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Medical Marijuana Update

Medical marijuana for vets hits a bump in the House, a federal medical marijuana research bill is introduced, a bid to expand medical marijuana in the Lone Star State gets stymied, and more.

National

On Monday, a federal bill to facilitate medical marijuana research was filed. A bipartisan group of representatives led by marijuana reformer Rep. Earl Blumenauer (D-OR) and anti-legalization Rep. Andy Harris (R-MD) has filed House Resolution 3391, the Medical Marijuana Research Act of 2017. The bill would remove barriers inhibiting medical marijuana research.

On Tuesday, the House Rules committee blocked an effort to let VA docs recommend medical marijuana. A proposed amendment to the Veterans Administration appropriations bill to allow VA doctors to recommend medical marijuana has been bottled up in the House Rules Committee. The same amendment actually passed the House last year, but committee Chair Rep. Pete Sessions (R-TX) refused to even allow a vote on it. The Senate version of the amendment is still alive, though, and if the Senate approves it again this year, it could still make it into the final appropriations bill.

Texas

Last Wednesday, a bid to expand medical marijuana was defeated. An effort to expand medical marijuana in the state was stopped by the House State Affairs Committee Wednesday. Rep. David Knoll (R) had tried to add an amendment to a special session bill authorizing the Texas Medical Board and other agencies, but the amendment never got enough support to come up for a vote.

US Virgin Islands

On Monday, a bill to legalize medical marijuana was reintroduced. Territorial Sen. Positive Nelson has refiled his Virgin Islands Medical Cannabis Patient Care Act. A similar bill died in committee last year, and Nelson wants to avoid a similar fate this year. "I'm requesting that this measure be heard by the committee of the whole, and not the Health Committee, whose chair has exhibited an obvious bias against cannabis legalization in any form," Nelson said.

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

Chronicle AM: Duterte Vows More Drug War, House Panel Blocks VA MedMJ, More... (7/26/17)

Maine legislators recommend a 20% tax on legal pot, a House committee blocks an amendment that would let VA doctors recommend medical marijuana, Philippines President Duterte is ready for another year of drug war, and more.

Filipino strongman Rodrigo Duterte vows more bloody drug war. (Creative Commons)
Marijuana Policy

Maine Legislative Panel Proposes 20% Marijuana Tax. The committee charged with drawing up regulations for the state's legal marijuana industry is proposing that recreational marijuana be taxed at a rate of 20%, with 5% paid to localities that allow cultivation or retail businesses. There would be a 10% wholesale excise tax and a 10% sales tax on retail sales. The proposed tax is double what voters approved when they passed a legalization initiative last fall.

Medical Marijuana

Federal Bill to Facilitate Medical Marijuana Research Filed. A bipartisan group of representatives led by marijuana reformer Rep. Earl Blumenauer (D-OR) and anti-legalization Rep. Andy Harris (R-MD) has filed House Resolution 3391, the Medical Marijuana Research Act of 2017. The bill would remove barriers inhibiting medical marijuana research.

House Rules Committee Blocks Effort to Let VA Docs Recommend Medical Marijuana. A proposed amendment to the Veterans Administration appropriations bill to allow VA doctors to recommend medical marijuana has been bottled up in the House Rules Committee. The same amendment actually passed the House last year, but committee Chair Rep. Pete Sessions (R-TX) refused to even allow a vote on it. The Senate version of the amendment is still alive, though, and if the Senate approves it again this year, it could still make it into the final appropriations bill.

International

Philippines President Duterte Vows to Continue Drug War. In his second state of the nation speech Monday, Philippines President Rodrigo Duterte vowed to continue his bloody war on drugs, warning that offenders will end up "in jail or hell." He also exhibited bravado as he brushed off international criticism, saying that he wasn't scared of the International Criminal Court and was "willing to go to prison for the rest of my life." He also called on Congress to reinstate the death penalty for drug offenses.

Chronicle AM: Congress Takes Up MJ This Week, Colombia Coca Violence Flares, More... (7/25/17)

Congress will take up several amendments relating to marijuana policy this week, Maine is getting closer to agreement on how to implement legalization, fighting in Colombia's coca country is generating refugee flows, and more.

Fighting at the edge of coca country in Colombia generated refugee flows last week. (dea.gov)
Marijuana Policy

Congress Takes Up Marijuana Issues This Week. The Congress will take up several marijuana-related amendments this week. The House will take up amendments seeking to allow veterans to get medical marijuana recommendations through the Department of Veterans Affairs. A similar measure has already passed the Senate Appropriations Committee. The Senate Appropriations Committee will take up renewing a federal ban on spending to interfere with state marijuana laws. The House version of the amendment has already passed the House Appropriations Committee. And the House Rules Committee will take up an amendment protecting water rights for state-legal marijuana growers.

Maine Lawmakers Near Agreement on Legal Pot Rules. The special legislative panel overseeing implementation of the state's voter-approved pot legalization law has nearly finished its work. It has already agreed to remove the cultivation cap in the initiative and to block regulators from setting limits on cultivators, while adding a six-month state residency requirement for growers and sellers aimed at limiting out-of-state companies from dominating the market. The panel is leaving local control alone, meaning localities could ban pot businesses. And while it hasn't agreed on a final tax rate yet, it looks like it will be relatively low compared to other legalization states, coming in at between 10% and 20%.

Drug Testing

Maine Labor Department Tells Employers Not to Test for Pot Pending Changes in State Law. The Labor Department said most businesses should not test workers and job applicants for marijuana because the state does not have laws on the books. The Labor Department urged the legislative panel charged with implementing legalization to write laws that would clearly spell out what testing regimes would be allowed.

International

Fighting in Colombian Coca Zones Displaces Hundreds. Colombian security forces and an "unidentified illegal armed group" have been engaged in armed clashes in the municipality of Hacari in Norte de Santander state for several days, according to the United Nations. As a result, more than 200 locals have fled. The area is near Catatumbo, where there is more coca than government presence, and where dissident leftish guerillas and rightist paramilitary forces have been active.

Chronicle AM: Ominous DOJ MJ Report, Indonesia Prez Says Shoot Dealers, More.... (7/24/17)

A key Justice Deparatment report is slated to drop this week, so is a federal hemp bill, Indonesia's leader seems to be following in Duterte's footsteps, and more.

What is Attorney General Sessions cooking up for pot policy? We should know this week. (senate.gov)
Marijuana Policy

Justice Department Report to Be Released This Week Could Include Crackdown on Marijuana. A Justice Department Task Force on Crime Reduction and Public Safety, led by Attorney General Jeff Sessions, is set to release its report this, and reformers and industry insiders worry the report will try to link marijuana to violent crime, laying the basis for a crackdown on marijuana users and purveyors.

Massachusetts Local Control Compromise Could Face Legal Challenge. A legislative compromise that would let elected leaders in some communities ban marijuana businesses without a popular vote could be challenged as unconstitutional under state law. Under the compromise, if a majority of a local jurisdiction opposed the 2016 legalization initiative, local leaders could ban without a popular vote, but if the majority voted for the initiative, a ban would require a popular vote. The initiative itself called for no bans without a popular vote. Senate Minority Leader Bruce Tarr (R-Essex) warned that the compromise language could be challenged on the basis it violates equal protection laws.

Medical Marijuana

Virgin Islands Medical Marijuana Bill Reintroduced. Territorial Sen. Positive Nelson has refiled his Virgin Islands Medical Cannabis Patient Care Act. A similar bill died in committee last year, and Nelson wants to avoid a similar fate this year. "I'm requesting that this measure be heard by the committee of the whole, and not the Health Committee, whose chair has exhibited an obvious bias against cannabis legalization in any form," Nelson said.

Hemp

Federal Hemp Bill to Be Filed This Week. US Rep. James Comer (R-KY) is expected to introduce the Industrial Hemp Farming Act this week. The bill, versions of which have been introduced in each Congress since 2009, would remove industrial hemp from the definition of marijuana under the Controlled Substances Act and would allow research on hemp with up to 0.6% THC -- up from 0.3% in earlier bills.

Immigration

Permanent Resident Set to Be Deported for Marijuana Wins in Federal Appeals Court. The US 7th Circuit Court of Appeals in Chicago has ruled in favor of permanent resident Ming Wei Chen, who had been ordered deported from the country after a marijuana conviction. The court ruled that the Board of Immigration Appeals misapplied Supreme Court rulings when it held his conviction constituted an "aggravated felony."

International

Indonesia's President Tells Police to Shoot Drug Dealers. President Joko Widodo has told police to shoot drug traffickers as part of his efforts to fight a "narcotics emergency" in the country. "Be firm, especially to foreign drug dealers who enter the country and resist arrest. Shoot them because we indeed are in a narcotics emergency position now," Widodo said in a speech last Friday. The remarks drew comparisons with statements from Philippines President Rodrigo Duterte, who has overseen a drug crackdown that has left thousands dead there.

Amidst Violent Gun Battles, Mexico City Sees First Narco-Blockade. Mexican marines engaged in a gun battle with drug gangsters in the capital's Tlahuac neighborhood, leaving eight gunmen, including Tlahuac Cartel leader Jesus Perez Luna dead. During the shoot-out, dozens of people blocked streets in the area, setting on fire a truck and two stolen minibuses in a "narco-blockade" aimed at preventing the arrival of police and military reinforcements. That's a first for Mexico City.

Poland Legalizes Medical Marijuana. Polish President Andrzej Duda has signed a bill legalizing medical marijuana in the country. Patients will not be able to grow their own, but will be able to obtain imported marijuana products at pharmacies. The law allows people with severe illnesses to use medical marijuana if approved by a physician, but has no list of qualifying conditions. The law will go into effect in October.

Chronicle AM: US Lawmakers Rip Duterte, Harris/Paul Senate Bail Reform Bill, More... (7/21/17):

A congressional panel ripped into Philippines President Duterte and his bloody drug war Thursday, Kamala Harris and Rand Paul file a bail reform bill, a South Carolina Republican congressman files a bill to allow drug testing of unemployment applicants, and more.

US Rep. Jim McGovern (D-MA) at hearing of congressional Tom Lantos Human Rights Commission Thursday. (TLHRC)
Marijuana Policy

Maine House Approves Bill Requiring Marijuana Be Tested for Safety. The House on Thursday overwhelmingly approved a bill that would require the state Agriculture Department to set up testing facilities for marijuana before it could be sold. This is the first bill from a special select committee of legislators charged with creating a regulatory regime for legal pot. It goes against the wishes of Gov. Paul LePage (R), who wants the Bureau of Alcoholic Beverages and Lottery Operations to be in charge of all legal marijuana regulations.

Criminal Justice

US Sens. Kamala Harris, Rand Paul File Federal Bail Reform Bill. Sens. Kamala Harris (D-CA) and Rand Paul (R-KY) filed the Pretrial Integrity and Safety Act of 2017 on Thursday. The purpose of the bill is "to encourage states to reform or replace the practice of money bail, the requirement that individuals awaiting trial remain in jail unless they pay for their release." Without being able to make bail, people charged -- but not convicted -- with a crime can spend weeks or months behind bars, with devastating consequences for employment, finances, and families. The bill is not yet available on the congressional web site.

Drug Testing

South Carolina Rep Files Federal Unemployment Drug Testing Bill. US Rep. Buddy Carter (R-SC) filed a bill on Thursday that would let states screen unemployment applications for drug use and force them to undergo drug testing in some circumstances. The bill would deny unemployment benefits for 30 days to anyone testing positive for drug use, and a second positive drug test would result in a year-long ban. The bill is not yet available on the congressional website.

International

US Lawmakers Rip Philippines Drug War Abuses. At a hearing of the Congress's Tom Lantos Human Rights Commission on Thursday, American lawmakers ripped into Philippines President Rodrigo Duterte over drug war abuses, including the killing of thousands of drug suspects, and called on President Trump to condemn Duterte -- and to rescind an invitation to visit the White House. Rep. Jackie Speier (D-CA) said she was "troubled" by the invite, while Rep. Jim McGovern (D-MA) said he would "lead the protest" if Duterte shows up. "President Duterte, by all accounts, seems to not have a high regard for human rights," McGovern said. "The United States government cannot afford any degree of complicity with the kinds of human rights violations that are occurring," he said. "No other country -- I repeat that, 'no other country' -- comes to mind where people are assassinated on the streets in the name of fighting drugs, and leaders brag about it as a good thing," he added.

UN Says Bolivia Coca Cultivation on the Rise. The UN Office on Drugs and Crime (UNODC) has expressed concern about what it says is a 14% increase in land under coca cultivation. "This increase is a concern for us," said UN Drugs and Crime Representative of Bolivia, Antonio De Leo. Bolivian President Evo Morales expressed regret at the report, but noted that much more illicit coca is being grown in Colombia and Peru.

Chronicle AM: MA Legal MJ Bill Heads to Gov, DOJ Restarts Forfeiture Sharing, More .... (7/20/17)

Massachusetts lawmakers approve the legal marijuana bill, the Justice Department officially resurrects "adoptive sharing" for asset forfeitures, Gallup says more Americans have smoked pot than ever, and more.

California is on the verge of approving a state law to allow supervised injection sites to operate in the state. (vch.ca)
Marijuana Policy

Gallup Poll Has Number Who Say They've Used Marijuana at All-Time High. Some 45% of American adults have tried marijuana, according to Gallup. That's an all-time high, and it's more than ten times the number (4%) who admitted smoking pot in 1969, the first year Gallup asked the question. About 12% said they currently use marijuana.

Massachusetts Legislature Approves Compromise Legalization Bill. The House and Senate both approved a compromise measure to implement marijuana legalization Wednesday. House Bill 3818 now heads to the desk of Gov. Charlie Baker (R), who is expected to sign it. The bill increases taxes from 12% to up to 20%, and would allow authorities in localities that didn't vote in favor of the legalization initiative to ban pot businesses without a popular vote.

Medical Marijuana

Texas Bid to Expand Medical Marijuana Defeated. An effort to expand medical marijuana in the state was stopped by the House State Affairs Committee Wednesday. Rep. David Knoll (R) had tried to add an amendment to a special session bill authorizing the Texas Medical Board and other agencies, but the amendment never got enough support to come up for a vote.

Asset Forfeiture

Justice Department Brings Back Aggressive Asset Forfeiture Policy. As Attorney General Sessions vowed earlier this week, the Justice Department on Wednesday formally unrolled a revamped "adoptive forfeiture" policy that will allow state and local law enforcement agencies to hand drug cases over to the feds to ensure that the cops get the great bulk -- 80% -- of the proceeds from seizures, in many cases doing an end-run around state asset forfeiture law. The program was halted by then-Attorney General Eric Holder in 2015 after a rising outcry over abuses. The move was praised by law enforcement but criticized by civil rights groups and even some members of Congress.

Heroin and Prescription Opioids

Rhode Island Governor Signs Package of Bills to Fight Opioid Epidemic. Gov. Gina Raimondo (D) Wednesday signed into law three bills aimed at the state's opioid problem. One allows law enforcement to access an electronic prescription database without a warrant, one requires doctors to discuss the risks of addiction with patients when prescribing opioids, and one expands the kind of drugs that can be electronically prescribed. "Every Rhode Island community has been touched by this crisis, and I'll take every step I can to fight back," Raimondo said in a signing statement.

Harm Reduction

California Safe Injection Site Bill Awaits Senate Floor Vote. A bill that would allow supervised injection sites in the state has already passed the Assembly and has now been approved by both the Senate Health Committee and the Public Safety Committee. Assembly Bill 186, sponsored by Assemblywoman Susan Talamantes Eggman (D-Stockton) now awaits a Senate floor vote. If the bill passes, it will go back to the Assembly for concurrence, and then to Governor Jerry Brown's desk.

Medical Marijuana Update

A measure that would allow VA docs to issue medical marijuana recommendations advanced in the Senate, Massachusetts' highest court rules in favor of a worker fired for using medical marijuana, and more.

National

Last Thursday, a Senate panel approved medical marijuana for veterans. The Senate Appropriations Committee voted to adopt an amendment that would allow military veterans to get medical marijuana recommendations through the Department of Veterans Affairs. The bipartisan measure picked up four more votes than last year, when it was approved by the full House, but killed in conference committee.

Massachusetts

On Monday, the state's high court ruled for a woman fired for using medical marijuana. The state Supreme Judicial Court ruled that a woman fired after testing positively for legally recommended medical marijuana can sue her former employer for handicap discrimination. The employer had argued that the use shouldn't be allowed because marijuana remains illegal under federal law, but the high court disagreed. If a doctor concludes medical marijuana is the most effective treatment for a debilitating condition, "an exception to an employer's drug policy to permit its use is a facially reasonable accommodation" and "the fact that the employee's possession of medical marijuana is in violation of federal law does not make it per se unreasonable as an accommodation."

Nevada

On Sunday, medical marijuana patients complained of higher prices after recreational sales began. Medical marijuana patients are complaining of "price gouging" in the wake of the advent of legal recreational marijuana sales in the state. "Our prices have almost doubled in some places," patient Emily Wilson said. Some patients are reportedly resorting to the black market because of high legal prices.

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

Chronicle AM: Uruguay Marijuana Pharmacy Sales Begin, DPA Names New Chief, More... (7/19/17)

All New England states have now either decriminalized or legalized marijuana, the Drug Policy Alliance names a new head, Uruguay begins legal pot sales at pharmacies, and more.

Marijuana Policy

Massachusetts Legalization Implementation Bill Could Go to Governor This Week. Legislative leaders defended their compromise pot bill, House Bill 3818, Wednesday, and votes on the bill could come at any time. The measure is expected to pass the legislature and then head to the desk of Gov. Charlie Baker (R), who is expected to sign it. The bill increases taxes from 12% to up to 20%, and would allow authorities in localities that didn't vote in favor of the legalization initiative to ban pot businesses without a popular vote.

New Hampshire Governor Signs Decriminalization Bill. Gov. Chris Sununu (R) has signed into law House Bill 640, which eliminates criminal penalties for the possession of up to three-quarters of an ounce of marijuana. Instead of jail time, violators will face a $100 fine for a first offense, $200 for a second, and $350 for a third offense within three years of the original offense. With the state now adopting decriminalization, all of New England has now either legalized or decriminalized marijuana possession.

Drug Policy

Drug Policy Alliance Names New Executive Director. The Drug Policy Alliance (DPA), the nation's most powerful drug reform organization, has selected a replacement for founder and long-time executive director Ethan Nadelmann, who stepped down earlier this year.The DPA board of directors announced Tuesday it had voted unanimously to appoint Maria McFarland Sánchez-Moreno as Nadelmann's successor. McFarland Sánchez-Moreno is moving over from Human Rights Watch, where for the past 13 years she served as Co-Director of the US Program, where she picked up plenty of domestic and international drug policy experience. She also pushed for the group to more directly take on the war on drugs as a human rights issue, and as a result, Human Rights Watch became the first major international human rights organization to call for drug decriminalization and global drug reform.

International

Uruguay Legal Marijuana Sales in Pharmacies Get Underway. Pharmacists in Uruguay began selling marijuana to customers Wednesday, the last step in a pioneering national legalization process that began more than three years ago. Uruguay is the first country in the world to completely legalize marijuana for recreational use. Canada is set to be next.

Chronicle AM: MA Solons Reach Legalization Accord, Sessions Wants More Forfeiture, More... (7/18/17)

Bay state lawmakers come together on implementing marijuana legalization, Jeff Sessions signals a ramped up asset forfeiture effort, DanceSafe is offering fentanly test strips, and more.

Fentanyl test strips being offered for sale by the harm reduction group DanceSafe (dancesafe.org)
Marijuana Policy

Massachusetts Lawmakers Reach Agreement on Legalization Implementation Bill. Lawmakers announced Monday they had agreed on a rewrite of the state's voter-approved marijuana legalization law. Under the deal, taxes on pot could reach 20% (up from the 12% approved by the voters, down from the 28% proposed by the House). The measure, House Bill 3818, also addresses the issue of local control by requiring jurisdictions where a majority voted for the initiative to hold a popular vote before banning marijuana businesses; jurisdictions that didn't favor the initiative could ban such businesses without a popular vote.

Pennsylvania Auditor General Renews Call for Legalization. Auditor General Eugene DePascuale (D) came out in support of marijuana legalization earlier this year, and he was at it again this week. Now, he's arguing that legalization could help in fighting the opioid epidemic."So the connection I'm drawing there is: there are times when there are going to be people who will smoke marijuana as a way to reduce their pain," DePasquale said. "The ideal would be for nobody to have any pain, but that's not reality. In many instances, marijuana is a much safer alternative than opioids."

San Francisco Creates Office of Cannabis for Pot Businesses. The city has taken initial steps to create a new Office of Cannabis to handle marijuana permits and complaints and serve as a clearinghouse for the public and pot businesses. It will be responsible for creating and managing the permitting process for all pot businesses, as well as providing policy analysis and serving as the main point of contact for businesses, state regulators, and the public.

Asset Forfeiture

Attorney General Sessions Wants to Ramp Up Asset Forfeiture in Drug Cases. Attorney General Jeff Sessions said on Monday that the Dept. of Justice will seek to increase the use of asset forfeiture by state and local police forces. Sessions said in prepared remarks for the National District Attorney's Association meeting, "We hope to issue this week a new directive on asset forfeiture -- especially for drug traffickers. With care and professionalism, we plan to develop policies to increase forfeitures. No criminal should be allowed to keep the proceeds of their crime."

Harm Reduction

DanceSafe is Now Offering Fentanyl Test Strips. The rave culture-oriented harm reduction group has studies various fentanyl detection strips and found that one offered by Canadian company BTNX was most effective at detecting the synthetic opioid and its analogues. It is now offering those strips for sale via its website. Click on the link for complete information.

Chronicle AM: Houston Cops Drop Faulty Field Drug Tests, AK Pot Clubs Coming, More... (7/17/17)

Houston police will quit using faulty field drug tests that sent hundreds of innocents to jail, a Colorado appeals court rules a drug dog alert on marijuana in a vehicle is not sufficient grounds for a vehicle search, the Massachusetts high court sides with an employee fired for medical marijuana use, and more.

The Massachusetts Supreme Judicial Court has ruled in favor of an employee fired for medical marijuana use. (Creative Commons)
Marijuana Policy

Alaska Regulators Advance Social Consumption Proposal. At its meeting last week, the state Marijuana Control Board voted 3-2 to approve draft rules for on-site marijuana consumption at retail outlets. Now there will be a 60-day public comment period before the rules come back to the board, most likely at its November meeting.

Colorado Appeals Court Rules Marijuana Scent Not Enough to Search Vehicle. An appeals court ruled last Thursday that a drug dog's detection of the scent of marijuana in a vehicle does not give police the authority to search the vehicle. "Because Amendment 64 legalized possession for personal use of one ounce or less of marijuana by persons 21 years of age or older in Colorado, it is no longer accurate to say, at least as a matter of state law, that an alert by a dog which can detect marijuana -- but not specific amounts -- can reveal only the presence of "contraband,'" he wrote.

Medical Marijuana

Massachusetts High Court Rules for Woman Fired for Using Medical Marijuana. The state Supreme Judicial Court ruled Monday that a woman fired after testing positively for legally recommended medical marijuana can sue her former employer for handicap discrimination. The employer had argued that the use shouldn't be allowed because marijuana remains illegal under federal law, but the high court disagreed. If a doctor concludes medical marijuana is the most effective treatment for a debilitating condition, "an exception to an employer's drug policy to permit its use is a facially reasonable accommodation" and "the fact that the employee's possession of medical marijuana is in violation of federal law does not make it per se unreasonable as an accommodation."

Nevada Medical Marijuana Patients Facing Higher Prices With Legalization. Medical marijuana patients are complaining of "price gouging" in the wake of the advent of legal recreational marijuana sales in the state. "Our prices have almost doubled in some places," patient Emily Wilson said. Some patients are reportedly resorting to the black market because of high legal prices.

Drug Testing

Houston Cops End Use of Field Drug Tests That Sent Innocent People to Jail. Police in the nation's fourth largest city have ended the use of $2 chemical field drug tests, whose use have led to hundreds of wrongful convictions in recent years. Police announced the move as an officer safety measure in the face of dangerous new drugs, but did not mention the faulty tests' role in the recent scandal over convictions based on false positives.

Drug War Issues

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