since federal asset forfeiture began as tactic in the war on drugs in the 1980s. The Justice Department adopted the Equitable Sharing program in 1993.

Civil asset forfeiture -- the seizure of goods or property without having obtained a criminal conviction -- has come under increasing fire in recent years. Several asset forfeiture reform bills were filed in the last Congress, one has already been filed in the new Congress, and members from both parties are working jointly to draw up a bill to reform civil asset forfeiture.

The issue brought together libertarian-leaning groups like the Institute for Justice, which produced the highly critical study "Policing for Profit: The Abuse of Civil Asset Forfeiture," and left-leaning groups like the ACLU to press for reforms. They met with congressional staffers to seek changes last fall.

Just last Friday, a bipartisan group of legislators including Sen. Charles Grassley (R-IA) and Rep. John Conyers (D-MI) sent a letter to Holder calling on him to end the Equitable Sharing program.

Pressure mounted after a Washington Post investigative piece published in September found police had seized nearly $2.5 billion in cash from motorists without search warrants or indictments since September 11, 2001. In that investigation, the Post found that police routinely stopped drivers for minor traffic violations, then intimidated them into agreeing to warrantless searches and seized cash without evidence of criminal misconduct.

Rep. John Conyers (D-MI) is working on civil asset forfeiture reform legislation. (house.gov)
Holder's move is likely to exacerbate already strained relations between the Obama administration and law enforcement agencies. Police groups have expressed unhappiness with remarks both Holder and Obama made about controversial police killings in Ferguson, Missouri, and New York City.

And now, the administration is in effect taking money out of their pockets. More than 7,500 of the nation's 18,000 state and local police departments and joint task forces have participated in the Equitable Sharing program. And hundreds of departments and sheriff's offices have seizure proceeds accounting for more than 20% of their budgets.

The move will also hurt federal agencies that have been "adopting" the seizures, particularly the DEA and ICE. Federal law enforcement has pocketed $800 million under Equitable Sharing seizures without arrests or convictions since 2001.

This is the second major asset forfeiture reform at the federal level. Spurred by reports of abuses of asset forfeiture in the late 1990s, Congress passed the Civil Asset Forfeiture Reform Act of 2000. That bill originally contained a provision "ending the sharing of seizure proceeds between local police and federal agencies," but it was removed in the face of fierce opposition from police and prosecutors.

Since 9/11, with calls by federal officials for state and local law enforcement to surveil the nation's highways looking not only for drugs, but now for terrorists, the program only expanded. It didn't help that the Justice Department and the Department of Homeland Security paid out millions to private companies to teach police officers aggressive highway interdiction techniques emphasizing the importance of seizing cash.

The Equitable Sharing program and the aggressive interdiction techniques created what lawmakers a decade-and-a-half ago called "a perverse incentive" for police to concentrate more on seizing cash than seizing drugs. Now, Holder has butchered the cash cow.

Washington, DC
United States

Chronicle AM: OR Marijuana Moves, No More UMass Snitches, Suboxone Bottlenecks, More (1/15/15)

Oregon marijuana regulators are going on a listening tour while consumers get organized, a Minnesota Indian reservation ponders producing medical marijuana, UMass ends its student snitch program, and more. Let's get to it:

This opiate maintenance drug could be in wider use. (bluelight.org)
Marijuana Policy

Oregon Liquor Control Board on Pot Policy Listening Tour. The board, which is charged with regulating marijuana as well as liquor, has set the first two stops on its statewide listening tour designed to elicit public comment on proposed rules and regulations. The first two stops will be next Thursday in Baker and Pendleton. Click on the link for event details.

NORML Forms Portland Chapter to Lobby for Marijuana Consumer Interests. The National Organization for the Reform of Marijuana Laws (NORML) has formed a Portland, Oregon, chapter to lobby for the interests of pot smokers as the state begins drafting rules for legal marijuana there. The Portland chapter is headed by radio host and long-time marijuana activist "Radical" Russ Bellville. The group will push to ensure that pot smokers are "provided the same rights, privileges, and responsibilities as adult alcohol and tobacco consumers, whenever practical."

Medical Marijuana

Minnesota Indian Tribe Okays Study on Medical Marijuana, Hemp. The tribal council for the Red Lake Band of Chippewa Indians has approved a study what economic benefits could accrue to the tribe by allowing the production of medical marijuana and hemp. Tribal leaders weren't interested in recreational marijuana, but saw job growth and economic development opportunities in producing medical marijuana or hemp. The federal government cleared the way for Indian reservations to participate in marijuana business last month, but so far, only one tribe, the Pinole Pomos in Northern California, has announced plans to move forward.

Harm Reduction

Obstacles to Wider Use of Suboxone. The Washington Post has a nice piece on bureaucratic bottlenecks blocking the wider use of the opiate maintenance medication suboxone, which is safer than methadone. Only doctors who have been trained and approved by the DEA can prescribe it, and only to a limited number of patients. Click on the link for much more.

Law Enforcement

Supreme Court Hears Deportation Case Hinging on Whether a Sock is Drug Paraphernalia. The US Supreme Court Wednesday held a hearing in the case of Moones Mellouli, a legal permanent US resident, who was ordered deported after being caught with four Adderall pills and eventually accepting a deal to plead guilty to possession of drug paraphernalia -- the sock in which the pills were hidden. His is the fourth case in which the high court has looked at deportations for minor drug offenses; in the first three, the court ruled against the government. Given the incredulous tenor of the questions from the justices, it looks like the government may lose this one, too. Click on the link for more.

UMass Amherst Will Quit Using Student Snitches. The school's chancellor has ended its program allowing campus police to use students as confidential informants. The move comes after a student used as a snitch by campus cops died of a heroin overdose. Chancellor Kumble Subbaswamy said using students as snitches is "fundamentally inconsistent with our core values."

Drug War Issues

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