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Chronicle AM: More State Forfeiture Bills, Colombia Drug Farmers Organizing, More... (1/24/17)

Colorado high court rules cops don't have to give your legal weed back if they seize if, changes in the Arkansas medical marijuana law go to the governor, there's more asset forfeiture activity in the states, Colombia's drug crop growers organize, and more.

Asset forfeiture abuses are leading to corrective efforts in more and more states. (Creative Commons/Wikimedia)
Marijuana Policy

Colorado Supreme Court Says Cops Don't Have to Give Seized Marijuana Back. The state Supreme Court ruled Monday that police cannot be forced to return marijuana to a defendant acquitted of pot crimes, because that would cause them to violate the federal Controlled Substances Act. "The return provision requires law enforcement officers to return, or distribute, marijuana," the decision says. "Thus compliance with the return provision necessarily requires law enforcement officer to violate federal law." Three justices disagreed, however, saying that the CSA "immunizes federal and state officers from civil and criminal liability in the circumstances at issue here." But they lost.

Virginia Bill to End Drivers' License Suspension for Possession Advances. A bill that would undo an existing state law requiring the suspension of drivers' licenses for people convicted of pot possession was approved by the Senate Courts of Justice Committee Monday. The measure, Senate Bill 1091 still need approval from the full chamber.

Texas Judge Recommends No Punishment for Teacher Who Smoked Pot in Colorado. A teacher who admitted legally consuming marijuana while in Texas should not face any legal or professional penalty, an administrative judge has ruled. The Texas Education Agency sought to suspend the teacher's license for two years after she handed in a urine sample that tested positive for marijuana. The judge found that the teacher was not "unworthy to instruct" and that there was no evidence to suggest she was under the influence of marijuana while teaching. The TEA will have to make a final decision.

Medical Marijuana

Arkansas Legislature Approves Changes to Medical Marijuana Law. With the state Senate's approval Monday, House Bill 1058 now goes to the governor. It passed the House last week. The bill removes a requirement that doctors declare the benefits of medical marijuana outweigh the risk to the patient. It also specifies that patient information submitted to qualify for medical marijuana is "confidential," but would not be considered "medical records" subject to the Health Information Privacy Protection Act.

Illinois State Treasurer Asks Trump for Clarity on Banking for Medical Marijuana Industry. State Treasurer Michael Frerichs said Monday he sent a letter to President Trump urging him to give clear guidance to the banking industry on marijuana. Frerichs said currently federal law makes it difficult for legal businesses to get loans and restricts customers to cash-only transactions.

North Dakota House Approves Bill Preventing Worker's Comp from Paying for Medical Marijuana. The House overwhelmingly approved House Bill 1156 Monday. Passed in response to voters' approval of a medical marijuana initiative in November, the bill prevents the state Workforce Safety and Insurance agency from paying for medical marijuana to treat a workplace injury. Legislators said marijuana remains illegal under federal law.

Kratom

Florida Kratom Ban Effort Gets Senate Companion Bill. Rep. Kristin Jacobs' (D) lonely crusade to ban kratom is not quite as lonely today. Democratic state Sen. Darryl Rouson has filed Senate Bill 424, which, like Jacobs' House bill, would add the active ingredients in kratom to the state's list of controlled substances.

Asset Forfeiture

Alaska Civil Asset Forfeiture Reform Bill Filed. State Rep. Tammie Wilson (R-North Pole) has filed House Bill 42, which would end civil asset forfeiture by requiring law enforcement obtain a criminal conviction before property is seized. "This has to do with the belongings that are taken," Wilson said. "They still can seized. But now there will be a process for those who were not involved to be able to get their items back without a lengthy proceeding and have to get an attorney to be able to do that."

Oklahoma Asset Forfeiture Bill Coming Back. State Sen. Kyle Loveless (R-Oklahoma City) will once again file asset forfeit legislation this year. The bill would require convictions before asset forfeiture unless the property is valued at more than $50,000, if the person denies any connection to the property, or is deported or otherwise unavailable. Similar efforts in past years have been blocked by strong law enforcement lobbying efforts.

Wisconsin Asset Forfeiture Bill Filed. A bipartisan group of lawmakers is preparing an asset forfeiture reform bill that would require a criminal conviction before any seizure takes place, that any seizure be proportional to the offense, and that proceeds from forfeitures be directed to state general funds, and not law enforcement. The bill is not yet available on the legislative website.

Drug Testing

North Dakota Welfare Drug Testing Bill Filed. State Sen. Tom Campbell (R-Grafton) has filed Senate Bill 2279, which would require the state Department of Human Services to develop a procedure for testing welfare applicants suspected of illegal drug use. The bill would deny benefits for a year to applicants who refuse a drug assessment, refuse a drug test, or don't participate in a treatment program. Similar legislation has been introduced the last three sessions. The Department of Human Services does not support it.

International

Colombia Coca, Opium, and Marijuana Farmers to Form Association. The growers are planning to found the National Coordinator of Coca, Marijuana, and Opium Growers to try "to forge a common negotiating front with the government to influence any potential agreements on drug control that come as a result of peace talks with the Revolutionary Armed Forces of Colombia (FARC). The organization would have national reach and appears to be an effort to create a political coalition with the aim of directly negotiating with the government. Notably, such a coalition could form a future political support base for an eventual FARC political party. By linking the future of a FARC party to the issue of forceful eradication, which the group would almost assuredly oppose, the pace of eradication in Colombia could end up slowing even further," Stratfor reported.

Chronicle AM: MA Bills Subvert Legalization Init, OR MJ Bill Protects Workers, More... (1/23/17)

A Democratic Massaschusetts state senator is out to seriously undercut the state's new, voter-approved marijuana legalization law, an Oregon bill seeks to protect marijuana users' employment rights, El Chapo gets extradited to the US, and more.

Marijuana Policy

DC Activists Hand Out 8,000 Joints for Trump Inauguration. The same folks who brought you legal marijuana in the District were on hand Friday for the inauguration of the incoming president. DCMJ activists handed out nearly double the promised 4,200 joints they promised. A good time was had by all. "Oh yeah, there's 10,000 people who showed up for free marijuana today, so it's really busy," DCMJ founder Adam Eidinger said. "The goal is really to get Donald Trump talking about marijuana, to show the tremendous support. To show that you can have Trump supporters and non-Trump supporters together in unity."

Arizona Decriminalization, Legalization Bills Filed. State Rep. Mark Cardenas (D-Phoenix) filed a bill to decriminalize pot possession (House Bill 2002) and one to legalize marijuana (House Bill 2003). Previous similar bills have never won even a committee hearing, but the state's felony marijuana possession law may finally be out of step with the times enough to give the decrim bill a hearing.

Hawaii Marijuana Legalization Bill Filed.Speaker of the House Joseph Souki (D-District 8) has filed House Bill 205, which "authorizes persons 21 years of age or older to consume or possess limited amounts of marijuana for personal use. Provides for the licensing of marijuana cultivation facilities, product manufacturing facilities, safety testing facilities, and retail stores" and "applies an excise tax on transactions between marijuana establishments."

Maryland Appeals Court Upholds Search Based on Pot Smell, Despite Decriminalization. Even though the possession of small amounts of pot has been decriminalized in the state, the state's highest court has ruled that it remains a banned substance and thus give police probable cause to search a vehicle if they smell it. "Simply put, decriminalization is not synonymous with legalization, and possession of marijuana remains unlawful," Court of Appeals Judge Shirley M. Watts wrote in a unanimous opinion issued Friday. Defendants had argued that police should be required to cite factors leading them to believe the amount they smelled was greater than the 10 grams decriminalized under state law. But the court didn't buy that argument.

Massaschusetts Bills Would Gut Legalization Law. Hardline marijuana foe state Sen. Jason Lewis (D-Winchester) has filed legislation that would deeply curb the ability of state residents to possess and grow marijuana and threaten the ability of recreational pot shops to begin selling a full range of products next year. Lewis would delay the ability of pot shops, now set to open in July 2018, to sell edibles and concentrates for at least two more years, and he would dramatically increase the ability of local governments to reject marijuana businesses. Under the legalization law, they must go to the voters, but Lewis's legislation would undo that. Groups that led the successful November legalization initiative are vowing a vigorous fightback. His package of 14 bills was filed last Friday, the last day to do so.

Oregon Bill to Prevent Pot Smokers From Getting Fired Filed. State Rep. Ann Lininger (D-Lake Oswego) has filed Senate Bill 301, which would override a state Supreme Court decision saying employers can fire marijuana users even though it is legal in the state. The bill would bar employers from requiring workers or prospective workers to "refrain from using a substance that is lawful to use under the laws of this state during nonworking hours."

Virginia Legislators Punt on Decriminalization Bills. A state Senate committee Monday refused to approve a pair of decriminalization bills, instead opting to delay them while the Virginia State Crime Commission studies decriminalization. The bills were Senate Bill 1269 from Sen. Adam Ebbin (D-Alexandria) and Senate Bill 908 from Sen. Louise Lucas (D-Portsmouth).

Asset Forfeiture

Illinois Bill Would End Civil Asset Forfeiture. State Rep. Al Riley (D-Hazel Crest) has filed House Bill 468, which would prohibit the state from seizing property without a criminal conviction. The measure would also block prosecutors from doing an end run around state law by passing cases off to the feds, who then return 80% of the money to the law enforcement agency involved. The bill has been referred to the House Rules Committee.

Drug Policy

California Bill Would Protect Immigrants from Deportation in Low-Level Drug Cases. Assemblywoman Susan Talamantes Eggman (D-Stockton) Monday filed a bill to shield immigrants from deportation for minor drug offenses -- as long as they seek drug treatment or counseling. The bill would adjust state law so that defendants without prior convictions within the last five years could enroll in drug treatment before entering a guilty plea and have those charges wiped from their record upon successful completion. That would prevent them from being considered drug offenders eligible for deportation under federal law. Gov. Jerry Brown (D) vetoed a similar bill last year. The bill is not yet available on the legislative website.

Drug Testing

Missouri College Appeals to US Supreme Court Over Student Drug Testing. Linn State Technical College has appealed to the Supreme Court to overturn federal appeals court rulings that its program requiring mandatory drug testing of all incoming students is unconstitutional. The college has lost at just about every turn in this case, with a federal district court judge issuing an injunction to block implementation of the program, and the 8th US Circuit Court of Appeals rejecting mass, suspicionless drug testing. The appeals court did allow the college to impose testing on students in five safety-sensitive programs.

International

El Chapo Extradited to the US. Longtime Sinaloa Cartel leader and repeat Mexican prison escapee Joaquin "El Chapo" Guzman was extradited to the US last Thursday to face drug and other charges in New York City. "The government of the republic today delivered Mr. Guzmán to the authorities of the United States of America," the Mexican foreign ministry said in a statement.

German MPs Vote to Approve Medical Marijuana. The lower house of parliament last Thursday approved a measure legalizing the medicinal use of marijuana. The law limits the use of medical marijuana to "very limited exceptional cases" and patients will not be allowed to grow their own. Instead medical marijuana will be imported until state-supervised grow operations are set up in Germany.

Medical Marijuana Update

The Hemp Industries Association takes on the DEA over its new coding rule for CBDs, state legislators are busily messing with successful medical marijuana initiatives, and more.

National

Last Friday, the HIA sued the DEA over CBD. The Hemp Industries Association filed a judicial review action against the DEA last Friday over the agency's new rule establishing coding for marijuana derivatives such as CBD cannabis oil. The DEA overstepped its bounds and put at risk a booming cannabis and hemp industry, the suit alleges.

Arkansas

Arkansas House Approves Medical Marijuana Delay. The House voted Tuesday to approve a proposal that would delay implementation of the state's new medical marijuana law. The measure is House Bill 1026. The bill bumps back a 120-deadline from Election Day for the state to issue dispensary and cultivation licenses to 180 days.

Florida

Florida Regulators Issue Draft Medical Marijuana Rules; Initiative Backers Cry Foul. On Tuesday, regulators issued draft medical marijuana rules that had initiative sponsors crying foul. State health officials released draft rules for the state's voter-approved medical marijuana program, but that draft largely leaves current vendors with a stranglehold on the state's industry by applying current laws to the constitutional amendment approved in November, and that isn't sitting well with the people who sponsored the Amendment 2 initiative. "The rule is basically ignoring the text of the constitutional amendment at almost every point of the way," said Ben Pollara, campaign manager of the political committee backing the amendment. The health department will hold public hearings to take input on the rule during the second week of February, with meetings in Jacksonville, Fort Lauderdale, Tampa, Orlando and Tallahassee.

Georgia

Georgia House Forms Medical Marijuana Study Committee. House Speaker David Ralson (R-Blue Ridge) announced Wednesday that a medical marijuana study committee had been formed with Rep. Allen Peake (R-Macon) as its chair. Peake is the author of the state's current limited medical marijuana law and has already announced plans for legislation this year.

North Dakota

North Dakota Senate Approves Medical Marijuana Delay Bill. The state Senate voted 45-0 Tuesday to approve Senate Bill 2154, which would delay some provisions of the state's voter-approved medical marijuana law. Senate leaders said the delay is necessary to develop rules and regulations for the program. The bill now goes to the House.

Wisconsin

As of Monday, Democrats were working on a medical marijuana bill. State Sen. Jon Erpenbach (D) and Rep. Chris Taylor (D) are circulating a medical marijuana after Republican Assembly Speak Robin Vos said he would be open to the idea. Republicans control both houses of the state legislature, and Senate Majority Leader Scott Fitzgerald is not in favor. The Democratic pair have until January 26 to come up with cosponsors and file the bill.

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

Chronicle AM: N. Am. Illegal MJ Market $50+ Billion, AR/ND/ MedMJ Delay Bills, More... (1/18/17)

A new report finds illegal weed is a $50 billion business in North America, Denver begins working on its "social use" ordinance, state legislators move to slow the implementation of medical marijuana, and more.

Marijuana Policy

Estimate Puts Size of North American Pot Market at More Than $50 Billion. A new report from the Arcview Market Research group puts the size of the North American legal marijuana market at $6.9 billion, which is overwhelmed by the $46.4 billion dollar illicit market. Black market marijuana is bigger than wine, which comes in at $38 billion.

States' Effort to Undo Colorado Pot Law Revived. A panel of judges from the 10th US Circuit Court of Appeals in Denver heard arguments Tuesday in a case brought by the states of Nebraska and Oklahoma against Colorado's marijuana law. The hearing suggested judges were open to considering RICO charges against dispensary operators and marijuana cultivation operations. Any decision on the case could take months.

Nevada Governor Announces 10% Excise Tax on Recreational Marijuana. In his final budget speech, Gov. Brian Sandoval (R) announced a 10% excise tax on pot to help support his new budget, which is up 10% from last year's. There's already a 15% is already in place for wholesale purchases, and dispensary operators worry that additional taxes could make the black market stronger.

Denver Begins Work on Allowing Pot Use in Clubs, Other Businesses. A working group of Denver business owners, city regulators, and marijuana foes met together Wednesday to begin crafting regulations to implement the city's voter-approved "social use" ordinance, which will allow clubs, coffee shops, yoga studios, and other businesses to allow marijuana consumption on premises. There is no deadline for finalizing the rules, but advocates hope the city will start accepting applications by the summer.

Medical Marijuana

Arkansas House Approves Medical Marijuana Delay. The House voted Tuesday to approve a proposal that would delay implementation of the state's new medical marijuana law. The measure is House Bill 1026. The bill bumps back a 120-deadline from Election Day for the state to issue dispensary and cultivation licenses to 180 days.

Florida Regulators Issue Draft Medical Marijuana Rules; Initiative Backers Cry Foul. State health officials released draft rules Tuesday for the state's voter-approved medical marijuana program, but that draft largely leaves current vendors with a stranglehold on the state's industry by applying current laws to the constitutional amendment approved in November, and that isn't sitting well with the people who sponsored the Amendment 2 initiative. "The rule is basically ignoring the text of the constitutional amendment at almost every point of the way," said Ben Pollara, campaign manager of the political committee backing the amendment. The health department will hold public hearings to take input on the rule during the second week of February, with meetings in Jacksonville, Fort Lauderdale, Tampa, Orlando and Tallahassee.

North Dakota Senate Approves Medical Marijuana Delay Bill. The state Senate voted 45-0 Tuesday to approve Senate Bill 2154, which would delay some provisions of the state's voter-approved medical marijuana law. Senate leaders said the delay is necessary to develop rules and regulations for the program. The bill now goes to the House.

Law Enforcement

LEAP Changes Its Name, But Not Its Acronym. The drug reform police group Law Enforcement Against Prohibition (LEAP) has now changed its name to the Law Enforcement Action Partnership. "For more than a year, our board and staff have been hard at work to expand into the broader field of criminal justice reform while maintaining a keen focus on our drug policy work. Not only will this expanded scope be a natural fit for our speakers' criminal justice expertise, but it will also help us to become even more effective at moving the drug policy reform conversation forward. And, when you care about something, you want it to be the best it can be. With the right criminal justice reforms, we can do better, for ourselves and for our communities. Our new name reflects the core of our organization," the group said.

New Mexico Bill Would Expand DUI to Include Drugs. Rep. William Rehm (R-Albuquerque) has filed a bill that would target "drugged driving" by setting blood concentration levels similar to those for alcohol for five drugs: marijuana, cocaine, heroin, amphetamine, and methamphetamine. The measure is House Bill 22. But the Drug Policy Alliance, which has opposed similar bills in the past, is raising concerns about this one as well, saying it puts tens of thousands of medical marijuana patients at risk of arrest by setting THC limits unsupported by scientific research.

Book Review: "Marijuana: A Short History" by John Hudak

Marijuana: A Short History by John Hudak (2016, Brookings Institution Press, 217 pp., $14.95 PB)

Marijuana is going mainstream, as evidenced by the spread of medical marijuana and now outright legalization, not to mention its pervasive and increasingly favorable position in popular culture. In the past 20 years, support for legalization has grown from a distinct minority position to a majority one, and now, after November's elections, more than half the states have approved medical marijuana and nearly one out of six Americans lives in a state where it is legal.

Marijuana is now also big business, with industry watchers estimating the size of the legal market at around $20 billion by 2020. There's one problem with such rosy scenarios, though: Pot remains illegal under federal law.

That's a big problem for John Hudak, a senior fellow in governance studies at the Brookings Institution with a keen professional interest in public policy implementation, legislative-executive relations, and marijuana policy. In Marijuana: A Short History, Hudak takes marijuana legalization as pretty much a given -- provided it isn't screwed up too badly in implementation -- and sees federal marijuana prohibition largely as an obstacle to getting pot policy right.

He sketches out the strange place we now find ourselves, with a booming industry enriching state tax coffers at the same time it remains federally illegal, and a federal government largely turning a blind eye to the violations of federal law -- at least for now -- while at the same time refusing to allow that industry the banking privileges and tax breaks provided to legal businesses. Meanwhile, marijuana sellers become Chamber of Commerce members in some states and prison inmates in others.

Hudak describes the growing tension between legalization in the states and federal prohibition as challenging federal authority while also hampering the efficient functioning of the marijuana industry. In his view, we're now in a sort of "worst of both worlds" status quo:

"The resulting situation in the United States may be worse than either national legalization or national prohibition. Legal realities are loosely defined by executive branch guidance and suggestions from the administration. This guidance fails to answer important questions and oftentimes creates new ones. States are constantly asking the federal government how to deal with many of the problems they face; the answers are almost always insufficient. Members of Congress have proposed solutions to some of the biggest challenges facing states, industry actors, and consumers, but that legislation is not acted on."

"The reality is that the state of American law at the start of 2016 is absolutely untenable and is inconsistent with American principles of fairness and equal treatment. Federal officials must commit themselves to coherent, comprehensive, and sensible marijuana policy. Until they do, the system will be arbitrary and unjust, and policy will be ineffective."

Now, at the start of 2017, the tensions Hudak highlights are even more acute, and the November elections brought them to the fore. At the same time the legal recreational market quintupled in size with victories in California, Maine, Massachusetts, and Nevada, the nation elected Donald Trump, whose attorney general pick, Alabama Sen. Jeff Sessions, is an avowed foe of legalization and drug law reform in general.

Trump himself has said he favors letting the states experiment, but the billion-dollar question is whether Trump is going to set pot policy or leave it to his minions. If it's the latter, legal marijuana may be in for a bumpy ride, but even if it's the latter, that's just the political status quo.

That isn't enough for Hudak. He wants things settled at the federal level through congressional action, not left to the administrative whim of some officeholder. Whether the next few years is going to bring us any closer to Hudak's prescription for pot policy perfection is an open question, and it's sure to be contested political terrain.

Hudak raises the right questions about marijuana's future, but make no mistake, Marijuana: A Short History is by no mean all wonkery. After all, Hudak is writing a history, and he does just that in a concise and lively manner, concentrating on the 20th Century in the US, a period that saw the long arc of marijuana prohibition peak before the decline it now faces in the early years of the 21st Century. Of special interest is his section on the rise of a successfully reform movement, as he zeroes in on the people and strategies that made it happen.

Okay, Marijuana: A Short History is pretty wonky. It's serious stuff with a serious purpose: getting us down the path to a sane and effective marijuana policy nationwide. People with an interest in marijuana and marijuana legalization need to be thinking about these things, and Hudak is going to reward a serious reader. And he isn't going to make you slog through 400 pages of academic prose along the way. Read it; it'll make you think.

Kratom Krazed: One Florida Lawmaker's Lonely, Wacky Crusade to Ban the Herb [FEATURE]

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

Florida state Rep. Kristin Jacobs (D-Coconut Creek) is a woman on a mission, albeit a strange and misinformed one. For the last three years, Jacobs has waged a lonely crusade in Tallahassee to ban kratom, the herb derived from a Southeast Asian tree and widely used for pain relief, withdrawal from opiates, and as a less harmful alternative to opiates.

She's at it again this year, having just introduced a measure, House Bill 183, that would add mitragynine and hydroxymitragynine, the active constituents of kratom, to the state's controlled substances list. And she's invoking the specter of Hitler as she does so.

Saying the kratom ban was a "fall on the sword issue" for her, Jacobs railed against the people who have opposed her prohibitionist efforts, accusing them of Goebbels-like propaganda.

"They have a story," she told the St. Peters Blog. "Just like Hitler believed if you tell a lie over and over again, it becomes the truth."

Portraying herself as a bravely challenging a "lie machine… a powerful lobby with lots of money," Jacobs warned against "Big Kratom." "It's not just what they're doing here," she said. "They're doing the same thing around the country."

"They" would be the American Kratom Association and the Botanical Education Alliance. The former was founded by Susan Ash, a 46-year-old who began taking kratom while being treated for dependence on prescription pain relievers and now takes a small dose daily to ease chronic pain and depression. She was so impressed with the results, she founded the group in 2015 to represent kratom consumers. The group now has more than 2,000 members and lobbies against efforts to ban the drug.

The latter is a small nonprofit organization "dedicated to educating consumers, lawmakers, law enforcement, and the media aboutstyl safe and therapeutic natural supplements including Mitragyna speciosa, also known as Kratom," the group says on its web page. "Our mission is to increase understanding in order to influence public policy and protect natural supplements. Our vision is to create a society where every adult has the right to access safe and effective natural supplements."

According to the American Kratom Association, "Kratom is not a drug. Kratom is not an opiate. Kratom is not a synthetic substance. Naturally occurring Kratom is a safe herbal supplement that's more akin to tea and coffee than any other substances. Kratom behaves as a partial mu-opioid receptor agonist and is used for pain management, energy, even depression and anxiety that are so common among Americans. Kratom contains no opiates, but it does bind to the same receptor sites in the brain. Chocolate, coffee, exercise and even human breast milk hit these receptor sites in a similar fashion."

Unsurprisingly, Jacobs disagrees. She calls the herb a "scourge on society" and says it "is an opiate," breezily lumping it in with heroin and pain pill mills.

In Jacobs' dystopian vision, she foresees babies born with withdrawal symptoms, emergency room doctors treating strung-out kratom junkies in the throes of withdrawal, and "addicts with glassy eyes and shaky hands" lurking about until the dreaded kratom overdose gets them. "How many more are going to die?" she asks.

Singlehandedly waging a Florida war on kratom: Rep. Kristin Davis (Wikipedia/Creative Commons)
Well, not many, actually. Like opiates, kratom relieves pain, slows bowel activity, produces euphoric feelings, and creates physical addiction and a withdrawal syndrome. But unlike opiates, it causes a pleasant, caffeine-type buzz in small doses and, more significantly, it is apparently very difficult -- if not impossible -- to overdose on it. The few deaths where kratom is implicated include poly-drug use, or as in a case reported by the New York Times, suicide by a young kratom user who was also being treated for depression.

"Direct kratom overdoses from the life-threatening respiratory depression that usually occurs with opioid overdoses have not been reported," says Oliver Grundmann, clinical associate professor of medicinal chemistry at the University of Florida, told journalist Maia Szalavitz at Vice. Grundmann should know; he just reviewed the research on kratom for the International Journal of Legal Medicine.

Szalavitz also consulted Mark Swogger, an assistant professor of psychiatry at the University of Rochester Medical Center, who with his colleagues analyzed 161 "experience reports" posted by kratom users on the drug information site Erowid.org for a recent study in the Journal of Psychoactive Drugs.

"I think it's pretty safe to say that kratom has at least some addiction potential. The data is fairly strong on that and our study also found that people are reporting addiction," but "overall, we found that it's really mild compared to opioid addiction and it didn't seem to last as long."

Jacobs' inflammatory and ill-founded comments generated a quick and strong reaction from kratom advocates. Kendra Jowers, who sits on the advisory board of the Botanical Education Alliance, didn't mince any words.

"It's difficult to know how to respond to what Representative Jacobs said, because what she said was borderline lunatic," Jowers told the Florida Report. "And I think any sane, rational person could recognize it as such -- whether they have personal ties to kratom or not," she said.

"When Representative Jacobs feels the need to compare an advocacy organization like the Botanical Education Alliance to the Third Reich, she's already lost the argument. She's already shown that she has no winning hand; that's why she resorts to such absurd and outrageously dishonest appeals to emotion and irrationality. We are a group of professionals from across the country who have volunteered our time to fight for people's right to use a natural supplement to curtail their pain and wean off of addiction to opioids and alcohol. To liken us to Hitler is reprehensible and entirely unprofessional," Jowers continued. "That is not to mention how abhorrent and obscene it was for her to trivialize one of the worst atrocities in human history."

Kratom is often prepared as a tea. (Wikimedia/Creative Commons)
Jowers wasn't done. She also took umbrage at Jacobs' portrayal of kratom users as glassy-eyed addicts.

"She may not have named names, but those were personal attacks. Because when she characterizes kratom users this way -- glassy-eyed, shaking, helpless addicts who aren't competent to understand what they're fighting for here -- she is personally attacking the tens of thousands of Floridians who use kratom to responsibly manage their health conditions," Jowers noted.

"Kratom users are mothers, grandmothers, brothers, sisters, and notably, veterans suffering from PTSD, pain, and addiction that may have resulted from what they've endured in the course of their service to this country. I guarantee, you encounter kratom users all the time, and you would have no idea that they are using it unless they were to tell you -- contrary to Representative Jacobs' histrionic and inaccurate characterization," Jowers added.

The American Kratom Association and the Botanical Education Alliance have led the charge against the DEA's move to federally ban kratom -- a pushback that resulted in the agency's unprecedented decision to delay or possibly even undo the proposed ban. And now they are leading the charge to push back against Rep. Jacobs and her war on the herb.

Chronicle AM: Obama Commutes More Drug Sentences, Iran Hangs More Drug Prisoners, More... (1/17/17)

As his term winds down, President Obama continues to free more drug prisoners; New Jersey Dems plan a legalization bill, Wisconsin Dems plan a medical marijuana bill, and more.

Obama meets with prisoners at the El Reno, Oklahoma, federal detention facility. (whitehouse.gov)
Marijuana Policy

New York Times Editorial Board Calls on Feds to Remove Barriers to Marijuana Research. In a Tuesday editorial, the Times cited last week's report from the National Academy of Sciences as it called on the federal government to reschedule marijuana out of Schedule I or, at least, remove regulatory barriers to further research on it. Marijuana "does not belong with LSD and heroin on Schedule I," the Times declared, but "even if Mr. Trump and Congress are unwilling to reclassify marijuana, they could remove the regulatory barriers to research and let scientists get to work."

New Jersey Democrats Prepare Legalization Bill, Despite Christie's Opposition. State Sen. Nicholas Scutari (D) said Monday that he and other Democrats will introduced a legalization bill in February, despite the opposition of Gov. Chris Christie (R). But Christie will be gone after the next election, and the legalization bill will still be there.

Medical Marijuana

Wisconsin Democrats to File Medical Marijuana Bill. State Sen. Jon Erpenbach (D) and Rep. Chris Taylor (D) are circulating a medical marijuana after Republican Assembly Speak Robin Vos said he would be open to the idea. Republicans control both houses of the state legislature, and Senate Majority Leader Scott Fitzgerald is not in favor. The Democratic pair have until January 26 to come up with cosponsors and file the bill.

Sentencing

Obama Commutes Sentences for Another 200+ Drug Offenders, and Chelsea Manning, Too. President Obama Tuesday announced he has commuted the sentences of 209 federal prisoners, nearly all drug offenders, as well as imprisoned leaker Chelsea Manning. Tuesday's actions bring to 1,385 the number of sentences commuted under Obama, far exceeding the number of commutations granted by any modern president.

International

Iran Hangs 14 More Drug Prisoners. At least 14 people were hanged at Karaj Central Prison on drug-related charges in the past week, Iran Human Rights reported Tuesday. The group named 10 of the executed: Mohammad Soleimani, Ali Ebadi, Ali Reza Moradi, Majid Badarloo, Omid Garshasebi, Ali Yousefi, Seyed Ali Sorouri, Ebrahim Jafari, Ali Mohammad Lorestani, and Mohsen Jelokhani. The continuing executions come even as the Iranian parliament considers ending the death penalty for drug offenses.

Brazil Approves First Marijuana-Based Medicine. Brazil's National Health Surveillance Agency (Anvisa)has issued a license for Metavyl, a drug containing 27 milligrams of THC and 25 milligrams of CBD per milliliter. The drug will be available as an oral spray. But Anvisa has designated Metavyl a "black label" drug, meaning it can only be used by patients who have not responded to conventional medicines.

Chronicle AM: More Obama Commutations Coming, HIA Sues DEA Over CBD, More... (1/16/17)

President Obama will commute more drug sentences before he leaves office this week, the hemp industry sues the DEA over its new CBD rule, New York's governor wants to fix his state's decriminalization law, and more.

Obama is about to free hundreds more nonviolent drug offenders. (whitehouse.gov)
Marijuana Policy

New York Governor to Propose Clarifications to State's Decriminalization Law. Gov. Andrew Cuomo (D) has announced plans to remove a loophole in the state's decades-old decriminalization law that lets police charge people with a criminal offense for possession in "public view." That loophole has been applied mainly against racial minorities. Governor Cuomo pushed heavily for closing that loophole in 2014 but was blocked by Senate Republicans who opposed a measure that would have standardized the penalty for all low-level possession as a violation, which would have resulted in a fine instead of arrest.

Medical Marijuana

HIA Sues DEA Over CBD. The Hemp Industries Association filed a judicial review action against the DEA last Friday over the agency's new rule establishing coding for marijuana derivatives such as CBD cannabis oil. The DEA overstepped its bounds and put at risk a booming cannabis and hemp industry, the suit alleges.

North Dakota Bill Would Delay Medical Marijuana Implementation. State Senate Majority Leader Rich Wardner (R-Dickinson) has introduced a bill, Senate Bill 2154, that would suspend implementation of parts of the state's new voter-approved medical marijuana law until the legislature could write a comprehensive law to govern medical marijuana in the state.

Sentencing

Obama Set to Commute Sentences for Hundreds More This Week. As the clock ticks down on his term, President Obama is set to keep on granting clemency to drug offenders up until the last minute. Justice Department officials say he will grant hundreds more commutations this week. He has already cut the sentences of more than 1,100 nonviolent drug offenders, more than any president in modern history.

Chronicle AM: Abuse-Resistant Oxycontin Tied to Heroin ODs, S. America Coca News, More... (1/13/17)

A new study from the Rand Corporation links the introduction of abuse-resistant Oxycontin in 2010 to the rise in heroin overdose deaths, Bolivia and Colombia take different approaches to coca, a Georgian political party office gets raided, and more.

Georgian police seized pot plants in paper cups from the Girchi Party offices in Tbilisi Wednesday. (DF News)
Marijuana Policy

New Mexico Legalization Bill Filed. State Rep. Bill McCamley (D-Las Cruces) has filed House Bill 89, the Cannabis Revenue and Freedom Act. It would allow the possession of up to two ounces by adults at home and one ounce outside the household, the cultivation of up to six plants (or 12 per household) and the possession of a harvest up to eight ounces. The measure would revamp the state's existing medical marijuana system and allow for marijuana sales beginning in 2019.

Medical Marijuana

Georgia House Forms Medical Marijuana Study Committee. House Speaker David Ralson (R-Blue Ridge) announced Wednesday that a medical marijuana study committee had been formed with Rep. Allen Peake (R-Macon) as its chair. Peake is the author of the state's current limited medical marijuana law and has already announced plans for legislation this year.

Heroin and Prescription Opioids

RAND: Introduction of Abuse-Deterrent Oxycontin Led to Rise in Heroin Overdose Deaths. In a new working paper released this week, the RAND Corporation looked at supply-side attempts to limit access to opioids and found unintended consequences. Focusing on the 2010 introduction of abuse-resistant Oxycontin, the RAND analysts found "large differential increases in heroin deaths immediately after reformulation in states with the highest initial rates of OxyContin misuse" and concluded that "a substantial share of the dramatic increase in heroin deaths since 2010 can be attributed to the reformulation of OxyContin."

Asset Forfeiture

North Dakota Civil Asset Forfeiture Reform Bill Filed. Eight state legislators jointly filed House Bill 1170 last week. The bill would prohibit the seizure of property without a criminal conviction in most cases. The measure would also require that most proceeds from forfeitures go into the state's general fund; currently, law enforcement agencies can keep up to 100% of the proceeds. The bill would also ban passing busts off to the feds in a bid to evade state restrictions.

International

Bolivia Government Files Bill to Expand Coca Production. The bill would expand legal coca production from 30,000 acres to 50,000 acres. But not all coca growers are happy because some regions are getting more expansion than others.

Colombia Starts Spraying Glyphosate on Coca Crops Again. Colombia recommenced the controversial program on January 2, but this time, it's not using airplanes. Instead, the spraying is being conducted by hand. The aerial spraying campaign had been ended in 2015 over health and environmental concerns, but faced with an increasing amount of coca under cultivation, the government is now resorting once more to the herbicide.

Republic of Georgia Police Raid Party Office, Seize Pot Plants. Georgian police raided the office of the Girchi Party Wednesday, seizing 84 marijuana seedlings that had been planted New Year's Day in a bid to gain publicity for drug decriminalization. Police had threatened party activists with up to 12 years in prison for drug cultivation, but so far have only seized the plants. "This is the price of the action, that something like this would have consequences. Let's see what level this absurdity will reach. I worry about the plants. I am not sure if they will take proper care on them," Iago Khvichia, a member of the party's political council said.

Chronicle AM: NAS Report on MedMJ Released, WA Home Cultivation Bill Filed, More... (1/12/17)

The National Academy of Sciences releases a report finding marijuana is medicine, Rhode Island legislators aim to get pot legal in a hurry, a new bill in Washington state would allow home cultivation, and more.

Marijuana Policy

Maine Bill Would Impose One-Year Moratorium on Legal Marijuana Sales. State Senate President Mike Thibodeau (R) is leading an effort to delay key provisions of the Question 1 legalization initiative. He is sponsoring a bill that would enact a one-year moratorium on pot sales to adults and prohibit the sale of marijuana edibles. "This is not trying to circumvent what the voters passed at the ballot box," he claimed. The bill is not yet available on the legislative website.

Rhode Island Legislators Unveil Legalization Plans. In a proposal unveiled Wednesday, lawmakers came out for a quick move to legal marijuana sales by allowing medical marijuana dispensaries to sell recreational marijuana six months after a bill passes. The legalization proposal would also limit home cultivation to one plant, which must be tagged for tracking purposes. The bill is not expected to be filed until next week at the earliest.

Washington State Bill Would Allow Home Cultivation. State Rep. Sherry Appleton (D-Poulsbo) has introduced House Bill 1092, which would allow adults to grow up to six plants at home, as long as the yield is less than 24 ounces. Homes with more than one adult grow produce a total of 12 plants for up to 48 ounces of usable weed. Washington is the only legalization state that does not allow for home cultivation.

Medical Marijuana

National Academy of Sciences Finds Conclusive Evidence Marijuana is an Effective Medicine. The National Academy of Sciences Thursday released a groundbreaking report, "The Health Effects of Cannabis and Cannabinoids: The Current State of Evidence and Recommendations for Research. The report finds there is conclusive evidence that marijuana can be used as a medicine, though it didn't find clinical evidence for all conditions marijuana treatment is often associated with. The report does recognize the efficacy of marijuana for treating many medical conditions, including chronic pain, chemo-induced nausea and vomiting, and multiple sclerosis spasticity.

Arkansas Regulators Set Number of Dispensaries at 32. The state Medical Marijuana Commission announced Tuesday that it will issue up to 32 licenses for medical marijuana dispensaries. The commission now has until March 9 to come up with rules for dispensary licensing.

Arkansas Bill to Delay Dispensary Rule-Making Advances. A bill that would delay the creation of rules for licensing dispensaries passed the House Select Committee on Rules Wednesday. Authored by state Rep. Douglas House (R-North Little Rock), House Bill 1026 would give the state Medical Marijuana Commission an extra 60 days beyond March 9 to craft rules and another 30 days before entities can apply for licenses.

Connecticut Doctors' Panel Recommends Adding Four Qualifying Conditions. The state's panel of physicians charged with reviewing requests for adding new qualifying conditions for the state's medical marijuana program decided Wednesday to add fibromyalgia, muscular dystrophy, shingles, and rheumatoid arthritis to the list.

Georgia Medical Marijuana Bill Filed. Rep. Allen Peake (R-Macon), sponsor of a bill last year that allows for the use of CBD cannabis oil, has now filed a full-fledged medical marijuana bill, but it's not yet available on the legislative website. Stay tuned.

Industrial Hemp

Arizona Industrial Hemp Bill Filed. State Sen. Sonny Borrelli (R-Lake Havasu City) has filed a bill to allow for the production of industrial hemp. The measure is Senate Bill 1045, which would exempt any cannabis plants containing less than 0.3% from the state's marijuana laws.

International

Argentines Move to Crack Down on Cocaine Paste. The Argentine government of President Mauricio Macri has submitted plans to modify the country's drug laws to substantially increase penalties for the production and sale of "paco" (cocaine paste). Current law specifies a four-to-six year prison term, while the proposed change would see terms increase to 15-to-18 years. Small-time dealers would between one and four years, while users would face forced drug treatment.

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