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Chronicle AM: MS Legalization Initiatives, SD Decrim Initiative, AZ MedMJ PTSD Restrictions, More (7/30/15)

All eyes are turning to 2016 when it comes to marijuana reform, PTSD gets second-class status under Arizona's medical marijuana law, and more.

Marijuana Policy

Now There Are Two Mississippi Legalization Initiatives. Mississippians will have two chances to support marijuana legalization this year and next. Initiative 48 was filed earlier this year by Kelly Jacobs of Hernando, and now, Initiative 52, the Mississippi Cannabis Freedom Act, has been filed as well. The proposed ballot summary for that initiative reads as follows: "Initiative Measure No. 52 would amend the Mississippi Constitution to include the Mississippi Cannabis Freedom Act ('the Act'). The Act legalizes cannabis for persons eighteen years of age and older, legalizes cannabis for medical purposes, authorizes the collection of taxes on cannabis, and includes various other definitions and mechanisms for implementation of the Act. For purposes of this measure, 'cannabis' means hemp, weed, herd, marijuana, grass, wax, concentrate extract, and hashish." Each initiative will need 107,000 valid voter signatures by October 2 to qualify for the November 2016 ballot.

South Dakota Decriminalization Initiative Campaign Officially Kicks Off. South Dakotans Against Prohibition officially began its campaign to put a decriminalization initiative on the November 2016 ballot at a confab in Sioux Falls Wednesday night. Signature-gathering actually began several weeks ago, but this event signals the beginning of the big signature push. Proponents have until November 9 to collect 14,000 valid voter signatures.

Vermont Marijuana Legalization Bill Coming Next Year. At a meeting earlier this week in Brattleboro, state Sen. Jeannette White (D-Putney) vowed to write and file a legalization bill next year. The promise came at a meeting called by the Vermont Cannabis Collaborative and Vermont Home Grown, advocates for legalization and the pot industry.

Wyoming Panel Begins Studying Legalization Issues. The state's Marijuana Impact Assessment Council, which is to study how legalization might affect the state, held its first meeting Wednesday. The council, appointed by anti-legalization Gov. Matt Mead (R) includes one Mead advisor and no marijuana reform advocates.

Medical Marijuana

Arizona Judge Blocks Effort to Remove Limits on Medical Marijuana for PTSD. In a ruling Wednesday, a Maricopa County Superior Court judge rejected efforts by patient advocates to overturn a decision by then state health chief Will Humble that medical marijuana could be used for PTSD, but only for palliative care. Judge Crane McClennen said there was "substantial evidence" to support Humble's restrictions.

International

Drug Abuse Up Threefold in Indian State After Bars Are Closed. The state of Kerala has shut down all but a handful of bars serving alcohol, but the results weren't exactly what the state government expected. "After the bars were closed, the use of drugs has gone up by three times in the state," Home Minister Ramesh Chennithala told the state Assembly. He said there had been an increase in young people using drugs and psychotropic substances, some 228 of which are available at local "medical stores."

Chronicle AM: AZ MJ Probable Cause Conundrum, CDC Warns on MedMJ Edibles, Peyote Protest, More (7/24/15)

Two Arizona appeals court panels have offered up clashing rulings this week on whether the smell of pot is still probable cause for a search, Michigan initiative fundraising reports tell an interesting story, changes in Washington state's medical marijuana program go into effect today, and more.

Peyote buttons, sacrament of the Native American Church. (wikipedia.org)
Marijuana Policy

Arizona Appeals Court Upholds Search Based on Marijuana Odor. Whether the odor of marijuana is probable cause for a search or a search warrant now looks like an issue heading to the state Supreme Court. Just days after one appeals court panel ruled that the state's medical marijuana law means it is not grounds for a search warrant, a second panel has ruled that it is. In Thursday's case, the appeals court upheld the actions of police officers who searched a vehicle after they smelled burnt marijuana. The panel held that the medical marijuana law didn't make marijuana legal, but only provided immunity from prosecution to those who had medical marijuana ID cards. "The fact that a registered patient under the AMMA with a valid registry identification card can affirmatively claim immunity from arrest, prosecution or penalty for possession of use of marijuana .... does not eliminate the significance of the smell of marijuana as an indicator of criminal activity in this case," Judge Samuel Thumma wrote.

Grassroots Effort Leads in Fundraising Among Michigan Legalization Initiatives. Campaign finance reports reveal that the Michigan Cannabis Coalition (MCC), backed by wealthy Oakland County interests, has only $1,000 in the bank, while the grassroots MILegalize has raised $60,000, with more than $100,000 in matching funds pledged. MCC got a $21,000 donation from an Oakland county Republican political operative, but the same day, it sent a $20,000 check to signature-gathering firm. A third group, the Michigan Responsibility Council, which wants to create a cultivation monopoly like the one championed by ResponsibleOhio, appears to have gone quiet. Its website is defunct, it hasn't displayed any initiative language, and it will not reveal the identities of its leaders.

New Hampshire Poll Has Strong Support for Legalization. A new WMUR Granite State poll has support for legalization at 60% and support for decriminalization even higher at 72%. Support has climbed six points for legalization and nine points for decriminalization since the last WMUR Granite State poll in May. The state legislature has considered legalization, but has so far refused to pass it. Click on the link for more poll results and methodology.

Medical Marijuana

CDC Warns of "Potential Danger" From Edibles. The Centers for Disease Control and Prevention (CDC) today released a report citing the case of a Wyoming college student who fell to his death after eating edibles in Colorado to warn of the "potential danger" with the products. "Although the decedent in this case was advised against eating multiple servings at one time," the CDC article says, "he reportedly consumed all five of the remaining servings of the THC-infused cookie within 30-60 minutes after the first serving." The CDC noted that the coroner in the case listed "marijuana intoxication" as a contributing factor in the death, which was classified as an accident.

Washington State Medical Marijuana Program Changes Now In Effect. Recently passed legislation designed to bring the program in line with the state's legalization system went into effect today. The Liquor Control Board is now the Liquor and Cannabis Control Board, PTSD and traumatic brain injury are now considered qualifying conditions, a voluntary patient database (which patients must join if they want the tax breaks for medical marijuana) is now in effect, the number of plants in a household is limited to 15 no matter how many patients live there, and doctors who write more than one medical marijuana authorization a day must report their totals to the Department of Health.

Peyote

Salt Lake City Religious Freedom Rally Calls for End to Utah Ban on Sacramental Use. Protesters gathered at the state capital in Salt Lake City Thursday to advocate for the right to use peyote as part of their religious observances. The demonstration was organized by the Tahteya Topa (Four Winds) Native American Church of Utah, which is allowed under federal law to use the cactus for religious purposes. The Utah law bans anyone who is not at least one-quarter Indian from using it for religious purposes. "It's supposed to be 25% [Native American heritage], but what they're really doing is trying to kill a religion by saying you have to have a certain blood… Religion is not about race," said the church's David Hamblin.

Chronicle AM: Iran Drug Executions Increasing, Feinstein Pressed on MedMJ, OH Pot Politics, More (7/7/15)

Midwest marijuana legalization initiatives make news, Sen. Feinstein feels some heat, some European countries keep giving Iran anti-drug aid despite a rising number of executions, California's governor signs a bill barring discrimination against medical marijuana patients in organ transplants, and more.

Sen. Feinstein is being urged to support medical marijuana. (senate.gov)
Marijuana Policy

Michigan Greens Endorse MILegalize Initiative. The Green Party of Michigan has endorsed the more grassroots of two competing Michigan legalization initiatives, the MILegalize initiative sponsored by the Comprehensive Cannabis Law Reform Committee. The Greens say they like the "craft beer" model in the initiative, as opposed to the "industrial" model adopted by the other active Michigan initiative this year.

ResponsibleOhio "Fresh Start Act" Initiative Certified by Attorney General. ResponsibleOhio, the same people bringing you the controversial "monopoly" marijuana legalization initiative, are also moving forward with an initiative that would expunge the criminal records of people with past marijuana convictions. Their Fresh Start Act initiative has been certified by Attorney General Mike DeWine. It must now be approved by the Ohio Ballot Board for review before signature gathering can begin. It is aiming at the 2016 election.

UFCW Endorses ResponsibleOhio Initiative. The United Food and Commercial Workers (UFCW) said Monday it is supporting the ResponsibleOhio legalization initiative. The UFCW has been organizing industry workers in medical marijuana and legal marijuana states for some years now.

Medical Marijuana

Senator Feinstein Gets Petition Demanding She Get on Board With Marijuana Reform. Marijuana reform advocates led by the Drug Policy Alliance today delivered a petition with 10,000 signatures from people "fed up with Feinstein's well-documented opposition to medical marijuana" to her San Francisco office. They want her to chance her stance. "California has allowed access to medical marijuana for 20 years and the vast majority of Californians support this," said DPA's Amanda Reiman. "It is disappointing that Sen. Feinstein continues to be a lone voice of opposition from California when it comes to supporting medical marijuana patients."

California Governor Signs Medical Marijuana Organ Transplant Bill. Gov. Jerry Brown (D) has signed Assembly Bill 258, which will bar doctors and hospitals from denying organ transplants to medical marijuana patients solely because they use it. Some patients have been denied life-saving organ transplants in the past. The new law goes into effect January 1.

Drug Testing

Connecticut Court Says Urine Drug Testing Rules Don't Apply to Hair Testing. In upholding the dismissal of a man who was fired after a hair follicle drug test came back positive, a state Superior Court judge ruled that regulations that restrict urine drug testing do not apply to hair drug tests, which can detect drug use for months into the past. The court conceded that the disparate protections offered against urine and hair drug testing create a "seemingly irrational inconsistency," but that "the task of changing the law lies with the legislature and not with the judiciary."

Harm Reduction

Maryland Congressman Calls for Price Cuts on Opiate Overdose Reversal Drug. US Rep. Elijah Cummings (D-MD) is accusing the maker of the opiate overdose reversal drug naloxone of "taking advantage of the citizens of Maryland" by overcharging for the drug. On Tuesday, Cummings wrote a letter to Gov. Larry Hogan (R) urging him to reach a deal with the company to reduce the cost of the drug. "I believe the State of Maryland is being overcharged for a critical drug called naloxone that is used by first responders and medical personnel to reverse the life-threatening effects of heroin and other opioid overdoses, and I urge you to make sure that the company charging these prices is not allowed to continue taking advantage of the citizens of Maryland," Cummings wrote. Other states have managed to get discounts from Amphastar Pharmaceuticals after getting aggressive with the company.

Law Enforcement

Massachusetts SWAT Teams Increasingly Used for Minor Drug Raids. Documents made public today by the ACLU of Massachusetts show that SWAT teams in the state are increasingly used to undertake small-time drug raids. The ACLU filed suit against the Northeastern Massachusetts Law Enforcement Council to force it to reveal the records. The records show that of 79 SWAT deployments between 2012 and 2014, 21 were for drug-related search warrants, but that only five resulted in any mention of drug seizures. "The drug hauls are not exactly Pablo Escobar-levels of seriousness," said ACLU's Kate Crockford, referring to the notorious Colombian drug lord. "In one case they found some pills. In another case they found some marijuana. It's important for local communities who pay those police department salaries to understand what's really going on here," she said.

International

Canadian Electronic Music Festival Organizers Will Offer Free Pill Testing. The Evolve Festival in Nova Scotia is set for this coming weekend, and beginning Friday, people arriving at the festival can submit small samples of their stashes to have them tested. Festival organizers say the move is an effort to reduce harm and overdoses.

European Countries Continue to Fund Iran's Drug War Despite Rampant Resort to Death Penalty. Iran Human Rights reports that nearly 400 people have been executed for drug offenses in Iran this year, accounting for nearly two thirds of all executions. That's not stopping the UN Office on Drugs and Crime (UNODC) and some European countries from continuing to fund Iran's anti-drug efforts. France has provided over a million dollars' worth of aid to the Anti-Narcotics Police, while Germany has contributed more than five million to UNODC projects to train and equip the police. Faced with pressure from campaigners such as the British nonprofit Reprieve, other European countries, including Denmark and Great Britain, have stopped such aid. "Even as Iran's execution rate skyrockets, European nations like France and Germany continue to fund brutal raids by the Iranian police which routinely send people to death row for nonviolent offenses. 7 out of 10 people hanged in Iran this year have been caught in these type of operations, but European funders and the United Nations Office on Drugs and Crime continue to turn a blind eye, and are even considering a new funding deal," said Maya Foa, Director of Reprieve's death penalty team. "It is an untenable hypocrisy for European countries and the UNODC to claim they oppose the death penalty in all circumstances while enabling and encouraging it overseas. If their commitments on the death penalty are to count for anything, they should impose effective and transparent conditions to ensure their aid does not lead to executions."

Medical Marijuana Update

The Senate sends a message to the DEA, a new study deflates fears of medical marijuana leading to increased teen pot-smoking, California continues to try to regulate its medical marijuana free-for-all, and more.

National

Last Thursday, a Senate committee voted to keep the DEA out of medical marijuana states. Just a week earlier, in a series of successful amendments to the Justice Department appropriations bill, the House sent a clear message to the DEA and DOJ to stop interfering in medical marijuana states. Last Thursday, a similar message came from the Senate. The Senate Appropriations Committee voted two-to-one today in favor of an amendment from Sen. Barbara Mikulski (D-MD) that prohibits the Justice Department, including the DEA, from using federal funds to interfere in the implementation of state medical marijuana laws. Click on the link for more details and reaction.

On Tuesday, a study found that medical marijuana doesn't lead to increased youth use. A study published in the British medical journal The Lancet finds that allowing for the legal use of medical marijuana has not led to an increase in the number of teens using it in the US. The study relied on 24 years' worth of data from the Monitoring the Future surveys and found that while youth use levels were higher in some medical marijuana states, those higher levels of use had preceded the legalization of medical marijuana.

California

Last Wednesday, the Medical Cannabis Organ Transplant Act won a committee vote. The measure, Assembly Bill 258, would bar health providers from denying organ transplants to people solely because they are medical marijuana patients. It has already passed the Assembly, and was approved by the Senate Health Committee. It now heads for a Senate floor vote.

On Monday, members of a Santa Ana dispensary filed a lawsuit against local elected officials and police. The suit comes in the wake of a highly-publicized raid on the dispensary in which police were caught smashing surveillance cameras (oops, they missed one), making crude remarks about patients, and helping themselves to samples of the edibles. But the lawsuit alleges deeper problems, including collusion between Mayor Pulido, the police, and other elected officials to rig the dispensary permit system and harass unpermitted dispensaries.

Colorado

On Monday, the state Supreme Court ruled that employers can fire medical marijuana patients for off-duty use. The Court today affirmed lower court decisions allowing employers to fire employees for marijuana use while off-duty. The decision hinged on the state's lawful off-duty activities statute. The Court held that in order for the off-duty conduct to be considered "lawful," it must be legal under both state and federal law. The unanimous decision was not a surprise to advocates working to reform marijuana law and policy in Colorado. The case is Coats v. Dish Network. Coats is a quadriplegic who worked in customer service for Dish, but was fired after a random drug test turned up marijuana metabolites.

Delaware

Last Thursday, the legislature approved a youth CBD cannabis oil bill. The state Senate unanimously approved Senate Bill 90, which would allow children with epilepsy to use CBC cannabis oil. The bill, also known as Rylie's Law after 9-year-old Rylie Maedler, who suffers from severe seizures, already passed the House and now heads to the governor's desk.

Georgia

On Monday, the state unveiled its online registry for CBD cannabis oil patients. The Department of Public Health today went live with its online registry for patients authorized to use low-THC CBD cannabis oil. Also, the Georgia Commission on Medical Cannabis met for the first time.

South Dakota

Last Wednesday, a medical marijuana initiative was filed. A state activist has filed the explanation for a medical marijuana initiative with the state attorney general's office. Once it is reviewed and approved, proponents will then have 180 days to come up with 13, 871 valid voter signatures to qualify for the November 2016 ballot. Medical marijuana initiatives have twice been defeated in the state. Maybe the third time will be the charm.

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

Chronicle AM: ME Pot DUID Bill Dies, SC MedMJ Bill Dies, OR Senate Restricts MedMJ Grows, More (5/28/15)

The Maine legislature kills a pot DUID bill, the Arizona Supreme Court will take up the issue, Florida's CBD cannabis oil program will finally roll out, the Dutch crack down on grow shops, Australia's Greens want to ban drug dogs, and more.

Marijuana and driving remains a contentious issue. (flickr.com)
Marijuana Policy

Maine Marijuana DUID Bill Stalls in Legislature. An effort to pass a per se marijuana impaired driving law has stalled in the legislature after experts said that, given the state of the science, any specified limit would be "arbitrary." Under per se impaired driving laws, merely testing positive for the specified amount is sufficient to get you convicted of drugged driving. The legislature's Criminal Justice and Public Safety Committee voted Tuesday not to advance LD 1320, but instead to convene a working group to study the issue.

Medical Marijuana

Arizona Supreme Court Will Review Ruling on DUID Immunity for Patients. The Supreme Court Tuesday agreed to review a state Court of Appeals ruling issued last November that said medical marijuana patients can still be prosecuted under laws against drugged driving. Arizona has a zero tolerance per se DUID law under which all that is necessary to convict if the presence of inactive metabolites in the blood.

Florida Judge Clears Way for CBD Cannabis Oil Program. A judge in Tallahassee Wednesday dismissed the final challenge to the state's CBD cannabis oil law passed last year, clearing the way for the long-delayed program to actual get underway. Now, growers should be able to provide CBD cannabis oils to patients within a few months.

Oregon Senate Passes Bill Restricting Medical Marijuana Grows. The state Senate voted overwhelmingly to approve a bill widely opposed by patients and growers that limits the number of plants caregivers could grow. The measure, Senate Bill 964, also requires regular reporting by growers and allows localities to prohibit dispensaries.

South Carolina Medical Marijuana Bill Dead for This Year. A bill that would have allowed for the use of medical marijuana is dead in the state legislature this year, senators said. Senate Bill 672, sponsored by Sen. Tom Davis (R-Beaufort), will, however, get more hearings before the legislature begins the second year of its two-year session in January.

International

Dutch Police in Massive Raid on Grow Shops. Dutch police enforcing a new law cracking down on people aiding or promoting illicit marijuana cultivation raided 27 grow shops across the country Tuesday, arresting 11 people. Under the new law, it is now illegal to deliberately supply equipment for illicit marijuana cultivation. Violators face up to three years in prison.

Australia Greens File Bill to Ban Drug Dogs from Festivals. The Greens have filed a bill to end the use of drug-sniffing dogs at music festivals, bars, on public transport, and in Sydney's Kings Cross neighborhood. The bill is part of a broader Green campaign against the use of drug dogs. The Greens say the drug dogs program doesn't work, but does subject thousands of young people to humiliating searches. The Greens also argue that the dogs program doesn't target major suppliers, but people carrying small amounts of drugs for personal use.

Medical Marijuana Update

California localities continue to wrestle with medical marijuana, Illinois' nascent program gets an extension, another South Dakota initiative could be coming, Seattle plans to shut down dozens of dispensaries, and more.

California

Last Tuesday, Marin County supervisors began working on a restrictive medical marijuana ordinance. The ordinance envisions up to three nonprofit dispensaries in unincorporated areas of the county, but critics said it would create so much red tape that it would be difficult to comply with its provisions.

Last Wednesday, the State Supreme Court rejected an appeal from Yuba County patients challenging the county's new marijuana cultivation ordinance and especially its urgency provision. That provision effectively stopped opponents' ability to circulate petitions for a voter referendum. Other legal challenges to the ordinance are still pending.

On Tuesday, a successful Santa Cruz County referendum blocked a supervisors' ban on commercial medical marijuana grows. The supes had voted last month to enact the ban, but opponents managed to gather enough signatures in just three weeks to qualify an initiative for the ballot, thus putting the ban on hold until the vote.

Illinois

Last Thursday, the Senate approved an extension of the medical marijuana program. The state Senate voted 33-16 to approve House Bill 3299, which would extend the program by two more years. The measure has already passed the House and is headed for the desk of Gov. Bruce Rauner (R), but it's unclear if he will sign it. He has said he didn't think the program should be extended until it's been fully evaluated -- but it hasn't even really started.

Nebraska

Last Thursday, the legislature approved a CBD cannabis oil study bill. The state Senate gave final approval to Legislative Bill 390, under which the University of Nebraska Medical Center would study the effectiveness of CBD in treating epileptic seizures. Gov. Pete Ricketts (R) now has five days to act on it.

On Wednesday, a CBD cannabis oil bill was pronounced dead. A bill that would have allowed the limited use of CBD cannabis oil has died. LB 643, filed by state Sen. Tommy Garrett (R-Bellevue), did not have enough support to advance, Garrett said. He said he would bring it back next year.

Pennsylvania

On Monday, it looked like the medical marijuana bill had been blocked in the House. A medical marijuana bill, Senate Bill 3, has passed the Senate, but appears to be bottled up in the House after being assigned to the Health Committee, which is headed by medical marijuana foe Rep. Matt Baker (R-Tioga County). He told local media last week he didn't see the bill moving any time soon. Bill supporters are exploring their options, including moving the bill to a different committee, adding it as an amendment to other legislation, and including it in a budget measure.

South Dakota

On Wednesday, word came that a medical marijuana initiative is in the works. Maybe the third time will be the charm. An activist from Emery has submitted initiative language to the state Attorney General's office. If approved, petitioners would have to gather 13,871 valid voter signatures by November 8 to qualify for the 2016 ballot. South Dakota voted down previous efforts in 2006 and 2010.

Washington

Last Thursday, the state Supreme Court uphold local collective garden bans. The high court ruled 8-1 that the city of Kent can ban medical marijuana collective gardens. The decision upheld lower court rulings allowing cities to impose bans via zoning regulations. The case was Cannabis Action Council v. City of Kent.

On Tuesday, Seattle's mayor said he planned to shutter dozens of dispensaries. Mayor Ed Murray said Tuesday he plans to require special business licenses for marijuana shops and that dispensaries in operation before January 1, 2013, will get priority in licensing. But of the city's 99 dispensaries, 54 either opened after that date or are operating without a license, and the mayor's office says they need to shut down.

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

Three Marijuana Reform Bills Filed in Louisiana

(Welcome back to our one-time intern Jimi Devine, who has graciously volunteered his time to support our blog.)

Louisiana State Capitol
The smell of marijuana reform is strong in the bayou air, Louisiana is now home to a big push for both medical marijuana and major sentencing reforms around marijuana convictions.

Today the Louisiana legislature' House Health and Welfare Committee will hear a medical marijuana bill brought forward by Republican State Senator Fred Mills, a man who formerly served as head of the Louisiana Board of Pharmacy. Mills spent the last year working with law enforcement to make it past a committee and organizations that had held it back in the past.

According to Northeast Louisiana media outlet The News Star, major revisions have been made with support from the Louisiana Sheriffs Association, they include:

  • Prescribed marijuana would be taken in a form other than smoking it, perhaps in a pill.
  • The state Agriculture Department would be in charge of growing marijuana to be used for medical purposes.
  • Dispensing pharmacies -- ten, at this point -- would be required to meet certain conditions.
  • The bill would "sunset," or be reviewed on Jan. 1, 2020, giving lawmakers pause to determine if the changes to state law were beneficial. If the bill proves ineffective, the law could be corrected or ended.
  • The Louisiana Board of Pharmacy would adopt rules about dispensing medical marijuana.

This session the bill made it through the Senate Health and Welfare Committee that halted its progress in 2014, and then passed the full senate with two thirds in support. On when he takes it before the house Mills noted, "I'm hoping for a repeat performance from the Senate."

While the bill is very restrictive, but it would reinforce national trends on the medical use of marijuana in Louisiana. Hopefully leading to a more inclusive law in the future.

The sentencing reform bills look to reduce the penalties associated with a marijuana conviction in the state. Currently a third marijuana possession conviction could lead to a baffling 20 year sentence.

According to NOLA.com, the bill authored by New Orleans State Senator J.P. Morrell,

"reduces the maximum penalty for possession from 20 years in prison to eight, raises the threshold for a felony-level possession charge and adds a second-chance provision for first-time offenders."
 

Penalties would still be much more severe than their counterparts in other states, but first time offenders would have one opportunity to expunge their record after two years without a conviction. The bill would also reclassify a second offense from a felony to misdemeanor for quantities between fourteen grams and two and a half pounds.

The bill is projected to save Louisiana $17 million over the first five years. This would cover the $900,000 a year in wasteful spending on corrections highlighted by the Office of State Inspector General with $13 million to spare.

NOLA.com columnist Jarvis DaBerry noted,

"Such a bill does two important things. First, it establishes that a person with a small amount of weed isn't a real threat to the public. Second, and perhaps more importantly, the bill would keep such a conviction from haunting a person forever."
 

The second bill authored by Rep. Austin Badon would push major reforms, but is not as big a shift as the one presented by Morrell. Badon' bill would see those committing a third offense jailed five years, as opposed to the two year sentence in Morell' bill. It also does not include the possibility of conviction being expunged for first time offenders.

UPDATE: On Thursday Louisiana Governor Bobby Jindal said he would sign the bills if passed by the house and senate. In regards to the sentencing bill he told the Shreveport Times

"We've said all along we're fine with the idea of providing rehabilitation and treatment for nonviolent drug offenders. I think this bill does that. That's good for those offenders, that is good for taxpayers. So again, that's another one of those bills that if it got to our desk we'd sign that."

While Louisiana debates the direction of their sentencing procedures, I'll leave you with another quote from Jarvis DeBerry on the subject:

"Here's a prediction: Sooner or later, we're going to look back at what Louisiana has doing to folks caught with marijuana, and we're going to be just as shocked those sentences had our officials' blessing."

 
 
 

Chronicle AM: IL Senate Approves Decrim, MedMJ Extension; Ex-Cincy Police Chief Endorses Pot Init, More (5/22/15)

Midwest marijuana news dominates today, with the Illinois Senate approving decriminalization and medical marijuana extension bills, a prominent Ohio law enforcement figure endorsing a legalization initiative and the state attorney general rejecting another one, and more.

Marijuana Policy

Illinois Senate Passes Decriminalization Bill. The state Senate Thursday approved House Bill 218, which would decriminalize the possession of up to 15 grams of marijuana, replacing the possibility of jail time and a criminal record with a maximum $125 fine and no criminal record. The bill has already cleared the House, but will not go to the governor's desk until sponsors get some additional cleanup language approved.

Former Cincinnati Police Chief Endorses Ohio Legalization Initiative. Former Cincinnati Police Chief Tom Streicher has come out in favor of the controversial ResponsibleOhio pot legalization initiative. "Our state spends over $120 million per year to enforce marijuana prohibition, even though we all know these laws do not work," Streicher said. "Law enforcement should instead be able to spend their time and their resources cracking down on the real criminals." ResponsibleOhio is the midst of a signature-gathering campaign to qualify for the November 2015 ballot. It needs more than 300,000 approved voter signatures to qualify, but says it has 320,000 raw signatures right now and aims to gather 800,000 by the July deadline.

Ohio Attorney General Rejects Language for Third Legalization Initiative. Attorney General Mike DeWine Thursday rejected the ballot summary language for a third statewide legalization initiative, the Ohio Cannabis Control Amendment from Ohioans to End Prohibition. Two other initiatives, from ResponsibleOhio and Better for Ohio, have already been approved and are in the signature-gathering phase. Now, Ohioans for Prohibition will have to gather another 1,000 signatures and resubmit modified language if it wants to move forward.

Medical Marijuana

Illinois Senate Approves Extension of Medical Marijuana Program. The state Senate voted 33-16 Thursday to approve House Bill 3299, which would extend the program by two more years. The measure has already passed the House and is headed for the desk of Gov. Bruce Rauner (R), but it's unclear if he will sign it. He has said he didn't think the program should be extended until it's been fully evaluated -- but it hasn't even really started.

Nebraska Legislature Approves CBD Cannabis Oil Study Bill. The state Senate Thursday gave final approval to Legislative Bill 390, under which the University of Nebraska Medical Center would study the effectiveness of CBD in treating epileptic seizures. Gov. Pete Ricketts (R) now has five days to act on the bill.

Washington Supreme Court Upholds Local Collective Garden Bans. The state Supreme Court ruled 8-1 Thursday that the city of Kent can ban medical marijuana collective gardens. The decision upheld lower court rulings allowing cities to impose bans via zoning regulations. The case was Cannabis Action Council v. City of Kent.

Drug Testing

Maine Committee Rejects Governor's Food Stamp Drug Testing Bill. The legislature's Health and Human Services Committee voted 6-5 on party lines to reject LD 1407, Gov. Paul LePage's (R) bid to impose drug testing on food stamp recipients. That doesn't mean the bill is dead, though; it is still likely to be debated in the House, and the question will be whether the Democrats can hold their caucus together in opposition.

Harm Reduction

North Carolina Jail Becomes First in South to Offer Naloxone to Released Inmates. The Durham County Detention Facility last month began distributing overdose reversal kits to inmates being released in a bid to cut the overdose rate among the newly freed whose tolerance to opiate drugs has been reduced by the jail stays. The formerly incarcerated are more than a hundred times more likely to die of drug overdoses in the first two weeks after their release than the general population.

International

Iceland Support for Marijuana Legalization Doubles, But Still Low. Nearly one quarter (24.3%) of Icelanders now support marijuana legalization, up from 12.7% in 2011, a new survey finds. Men were more supportive than women (31% v. 16%), and the youth were more supportive than older cohorts, but even among people under 30, support was only at 43%.

Medical Marijuana Update

Key congressmen stick up for California's dispensaries, an Idaho CBD bill passes, an Indiana CBD bill fails, the Arizona Supreme Court allows parolees to use medical marijuana, and more.

National

Last Thursday, two key congressmen rejected DOJ claims that it can still prosecute California dispensaries. Reps. Sam Farr (D-CA) and Dana Rohrabacher (R-CA), authors of the successful congressional budget amendment protecting medical marijuana in states where it is legal, have rejected Justice Department claims that it can still go after dispensaries in California. "The Justice Department's interpretation of the amendment defies logic," Farr said. "No reasonable person thinks prosecuting patients doesn't interfere with a state's medical marijuana laws. Lawyers can try to mince words but Congress was clear: Stop going after patients and dispensaries." A Rohrabacher spokesman added that "the congressman believes the amendment's language is perfectly clear and that the DOJ's self-referential interpretation is emphatically wrong."

Alabama

Last Wednesday, a full-blown medical marijuana bill was filed. Sen. Bobby Singleton (D-Greensboro) filed Senate Bill 326, which would allow doctors to recommend medical marijuana to patients and which has a unique scheme setting three levels of allowable amounts possessed. The bill would allow one dispensary in cities with a population of 10,000 or more and two dispensaries in cities with a population of 150,000 or more. Companion legislation is expected to be filed in the House by Rep. John Rogers (D-Birmingham).

Arizona

On Tuesday, the state Supreme Court ruled that probationers and parolees can use medical marijuana. In two rulings, the state high court barred courts and prosecutors from denying registered patients the right to use medical marijuana while on probation. The cases are Arizona v. Farrell and Reed-Kaliher v. Arizona.

California

Last Tuesday, the Fresno city council approved the indoor cultivation of up to four plants. That's a change from the total ban on cultivation it passed last year. Still, patients expressed reservations about whether four plants would be sufficient. The council must approve the measure one more time before it becomes law.

Last Friday, a Yuba County judge denied a temporary restraining order against the county sought by medical marijuana growers. The Yuba Patients Coalition and six growers had sought to undo an "urgency" designation with the county's cultivation ordinance that eliminated a period for signature-gathering for a referendum challenging the ordinance. The growers said they will appeal.

On Tuesday, the State Water Board issued best practice guidelines for marijuana cultivation. The effort includes a "Know Before You Grow" brochures and a "Pesticide Use on Marijuana" research paper. Click on the link for much more.

Connecticut

On Monday, a legislative committee approved expanding the medical marijuana program.The committee endorsed Senate Bill 1064 after lengthy debate. The bill would be a significant expansion of the state's medical marijuana system and would allow children with specified diseases to participate, but they wold be limited to using low-THC, high-CBD cannabis oils. The bill now goes to the full Senate for consideration.

Florida

Last Friday, the state's CBD implementation bill faced more problems. A bill trying to get the state's CBD cannabis oil law, passed last year, actually implemented is now facing a new challenge: how to give black farmers a fair shot at growing the new crop. The existing law only allows farms that have been in existence for at least 30 years and that grow 400,000 plants or more to apply for one of five licenses to cultivate and distribute the crop. But hundreds of black farmers say they are being cut out of the deal because 30 years ago, they were still fighting with the US Department of Agriculture over discriminatory lending practices and weren't yet in business. The sponsor of both last year's successful bill and this year's implementation bill, Sen. Rob Bradley (R-Fleming Island), said he would attempt to address the issue. The bill is Senate Bill 7066.

Idaho

Last Monday, the CBD cannabis oil bill came back from the dead. The bill, Senate Bill 1146, was killed on a tie vote in the House State Affairs Committee Monday, but the committee has agreed to reconsider it and was set to meet today for further discussion on it. If it passes the committee, it could go to a House floor vote tomorrow.

Last Thursday, it passed the Senate. The bill was killed in committee on Monday, but brought back to life Thursday and passed the Senate today. Senate Bill 1146would allow for the use of CBD for "intractable seizure disorder." It won the support of all seven Democratic state senators and 15 of 27 Republican state senators.

Last Friday, it passed the House. A bill that appeared dead only a week ago has now passed both houses of the legislature and heads for the desk of Gov. Butch Otter (R). The bill is Senate Bill 1146.

Illinois

On Monday, officials began pondering whether to add 14 new qualifying conditions. The state Medical Cannabis Advisory Board is now reviewing 22 petitions requesting the addition of some 14 diseases or medical conditions to the list of those that qualify for medical marijuana. The board will hold a hearing in May and then make recommendations to the director of the Department of Publich Health, who will make the ultimate decision. Click on the link to see the whole list.

Indiana

On Tuesday, a CBD cannabis oil bill was killed. A bill to allow for the use of CBD cannabis oil to treat children with epilepsy sailed through the House earlier this session, but was killed by a Senate committee vote Tuesday after prosecutors opposed it, saying it was similar to legalizing medical marijuana.

Massachusetts

On Wednesday, the state announced it was revamping the application process for dispensaries. The state Department of Public Health (DPH) today announced significant changes to the Commonwealth's Medical Marijuana Dispensary program first authorized in 2012. The revised process will license Registered Marijuana Dispensaries (RMD) in a format similar to other healthcare facilities, such as pharmacies, which DPH also administers. This process will phase out the current use of state procurement policies to register a dispensary. Click on the link for more details.

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

Chronicle AM: ID CBD Bill Passes, Another OH Legalization Init, NV Heroin Maintenance Hearing, More (4/7/15)

Busy busy in Ohio, Arizona Supreme Court upholds patient rights, Idaho legislature approves CBD bill, Nevada legislature hearing about heroin-assisted treatment today, Rand Paul announces, and more.

Pharmaceutical diacetylmorphine AKA diamorphine AKA heroin. It could be coming to Nevada. (wikipedia.org)
Marijuana Policy

Another Ohio Legalization Campaign Gets Underway. Cleveland-based Ohioans to End Prohibition has begun initial signature-gathering for a proposed 2016 initiative that would allow adults to grow up to six plants and possess up to 100 grams (3.5 ounces) and would allow for marijuana commerce. The group needs to get a thousand valid voter signatures before moving to the next phase, where state officials will vet the initiative's language. The group would then need to gather more than 300,000 signatures to qualify for the 2016 general election ballot. Another group, Responsible Ohio, is already gathering signatures for a 2015 initiative.

Medical Marijuana

Arizona Supreme Court Rules Probationers Can Use Medical Marijuana. In two rulings today, the state high court barred courts and prosecutors from denying registered patients the right to use medical marijuana while on probation or parole. The cases are Arizona v. Farrell and Reed-Kaliher v. Arizona.

Connecticut Legislative Committee Approves Medical Marijuana Expansion.The committee endorsed Senate Bill 1064 after lengthy debate. The bill would be a significant expansion of the state's medical marijuana system and would allow children with specified diseases to participate, but they wold be limited to using low-THC, high-CBD cannabis oils. The bill now goes to the full Senate for consideration.

Idaho Legislature Approves CBD Cannabis Oil Bill. A bill that appeared dead only a week ago has now passed both houses of the legislature and heads for the desk of Gov. Butch Otter (R). The bill is Senate Bill 1146.

Illinois Officials Ponder Adding 14 More Qualifying Conditions. The state Medical Cannabis Advisory Board is now reviewing 22 petitions requesting the addition of some 14 diseases or medical conditions to the list of those that qualify for medical marijuana. The board will hold a hearing in May and then make recommendations to the director of the Department of Publich Health, who will make the ultimate decision. Click on the link to see the whole list.

Drug Policy

Rand Paul Announces Republican Presidential Nomination Bid. Kentucky Sen. Rand Paul today announced he is seeking the Republican presidential nomination. Paul has been a voice for drug reform in the Senate, calling for the federal government to let states set their own marijuana policies and filing bills on sentencing reform, industrial hemp, and medical marijuana.

Heroin

Nevada Senate Holding First Ever US Hearing on Heroin Maintenance. The state Senate is holding a hearing on Senate Bill 275, which would establish a four-year heroin maintenance (or heroin-assisted treatment) pilot program. This is the first time such a proposal has gotten a legislative hearing anywhere in the US. Witnesses will include Drug Policy Alliance executive director Ethan Nadelmann and Dr. Martin Schecter, principal investigator for Canada's North American Opiate Medication Initiative (NAOMI).

Harm Reduction

Pennsylvania State Police to Start Carrying Opiate Overdose Reversal Drug. Gov. Tom Wolf (D) formally announced today that state troopers will start carrying the opiate overdose reversal drug naloxone. About 30 states have naloxone legislation, but in only a few do police forces routinely carry the drug.

International

Chile Marijuana Legalization Bill Advances. A bill that would allow people 18 and older to grow up to six marijuana plants passed the congressional health committee Monday and now goes for a floor debate in the Chamber of Deputies. If the bill passed the chamber, it then goes to the Senate. The bill also allows people to possess up to 10 grams, but bars the public use of pot. Chile already allows for medical marijuana and was preparing for its first legal harvest this week.

This article was prepared by StoptheDrugWar.org's lobbying arm, 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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