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Chronicle AM: ME to Vote on Legalization, AK "Pot Cafes," AL Passes CBD MedMJ, More... (5/2/16)

Lots of Maine news today, Alaska could see "pot cafes," a New Hampshire asset forfeiture bill gets gutted under police pressure, and more.

Coming to Maine?
Marijuana Policy

Alaska Marijuana Draft Regulations Include Pot Cafes. Alaska could become the first legalization state to actually allow social marijuana smoking in designated businesses. The state's Marijuana Control Board has crafted draft regs that would allow users to toke up inside retail stores. The draft regs are now awaiting public comment. While "public" marijuana use is banned, the regs create an exemption for retail stores to seek an "onsite consumption endorsement" to their licenses. Stores with that endorsement could then set aside an area for people to consume marijuana.

California GOP Opposes AUMA Legalization Initiative. The state Republican Party voted at its convention over the weekend to oppose the Adult Use of Marijuana Act (AUMA) marijuana legalization initiative. "We must not turn this plague loose on our children and the people of California," said Sen. Jim Nielsen (R-Gerber, who also called marijuana an "entry-level" drug that leads to addiction. California Democrats have endorsed the initiative.

It's Official: Maine Will Vote on Legalization in November The final obstacle to a popular vote was removed last Friday, when state legislators punted on their chance to act on the citizen legalization initiative, opting instead to send the question to the voters instead. Earlier, the Campaign to Regulate Marijuana Like Alcohol, which organized the state's legalization initiative had to go to the courts to force recalcitrant state officials to properly count all the signatures, and they did so.

Vermont House Takes Up Marijuana Legalization Today. The House is considering legalization today, albeit in a roundabout fashion. One House committee rejected the legalization measure, Senate Bill 241, while another amended it to legalize possession and personal cultivation, but not regulated, legal marijuana commerce. The Senate responded by pasting SB 241 into another bill, House Bill 858, which the House is considering today. Stay tuned!

Medical Marijuana

Alabama Passes CBD Medical Marijuana Bill. Both houses of the legislature have now approved "Leni's Law," which would allow people with seizure disorders or other debilitating medical conditions to use CBD cannabis oil to treat their ailments. Gov. Robert Bentley (R) is expected to sign the bill into law.

Connecticut Medical Marijuana Expansion Bill Passes Legislature. A bill that would allow children with certain debilitating medical conditions to use medical marijuana has passed out of the legislature after a final Senate vote last Friday. Gov. Dannel Malloy (D) is expected to sign House Bill 5450 into law.

New Hampshire's First Dispensary Opens. The Sanctuary Alternative Treatment Center opened in Plymouth last Saturday. It's the first dispensary in the state to open for business. It only took nearly three years after the state's medical marijuana law was approved for this to happen.

Asset Forfeiture

New Hampshire Asset Forfeiture Bill Scaled Back Under Police Pressure. The state Senate last Thursday stripped a provision from an asset forfeiture reform bill that would have directed funds seized by police to the state's general fund rather than to the agency that seized them. The move came after police chiefs said not letting them keep the goodies would "handcuff" them.

Oklahoma Governor Signs Asset Forfeiture Reform Bill. Gov. Mary Fallin (R) last Thursday signed into law a bill that will allow people whose property is subject to asset forfeiture to recover attorney fees when they challenge the seizures. The new law goes into effect November 1.

Drug Policy

Maine Decriminalizes Drug Possession, Moves to Adopt Pre-Arrest Diversion Program. Last Thursday, a bill that would make simple drug possession a misdemeanor instead of a felony passed into law without the signature of Tea Party Gov. Paul LePage. The bill, LD 1554, decriminalizes the possession of up to 200 milligrams of heroin. Earlier this month, the legislature also approved a bill that would fund Law Enforcement Assisted Diversion (LEAD) programs, which have proven successful in Seattle and other cities.

Harm Reduction

Maine Legislature Overrides Governor's Veto of Overdose Reversal Drug Bill. The legislature voted last Friday to override gubernatorial vetoes of LD 1457 and LD 1552, which would allow access to naloxone without a prescription and provide public funding for needle exchange, respectively. Gov. Paul Le Page had claimed "naloxone does not save lives, it merely extends them until the next overdose" and complained that the $70 cost would not be repaid.

International

Canada Supreme Court Throws Out Mandatory Minimums for Drug Traffickers. In a decision last Friday, the high court ruled mandatory minimums for repeat drug offenders are unconstitutional. The case is R. v. Lloyd.

Video Killed the Drug Conviction: Chicago Narcs Busted Lying Through Their Teeth [FEATURE]

Part 10 of an occasional series on police and prosecutorial misconduct by Clarence Walker, cwalkerinvestigate@gmail.com.

It was just another marijuana bust by Chicago's crack dope squad and should have resulted in an easy conviction, but thanks to a forgotten camera, things didn't exactly work out the way the cops planned. Now, the pot dealer is free, he has a bunch of cash in pocket, and it's the cops who are facing justice.

It went down on June 6, 2013, when three Chicago Police narcotics officer and a pair of suburban Glenview police officers pulled over Joseph Sperling on the pretext that he had failed to properly use his turn signal, then claimed Sperling told them there were drugs in his vehicle. The cops said they found marijuana in plain view and arrested Sperling on marijuana possession and distribution charges. Business as usual, so far.

But when it came time to go to court the following March, things went south for the cops. Prosecutors had been questioning Chicago PD narcotics officer William Pruente, who said in sworn testimony that when police pulled over Sperling they immediately smelled marijuana and ordered him to exit the vehicle and stand at the rear of the car.

Then, defense attorney Steven Goldman asked the veteran narc if Sperling was handcuffed after he got out of the car.

"No, he was not handcuffed," Pruente replied. "He was not under arrest at that time."

Chicago narcotic officers Sergeant James Padar and Vince Morgan and Glenview Police officers James Horn and Sergeant Theresa Urbanowski backed up Pruente's story.

Then, as Urbanowski was testifying, defense attorney Goldman dropped a bombshell. He interrupted the testimony to inform Judge Catherine Haberkorn that he needed to offer a videotape into evidence.

In a moment of courtroom drama like something out of "Law and Order," Goldman revealed that the video came from Urbanowski's police cruiser and that it flatly contradicted the sworn testimony of the police officers. The police had been lying to the court and to the judge and the video would prove it, Goldman said.

As Goldman patiently took Urbanowski back over the events she'd testified about, he played the recording and asked her to describe the difference between her original testimony and what was happening on the tape.

The footage contradicted the testimony of the police officers. Pruente had testified that Sperling had not been arrested or handcuffed until the cops had found the dope in plain view, but the video showed Pruente walking up to Sperling's car, reaching in the open window, unlocking the door, pulling Sperling out, handcuffing him, and placing him in the back seat of a patrol car. Only then did the officers move to search the car.

The video clearly showed the officers spending minutes thoroughly searching Sperling's car before finding weed and a small amount of psychedelic mushrooms in a black duffel bag.

As defense attorney Goldman noted during questioning, if the drugs had really been in plain view on the front seat of the vehicle, the officers had no need or reason to search it because they already had the drugs.

The brazen distance between the officers' testimony and what the video revealed infuriated Judge Haberkorn, who immediately granted Goldman's motion to suppress the evidence because the video showed police had neither probable cause to arrest Sperling nor a warrant to search his vehicle.

"This is very outrageous conduct," Haberkorn said from the bench. "All the officers lied on the stand today. All their testimony is a lie. There is strong evidence it was a conspiracy to lie in this case, for everyone to come up with the same lie."

Haberkorn then dismissed the criminal charges against Sperling.

"If this could happen to me, it could happen to anyone," said Sperling, then 23, during a press conference with reporters after the release of his videotaped arrest. "I just happen to be one of the lucky few that had a video that proved the officers were wrong."

The Cook County criminal justice system may have been done with Sperling, but he wasn't done with it. Shortly after the charges were dismissed, he filed a federal civil rights lawsuit alleging illegal search and seizure against the Chicago and Glenview police departments. And he won. The two cities involved settled the suit, paying Sperling $195,000 for his troubles.

Others who have been similarly victimized could do the same. Under the US Code Section 1983, citizens are allowed to sue police in federal court as a result of an illegal search and arrest if the officer acted with malice "under color of law."

In Sperling's case, attorney John Loevy argued in the lawsuit that there was insufficient legal justification for officers to stop and arrest Sperling and search his vehicle, which was done without probable cause. Those illegal actions violated Sperling's civil rights under the Fourth, Fifth, and Fourteenth amendments, as prescribed under Section 18 US Code 242. The argument was strong enough to force the cities to settle.

Cook County State's Attorney Anita Alvarez (twitter.com)
Former Houston Police homicide and narcotic gang investigator Rick Moreno told Drug War Chronicle the officers lied to protect an informant when they could simply have gone by the book and done their bust right.

"Once those officers had all the information about this guy having dope in his car they needed a warrant," Moreno explained.

But the narcs plotted a scheme disguised as a routine traffic stop to avoid having to obtain one.

"What they've done in this case was a 'wall off' technique." Moreno said, referring to a strategy most narcotic officers use to put a wall between the officer and the information provided by a snitch. And if everything goes as planned, the officer gets the dope without a warrant, they got the dope dealer and the snitch is protected."

"The biggest casualty in the war on drugs is the truth," said Chicago civil attorney Jon Loevy, who represented Sperling in his civil rights lawsuit.

"The ends justify the means," said criminal defense attorney Goldman, explaining the attitudes that drove the cops to lie on the stand. "So because they get the bad guy off the street or the drugs out of their hands, everybody's happy."

Well, not everybody, not when the lies are so blatant they cannot be ignored. The Cook County criminal justice system wasn't done with the cops caught lying on the witness stand. Sgt. Urbanowski's camera had caught them red-handed, and four of them were indicted by a Cook County grand jury on perjury, obstruction of justice, and official misconduct charges in June 2015. They all face up to five years in prison on each count. The three Chicago police officers were immediately suspended, and the Glenview police officer was later fired. Their trials got underway this week.

"The foundation of our criminal justice system rests on the concept of truthful testimony," said Cook County States' Attorney Anita Alvarez in a press statement announcing the indictments. "We expect it from our witnesses and we demand it from our police officers."

The criminal charges filed against the officers made headlines across the state and constituted another black mark against the much criticized Chicago Police Department. But the buzz around the courthouse was not just over the charges, but whether they would lead to the dismissal of other drug cases in which the charged cops were involved.

Calls to the Cook County prosecutor's office regarding whether the four indicted officers would be investigated for perjury or illegal tactics in previous drug cases have not been returned.

While Sperling won $195,000 in damages from his illegal search and seizure lawsuit, legal experts say such victories are rare. Defendants usually don't pursue such suits due to lack of funds, and if a case involving a bad search is dismissed, most defendants are just relieved the case is over and they no longer face charges, said Penn State University law professor David Rudovsky, a leading civil rights and criminal defense attorney and author of The Law of Arrest, Search, and Seizure.

Penn State law professor David Rudovsky (law.penn.edu)
Rudovsky told Drug War Chronicle there is also another reason such lawsuits are rare.

"Why would a jury award money for damages to a criminal already proven to have committed a crime?" he asked rhetorically.

Police perjury is nothing new -- the practice has even generated its own nickname, "testilying" -- but the Sperling case has renewed debate over why law enforcers resort to breaking the law.

"Police perjury in court to justify illegal dope searches is commonplace," wrote former San Francisco police commissioner Peter Keane in a much-cited article on the topic.

"I've heard some police officers say in a social setting, 'If [the defendant] is going to lie to beat the case, why can't I lie too?" Cook County Public Defender, and former prosecutor Abishi Cunningham Jr. related.

"When police lie to make a case on someone they are saying the criminal justice system doesn't work... so I'm going to do it my way," Houston civil and criminal attorney Annie Briscoe told the Chronicle.

Briscoe recalled a drug case involving police illegal search where police recovered a sizeable amount of drugs from a client of hers. Houston police claimed he resembled a fugitive they were looking for. With her client facing up to life in prison, Briscoe convinced the trial judge to throw out the charge because of illegal search and seizure through the simple expedient of showing the judge a photo of the fugitive, who looked nothing like her client.

While the judge called Briscoe's client "one lucky guy," Briscoe had a slightly different take.

"The law should be enforceable by way of truth," she said.

Police are also incentivized by the war on drugs to cut corners so they can reap monetary rewards, whether through asset forfeiture or by earning federal anti-drug grants through aggressive enforcement actions. And each bust makes their numbers look better.

As NYPD Officer Adil Polanco once revealed through a surfeit of honesty, "Our primary job is not to assist anybody, our primary job is to get those numbers and come back with them. You have to write somebody, arrest somebody, even if the crime is not committed, the number is there."

Yes, there are numerous reasons cops lie. But none of them justify the lying, or the corrosive effect such behavior has on public trust and respect for law enforcement. These Chicago police officers are about to find out just how seriously the system takes such dishonesty, especially when it is so blatant the system can't pretend it doesn't see it.

Chicago, IL
United States

Medical Marijuana Update

The DEA approves a PTSD medical marijuana study, a Senate committee votes to rein in the DEA on medical marijuana, a Utah poll has very strong support for medical marijuana, and more.

National

Last week, the Senate Appropriations Committee voted to prevent the DEA from undermining state medical marijuana laws. The committee voted 21-8 to approve an amendment offered by Senator Mikulski (D-MD) to protect state medical marijuana laws from federal interference by the Department of Justice and Drug Enforcement Administration. After decades of inactivity on marijuana reform, Congress has moved at lightning pace to advance marijuana reform in recent years. Last week the Senate Appropriations Committee voted to allow Veterans Administration doctors to recommend marijuana. The Committee approved similar amendments last year as well as an amendment to allow state-legalized marijuana businesses to access banks and other financial services. The Mikulski amendment is expected to pass the full Senate as well as the House. Similar amendments were passed by Congress last year and the year before.

Last week, DEA approved a Colorado-funded study on marijuana and PTSD. It's the first time the agency has given permission to use raw marijuana in a controlled clinical trial for PTSD. Enrollment in the study could begin as early as next month. The study is one of nine funded by historic grants from the Colorado Health Department, which are in turn funded by medical and legal marijuana fees and tax revenues.

Connecticut

Last week, the House approved medical marijuana for kids. The House voted overwhelmingly last week to expand the state's four-year-old medical marijuana program to include children. The bill also includes a provision to create a Board of Physicians to review requests for new ailments to be added the list of qualifying conditions, which currently lists 17 diseases or syndromes. The bill now goes to the state Senate.

Iowa

On Monday, a href="http://globegazette.com/news/iowa/gop-medical-cannabis-plan-voted-down/article_f665abe6-90a0-58d9-b756-fed6c88a88d8.html" target="_blank">a CBD medical marijuana expansion bill was killed. A Republican-backed bill to expand the number of ailments for which Iowans could use CBD cannabis oil was defeated in the House Monday. Democrats said the proposal did not go far enough, while some Republicans objected to any effort to legalize marijuana, medicinal or otherwise. The bill was defeated 61-36.

Montana

On Monday, the state Supreme Court delayed enforcement of its medical marijuana rollback. The state high court said it will delay enforcement of its February ruling dramatically rolling back the state's medical marijuana program. The court said its ruling would now not go into effect until August 31. Montana activists and medical marijuana industry spokesman have said the rollback would force the closure of dispensaries and leave patients in the lurch. Supporters are also working on an initiative campaign to put a revamped medical marijuana system before the voters in November.

Utah

On Wednesday, a new poll found strong support for medical marijuana. A new Utah Policy poll has two out of three (66%) of Utahns in favor of medical marijuana, with only 28% opposed. The poll comes after the legislature failed to pass a medical marijuana bill this year. If the legislators are listening to their constituents, they will pass it next year.

Chronicle AM: NH Decrim Back From the Dead, 4/20 MJ Sales Topped $37.5 Million, More... (4/27/16)

Americans spent a lot of money on weed for 4/20, Dana Rohrabacher endorses California's AUMU pot legalization initiative, New Hampshire decrim rises from the dead, and more.

Marijuana Policy

4/20 Pot Sales Hit $37.5 Million. Americans spent more than $37.5 million on legal marijuana purchases on the 4/20 stoner holiday, according to MJ Freeway, a global cannabis business seed-to-sale tracking software provider. That's up by more than 30% over 2015.

Conservative GOP Congressman Endorses California's AUMA Legalization Initiative. Rep. Dana Rohrabacher (R-Costa Mesa) has announced his support for the Adult Use of Marijuana Act (AUMA) legalization initiative. "As a Republican who believes in individual freedom, limited government and states' rights, I believe that it's time for California to lead the nation and create a safe, legal system for the responsible adult use of marijuana," said Rohrabacher. He is the second California congressman to endorse the initiative. Rep. Ted Lieu (D-Torrance) announced his support last week.

Michigan House Approves Marijuana Drugged Driving Study Bill. The House voted 107-1 Tuesday to approve House Bill 5024, which would create a commission to research and recommend a threshold for THC that would establish evidence of impaired driving. The bill now goes to the Senate.

New Hampshire Decriminalization Reemerges. The decriminalization bill had been killed, but the House Criminal Justice and Public Safety Committee voted 12-7 Tuesday to bring decrim back to life. The committee voted to amend Senate Bill 498, which deals with discretion in sentencing, to make possession of up to a quarter ounce of marijuana a civil infraction instead of a misdemeanor. The bill will come before the House next month.

Medical Marijuana

Utah Poll Finds Strong Support for Medical Marijuana. A new Utah Policy poll has two out of three (66%) of Utahns in favor of medical marijuana, with only 28% opposed. The poll comes after the legislature failed to pass a medical marijuana bill this year. If the legislators are listening to their constituents, they will pass it next year.

Law Enforcement

Family of Florida Man Slain in Marijuana Raid Awarded $500,000. The family of Derek Cruice, who was shot in the face and killed during a small-time marijuana raid in Deltona, Florida, in March 2015, will receive $500,000 in a settlement from Volusia County. Cruice was unarmed when he was shot in his living room by a Deltona police officer. The officer was never charged with a crime.

International

Israeli Police Won't Stop Busting People for Marijuana. Even though a former police commissioner has called for the country's police to reexamine their approach to marijuana in the face of increasing acceptance of its use, police aren't taking up the suggestion. Instead, police have decided that "enforcement policies should continue as they are." One police officer said he needed to be able to bust drug users in order to get at dealers.

Chronicle AM: CT Opioids Bill Passes House, CA Drug Sentence Reduction Bill Killed, More... (4/26/16)

DC marijuana activists scored a White House meeting, Montana medical marijuana patients catch a temporary break, hemp states could be protected from federal interference, Canada just says no to decrim ahead of pot legalization next year, and more.

A Connecticut bill would provide broader access to the opioid overdose reversal drug naloxone. (wikimedia.org)
Marijuana Policy

White House Staffers Meet With DC Marijuana Activists. Adam Eidinger and Nikolas Schiller of the DC Cannabis Campaign met with White House staffers Monday and urged them to commit the administration to a marijuana policy summit at the White House. They didn't get any answers from the staffers, but Eidinger said they did get "a lot of nods, a lot of smiles."

Nebraska and Oklahoma Try Again to Derail Colorado's Pot Legalization. After being turned away by the US Supreme Court in their bid to overturn marijuana legalization in Colorado, the two neighboring states have asked to be added to another case at the US 10th Circuit Court of Appeals in Denver brought by opponents of legalization. The case consolidates two separate lawsuits brought by a group of county sheriffs and the owners of a rural property, and now, Nebraska and Oklahoma hope it will include them, too.

Medical Marijuana

Iowa CBD Medical Marijuana Expansion Bill Killed. A Republican-backed bill to expand the number of ailments for which Iowans could use CBD cannabis oil was defeated in the House Monday. Democrats said the proposal did not go far enough, while some Republicans objected to any effort to legalize marijuana, medicinal or otherwise. The bill was defeated 61-36.

Montana Supreme Court Delays Enforcement of Medical Marijuana Rollback. The state high court said it will delay enforcement of its February ruling dramatically rolling back the state's medical marijuana program. The court said its ruling would now not go into effect until August 31. Montana activists and medical marijuana industry spokesman have said the rollback would force the closure of dispensaries and leave patients in the lurch. Supporters are also working on an initiative campaign to put a revamped medical marijuana system before the voters in November.

Hemp

Senate Committee Approves Amendment to Block Federal Interference With Hemp. Sens. Jeff Merkley (D-OR) and Ron Wyden (D-OR) offered an amendment to the Senate Commerce, Justice, and Science appropriations bill that would prevent the federal government from interfering with implementation of state hemp laws, and the Appropriations Committee passed it last Friday. More than half the states have laws allowing farmers to cultivate hemp, but they faced the prospect of the DEA taking action against them. That will end if the amendment survives the rest of the appropriations process.

Heroin and Prescription Opioids

Connecticut House Passes Comprehensive Opioid Bill. The House Monday unanimously approved House Bill 5053, which would widen access to the overdose reversal drug naloxone, put a seven-day cap on first-time opioid prescriptions, strengthen the prescription monitoring program, provide a release from liability for Good Samaritans who administer naloxone, and add staffing for emergency medical care and the Alcohol and Drug Policy Council. The bill now goes to the Senate.

Sentencing

California Bill to Reduce Drug Sentences Fails. A bill to repeal sentencing enhancements for certain drug offenses died in the Senate Monday after some senators warned that it would favor drug dealers. The measure, Senate Bill 966, filed by Sen. Holly Mitchell (D-Los Angeles), would have repealed a law that adds three years in prison for people convicted of drug distribution offenses if they have previously been convicted on similar charges. All Republican members voted against it, as did three Democrats, while five more Democrats abstained. The bill lost 18-16.

International

Canada Will Not Decriminalize Marijuana Possession Ahead of Legalization. The Liberal government has made it clear that it will not move to end marijuana possession arrests ahead of its push to legalize marijuana, which it said it will undertake next year. "The current provisions of the CDSA [Controlled Drugs and Substances Act] regarding marijuana will remain in place until they are replaced by new legislation that will legalize and strictly regulate marijuana, Ian McLeod, a spokesperson for the Ministry of Justice, said. "Marijuana will not be decriminalized prior to legalization."

Chronicle AM: NE Ends Civil Asset Forfeiture, New England Pot Politics, Mexico Marijuana Reforms, More... 4/25/16

Marijuana policy is keeping state houses busy in New England, Nebraska becomes the 10th state to end civil asset forfeiture, Maine's Tea Party governor vetoes a Naloxone bill, Mexico's president expands marijuana reforms, and more.

Marijuana Policy

DC Marijuana Activists Meet Today With White House. Two members of the DC Cannabis Campaign (DCMJ) were set to meet with Obama administration officials at the White House today. DCMJ head Adam Eidinger said he had been requesting a "Bud Summit" with Obama's leading drug advisors for years, but had no response until his group demonstrated in front of the White House on April 2. "This is an opportunity for the White House to meet with serious and committed cannabis activists and hear our case for why it's in President Obama's best interest to work with the attorney general to fully remove cannabis from the Controlled Substances Act," DCMJ co-founder Nikolas Schiller said in a statement.

Connecticut Legalization Bill Dies. There will be no marijuana legalization in Connecticut this year. Rep. Juan Candelaria (D-New Haven), sponsor of the legalization bill, withdrew it last Wednesday after first attempting to add it as an amendment to a related bill. The bill had been declared dead earlier in the session, and Candelaria's move last week was a last ditch effort to keep it alive.

Illinois Decriminalization Bill Advances. A bill that would decriminalize the possession of up to 10 grams of marijuana was approved by the Senate last week. A similar measure was approved by the legislature last year, only to be vetoed by Gov. Bruce Rauner (R). This year's bill lowers the decrim limit from 15 grams to 10 grams, making it a bit more palatable to the governor. A spokesman for Rauner said he was "encouraged" that legislators heard his concerns and would be monitoring the bill's progress. The bill now goes to the House.

New Hampshire Decriminalization Bill Dies. The Senate voted last week to kill House Bill 1631, which would have decriminalized the possession of up to half an ounce of marijuana. This is the seventh time the House has approved decriminalization, only to see it shot down by the Senate. New Hampshire is the only state in New England that has not decriminalized small time pot possession. This year, the legislation ran up against concern over heroin and prescription opioid abuse. "We are in a war, and the last thing we need is to tell our citizens it is OK to use a little marijuana or any other illegal substance," said Sen. Gary Daniels (R-Milford).

Rhode Island Poll Has Support for Legalization at 55%. A new Brown University Taubman Center for American Politics and Policy poll has two-thirds (67%) supporting medical marijuana and a solid majority (55%) in favor of marijuana legalization. This as a legalization bill has been stalled this year. "I know public officials are being very thoughtful and careful on this issue," pollster James Morone said. "But it's hard to see in the long run how legalization won't happen because there is so much strong support among young people. But I would emphasize 'in the long run.' I think anytime you have voters under 44 years old supporting something by 72 percent, it's just a question of time," he added. "Like same-sex marriage around the country, it's being driven by the demographics around the country. It's the exact same dynamic."

Vermont Legalization Bill Amended. The state's legalization bill, Senate Bill 241, faces an uncertain fate after the House Ways and Means Committee approved it, but only after amending it to allow residents to grow and possess small amounts of pot, but not to allow regulated sales. Another House committee had rejected legalization, and a third House committee now has it under consideration. If the House manages to pass some version of the bill, it will have to be reconciled with the version passed earlier by the Senate.

Medical Marijuana

Senate Appropriations Committee Votes to Prevent DEA from Undermining State Medical Marijuana Laws. The committee voted last week 21-8 to approve an amendment offered by Senator Mikulski (D-MD) to protect state medical marijuana laws from federal interference by the Department of Justice and Drug Enforcement Administration. After decades of inactivity on marijuana reform, Congress has moved at lightning pace to advance marijuana reform in recent years. Last week the Senate Appropriations Committee voted to allow Veterans Administration doctors to recommend marijuana. The Committee approved similar amendments last year as well as an amendment to allow state-legalized marijuana businesses to access banks and other financial services. The Mikulski amendment is expected to pass the full Senate as well as the House. Similar amendments were passed by Congress last year and the year before.

DEA Approves Colorado-Funded Study on Marijuana and PTSD. The DEA gave the go-ahead for the ground-breaking study last week. It's the first time the agency has given permission to use raw marijuana in a controlled clinical trial for PTSD. Enrollment in the study could begin as early as next month. The study is one of nine funded by historic grants from the Colorado Health Department, which are in turn funded by medical and legal marijuana fees and tax revenues.

Connecticut House Approves Medical Marijuana for Kids. The House voted overwhelmingly last week to expand the state's four-year-old medical marijuana program to include children. The bill also includes a provision to create a Board of Physicians to review requests for new ailments to be added the list of qualifying conditions, which currently lists 17 diseases or syndromes. The bill now goes to the state Senate.

Asset Forfeiture

Nebraska Latest State to Institute to Abolish Civil Asset Forfeiture. Last week, Gov. Pete Ricketts (R) signed into law LB 1106, which eliminates civil forfeiture in the Cornhusker State. The bill had passed the legislature a week earlier on a vote of 38-6. Nebraska becomes the 10th state to eliminate civil asset forfeiture. Now, if Nebraska cops want to seize cash and property, they must first obtain a criminal conviction. The bill also imposes some limits on state law enforcement participation in the federal "equitable sharing" program, under which police can end run state laws directing where seized assets go by turning the busts over to the feds, who in turn give back 80% of the value of seized goods to the arresting agency.

Harm Reduction

Maine Governor Vetoes Bill Seeking to Increase Access to Life-saving Overdose Antidote Naloxone. Gov. Paul LePage last week vetoed the bill last week, arguing that "naloxone does not truly save lives; it merely extends them until the next overdose." Every state in the nation, with the exception of five, have either passed or are in the process of passing naloxone access legislation, and thirty states currently allow for sales of the overdose antidote without a prescription. The bill, LD 1547, could still be revived, though. On Friday, the legislature will take up all bills vetoed by Le Page, including LD 1547. Two-thirds votes in both the House and the Senate would be needed to override the veto.

International

Mexican President to Push Broader Marijuana Decriminalization, Medical Marijuana. President Enrique Pena Nieto used his speech before the UN General Assembly Special Session (UNGASS) on Drugs last week to call for decriminalizing up to an ounce of marijuana and legalizing the medicinal use of the plant. Currently, only up to five grams is decriminalized. "We Mexicans know all too well the range and the defects of prohibitionist and punitive policies, and of the so-called war on drugs that has prevailed for 40 years," Pena Nieto said. "Our country has suffered, as few have, the ill effects of organized crime tied to drug trafficking. Fortunately, a new consensus is gradually emerging worldwide in favor of reforming drug policies," he said. "A growing number of countries are strenuously combating criminals, but instead of criminalizing consumers, they offer them alternatives and opportunities."

Medical Marijuana Update

Medical marijuana for veterans advances in the Senate, Pennsylvania is set to become the 24th medical marijuana state, things are busy in Ohio, and more. 

National

On Thursday, a Senate committee approved veterans' access to medical marijuanaThe Senate Appropriations Committee passed a bipartisan amendment Thursday, 20 to 10, allowing Veterans Administration (VA) doctors to recommend medical marijuana to their patients in states where medical marijuana is legal. The vote is the second time the U.S. Senate has advanced this issue. The amendment did not make the final appropriations bill last year after narrowly losing in the House.

Colorado

On Monday, a bill to allow medical marijuana at schools advanced. A bill that would require schools to allow students to use medical marijuana on campus has passed its legislative hurdle. House Bill 1373 was approved 10-3 by the House Agriculture, Livestock and Natural Resources Committee and now heads for a House floor vote. State law already gives school districts the power to allow the use of medical marijuana under certain circumstances, but no district has done so.

Louisiana

Last Friday, a medical marijuana bill was introduced. State Rep. Ted James (D-Baton Rouge) has filed House Bill 1112, which would expand the scope of medical marijuana in the state. The state passed a restrictive medical marijuana bill last, but there has been little progress made on producing medical marijuana in the state. James' s bill would allow for the commercial production of medical marijuana and allow patients to petition state agencies to expand qualifying conditions for use of the medicine. The bill also seeks to ease the regulatory burden on marijuana by cutting state agencies out of some of the regulatory process.

New York

On Monday, a pair of bills aimed at fixing the state's medical marijuana law advanced. The Assembly Health Committee approved two bills aimed at improving the state's medical marijuana system. The bills, authored by Assemblyman Dick Gottfried (D-Manhattan), chair of the committee and one of the architects of the state's medical marijuana law, would double the number of companies allowed to grow and distribute medical marijuana from four to eight and would end the requirement that they be vertically integrated. The bills now head for an Assembly floor vote.

On Tuesday, patients and families rallied in Albany to demand a fix for the state's medical marijuana law. Dozens of advocates to urge legislators to support a slate of bills that would amend the Compassionate Care Act, New York’s medical marijuana law. The law, which was passed in June of 2014, took eighteen months to implement and has been criticized for being one of the most restrictive and burdensome programs in the country. Launched in January of this year, to date, only 494 of the state’s 79,000 physicians have agreed to participate and only 2,390 patients have been certified by their doctors to enroll in the program. This lackluster start is likely due to a number of barriers and restrictions in the program that make it both difficult and unappealing for physicians and patients to participate.

Ohio

Last Friday,the attorney general okayed a 2nd medical marijuana initiative. Attorney General Mike DeWine has certified the petition summary for a medical marijuana and industrial hemp initiative from Legalize Ohio 2016. Now, the initiative goes to the Ohio Ballot Board to determine whether it is one issue or two. Another initiative, backed by the Marijuana Policy Project, has already been approved for signature gathering. Initiatives will need 305,000 valid voter signatures by early July to qualify for the November ballot.

On Tuesday, the legislature was crafting its own medical marijuana plan. Faced with two separate medical marijuana initiative campaigns, legislators are working to craft their own medical marijuana proposal.  The bill, which is set to be announced this week, would create a medical marijuana commission to create rules within a year to regulate medical marijuana in the state. Patients with a doctor's recommendation could access raw marijuana, edibles, patches, and oils, but would not be allowed to grow their own.

Pennsylvania

On Tuesday,the Senate passed the medical marijuana bill. For the second time in less than a year, the Senate has approved Senate Bill 3, which would create a medical marijuana system in the state. The House sat on the bill for months after original Senate passage, then approved an amended version of the bill. The Senate then passed that bill, but only after amending the amendments to bring it make closer to the version originally passed by the Senate. Now, it's up to the House to agree to those changes and send the bill to Gov. Tom Wolf (D).

On Wednesday, the bill passed out of the legislature. After months of delay in the House, Senate Bill 3 has finally been approved by the legislature and is headed for the desk of Gov. Tom Wolf (D), who supports it. The Keystone State is now set to become the 24th medical marijuana state.

Utah

On Wednesday, patient advocates said they were giving up on an initiative this year. A group calling itself Truce that had called for a medical marijuana initiative this year after the legislature killed medical marijuana bills earlier this year has given up on 2016. The group says it would have had an extremely difficult time of gathering the 102,000 valid voter signatures required to get on the ballot. The group says it is now concentrating on getting a good bill through the legislature next year.

Chronicle AM: Open Letter to UN Head Urges Global Drug Policy Changes, PA to Become 24th MedMJ State, More... (4/15/16)

Global celebrities and political figures call for change at the UN, Maine's pot legalization initiative remains alive, Pennsylvania is now set to become the 24th medical marijuana state, and more.

Medical marijuana is coming to Pennsylvania. (Creative Commons)
Marijuana Policy

Maine Won't Appeal Judge's Ruling to Recount Invalidated Signatures. Secretary of State Matthew Dunlap said Wednesday he won't appeal a judge's ruling that overturned his decision to invalidate a marijuana legalization initiative. This doesn't mean that the initiative from the Campaign to Regulate Marijuana Like Alcohol is now qualified for the ballot, but it does mean that state officials will have to review thousands of signatures in threw out last month, including some 17,000 invalidated because they came from a notary whose signature on petition sheets supposedly didn't match his signature on file. If those signatures are found to be valid, the initiative qualifies. It handed in 99,000 and only needs 61,000 valid signatures to get on the ballot.

Top Massachusetts Politicians Form Anti-Legalization Committee. Governor Charlie Baker (R), Boston Mayor Marty Walsh (D), Speaker Robert DeLeo (D), and a number of other political figures and health care professionals have formed a bipartisan committee, A Campaign For A Safe and Healthy Massachusetts, to oppose the marijuana legalization initiative there. "I’ve met far too many families in Boston and elsewhere where kids have lost their way in school and been shut out of success in the workplace due to addiction and abuse of marijuana," Mayor Walsh said in a release. "Where marijuana is legal, young people are more likely to use it and a vote against legalizing the commercial marijuana industry is a vote to protect our kids and communities."

NORML Endorses Michigan Legalization Initiative. "The National Organization for the Reform of Marijuana Laws (NORML) is pleased to announce our endorsement of the MI Legalize initiative to regulate the adult use, production and retail sale of marijuana in Michigan. MI Legalize, also known as the Michigan Comprehensive Cannabis Law Reform Committee, has collected more than 270,000 signatures in its effort to legalize marijuana via the petitioning process. The grass-roots effort has been collecting signatures from registered voters since June, 2015, and represents the best opportunity to enact a regulatory system in Michigan, a state where it is highly unlikely the state legislature will take any similar action."

Champaign/Urbana to Vote on Legalization Advisory Referendum. The Illinois cities will vote on the advisory measure in the November election. The advisory question will ask voters "Should the state of Illinois legalize and regulate the sale and use of marijuana in a similar fashion to the state of Colorado?"

Medical Marijuana

Senate Committee Approves Veterans Access to Medical Marijuana. The Senate Appropriations Committee passed a bipartisan amendment Thursday, 20 to 10, allowing Veterans Administration (VA) doctors to recommend medical marijuana to their patients in states where medical marijuana is legal. The vote is the second time the U.S. Senate has advanced this issue. The amendment did not make the final appropriations bill last year after narrowly losing in the House.

Pennsylvania Medical Marijuana Bill Heads to Governor's Desk. After months of delay in the House, Senate Bill 3 has finally been approved by the legislature and is headed for the desk of Gov. Tom Wolf (D), who supports it. The Keystone State is now set to become the 24th medical marijuana state.

Harm Reduction

Hawaii House Approves Opioid Overdose Reversal Drug Bill. The House has approved a bill to increase access to overdose reversal drugs such as naloxone (Narcan) and provide immunity to those who administer them. The measure is Senate Bill 2392, which has already passed the Senate and now heads for the governor's desk.

International

Open Letter to UN Head Calls for Shift in Global Drug Policy. Over a thousand people, including financier Warren Buffett, US Sen. Elizabeth Warren (D-MA), rock star Sting, and the former presidents of Mexico, Colombia, Brazil, and Switzerland, among others, have signed an open letter to UN Secretary-General Ban Ki-Moon saying the drug war has failed and calling for a shift in global drug policy away from criminalization and force and toward health  and human rights. The letter comes ahead of next week's UN General Assembly Special Session (UNGASS) on Drugs.  

Chronicle AM: GOP Govs Seek Fed Permission to Drug Test Food Stamp Recipients, MedMJ Moves, More... (4/14/16)

Republican governors seek federal permission to drug test food stamp recipients, a Tennessee marijuana reform bill dies, a pair of New York medical marijuana improvement bills advance, so does the long-awaited Pennsylvania medical marijuana bill, and more.

Medical marijuana is keeping statehouses busy. (wikimedia.org)
Marijuana Policy

Tennessee Decriminalization Referendum Bill Dies. A bill that would have let state voters weigh-in on whether the state should decriminalize pot possession is dead. The bill, which would have authorized a non-binding referendum, was killed in the Senate Judiciary Committee Tuesday.

Medical Marijuana

New York Medical Marijuana Fix Bills Advance. The Assembly Health Committee Monday approved two bills aimed at improving the state's medical marijuana system. The bills, authored by Assemblyman Dick Gottfried (D-Manhattan), chair of the committee and one of the architects of the state's medical marijuana law, would double the number of companies allowed to grow and distribute medical marijuana from four to eight and would end the requirement that they be vertically integrated. The bills now head for an Assembly floor vote.

Ohio Legislature Crafts Medical Marijuana Plan. Faced with two separate medical marijuana initiative campaigns, legislators are working to craft their own medical marijuana proposal.  The bill, which is set to be announced this week, would create a medical marijuana commission to create rules within a year to regulate medical marijuana in the state. Patients with a doctor's recommendation could access raw marijuana, edibles, patches, and oils, but would not be allowed to grow their own.

Pennsylvania Senate Passes Medical Marijuana Bill. For the second time in less than a year, the Senate has approved Senate Bill 3, which would create a medical marijuana system in the state. The House sat on the bill for months after original Senate passage, then approved an amended version of the bill. The Senate then passed that bill, but only after amending the amendments to bring it make closer to the version originally passed by the Senate. Now, it's up to the House to agree to those changes and send the bill to Gov. Tom Wolf (D).

Utah Patient Advocates Give Up on 2016 Initiative. A group calling itself Truce that had called for a medical marijuana initiative this year after the legislature killed medical marijuana bills earlier this year has given up on 2016. The group says it would have had an extremely difficult time of gathering the 102,000 valid voter signatures required to get on the ballot. The group says it is now concentrating on getting a good bill through the legislature next year.

Asset Forfeiture

Poll: Nearly Nine Out of 10 Mississippians Want to End Civil Asset Forfeiture. A poll from the Mississippi Center for Public Policy has 88% opposed to allowing police to seize and permanently forfeit property taken from people not convicted of a crime. The poll comes as House Bill 1410, which would have increased asset forfeiture transparency, was passed by the House, but gutted by the Senate, which turned it into a study bill. The House is asking for a conference committee to hash out the differences.

Drug Testing

A Dozen GOP Governors Ask Congress to Let Them Drug Test Food Stamp Recipients. The governors have sent a letter to Rep. Robert Aderholt (R-AL), head of the House Agriculture Committee , which administers the Supplemental Nutrition Assistance Program (SNAP—food stamps), urging him to change federal law to allow states to test program recipients. In a statement accompanying the governors' letter, Wisconsin Gov. Scott Walker characterized the drug testing proposal as a "common-sense reform" that will make it easier "for recipients with substance abuse to move from government dependence to true independence," but in the states that have actually done welfare drug testing, less than 1% of recipients have tested positive for drugs.

International

Poll: Iceland Far From Supporting Marijuana Legalization. Fewer than 25% of Icelanders support legalizing marijuana, according to a new MMR poll. Some 76.8% said they opposed legalization. The good news is that opposition figure is declining; five years ago, 87.3% were opposed. Older age groups were the least likely to support legalization, while young people were most likely to.

Chronicle AM: Trump Trash Talks Mexico on Drugs, AZ Pot Legalization Init Has 200,000 Signaures, More... (4/12/16)

The Donald returns to one of his favorite themes, Arizona legalization initiative organizers have hit the 200,000-signature mark (they need 150,000 valid ones), patients in New York protest that state's restrictive medical marijuana law, Western Australia wants to force meth users into drug treatment without having to convict them of a crime first, and more.

Trump accuses Mexico of "poisoning our youth" with drugs. (wikimedia.org)
Arizona Legalization Initiative Signature Drives Passes 200,000 Mark. The Campaign to Regulate Marijuna Like Alcohol in Arizona announced Tuesday that it has collected more than 200,000 raw voter signatures for its legalization initiative. The group needs 150,564 valid voter signatures by July to qualify for the November ballot.Having 200,000 raw signatures at this point means that a full quarter of them would have to be disqualified for the initiative to come up short--and it still has time to gather more. 

Medical Marijuana

Colorado Bill to Allow Medical Marijuana at School Moves. A bill that would require schools to allow students to use medical marijuana on campus has passed its legislative hurdle. House Bill 1373 was approved 10-3 by the House Agriculture, Livestock and Natural Resources Committee and now heads for a House floor vote. State law already gives school districts the power to allow the use of medical marijuana under certain circumstances, but no district has done so.

New York Patients, Families Rally in Albany to Demand Fixes for State's Medical Marijuana Law.  Dozens of advocates gathered in Albany Tuesday to urge legislators to support a slate of bills that would amend the Compassionate Care Act, New York’s medical marijuana law. The law, which was passed in June of 2014, took eighteen months to implement and has been criticized for being one of the most restrictive and burdensome programs in the country. Launched in January of this year, to date, only 494 of the state’s 79,000 physicians have agreed to participate and only 2,390 patients have been certified by their doctors to enroll in the program. This lackluster start is likely due to a number of barriers and restrictions in the program that make it both difficult and unappealing for physicians and patients to participate.

Drug Policy

Trump Blames Mexico for America's Drug Problems. Returning to one of his favorite themes—Mexico bashing—GOP presidential contender Donald Trump Monday warned that drugs from Mexico are "pouring into the country" and "poisoning our youth." His comments came as he defended his plan to build a border wall and make Mexico pay for it. The US trade deficit with Mexico is $58 billion a year. "And that doesn’t include the drugs that are pouring into the country poisoning our youth," Trump added. "They’re poisoned with this crap. People won’t be driving their pick-up trucks through the wall or over the wall, he added. Did you ever see that? The trucks go over, they unload the drugs and then they go back. So we get the drugs and they get the money. Not very good folks. That’s going to all change."

International

French Minister Reignites Marijuana Legalization Debate. A French junior minister, Jean-Marie Le Guen, secretary of state for relations with parliament (and an MD) has reignited discussion of marijuana law reform there by saying "prohibition is not effective" and that a public health approach was needed. Le Guen clarified that he was not speaking for the government, but said the subject should be debated by the next president. His remarks did not go over well with drug reform-averse French politicians, including his fellow governing Socialists.  "And what will we do tomorrow? Will we legalise cocaine and weapons because we cannot stem the flow of weapons? That's not serious!" retorted Socialist Senator Samia Ghali. A spokesman for the government added that the Socialist Party was free to debate the issue, but the government isn't interested "neither in work nor thought."

Victoria Becomes First Australian State to Legalize Medical Marijuana. The state Parliament has passed the Access to Medicinal Cannabis Bill, making Victoria the first state in the country to approve medical marijuana. State Health Minister Jill Hennessey said children with severe epilepsy will be the first to be able to access the medications next year. The state government will set up an Office of Medicinal Cannabis to regulate the industry and educate patients and doctors about their roles and eligibility to prescribe or use medical marijuana.

Western Australia Wants to Subject Meth Users to Forced Detention, Treatment. The state's Mental Health Minister, Andrea Mitchell, said forcing meth users into drug rehab was the way to deal with the state's growing number of them. "I've got a responsibility to balance the rights of the individual with also protecting the community, and I need to do that with the burglary and the assaults and the other side of things that do tend to happen with people with a meth problem," she said. "And I also have a duty of care to protect that individual and give that individual the best possible chance of coming out of that and being a responsible citizen." The scheme would require legislative changes to allow the state to hold against their will people who have not been convicted of any crime.

 (This article was prepared by StoptheDrugWar.org"s lobbying arm, the Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

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