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Medical Marijuana Update

The fight over veterans' access to medical marijuana continues, an Illinois judge tells the state to quit messing around and recognize PTSD, a fired Oregon medical marijuana users wins his job back, and more.

National

On Tuesday, eleven lawmakers asked the House and Senate leadership to restore medical marijuana language in the VA bill. The move came after language allowing VA docs to recommend medical marijuana passed both the House and Senate only to be mysteriously dropped in conference committee. "We feel the failure of the Conferees to include either provision is a drastic misfortune for veterans and is contrary to the will of both chambers as demonstrated by the strong bipartisan support for these provisions," the supporters wrote to congressional leaders on Tuesday. Among the signatories were Rep. Earl Blumenauer (D-OR) and Sens. Steve Daines (R-MT) and Jeff Merkley (D-OR). Other signatories to the letter, all Democrats, include Sens. Kirsten Gillibrand of New York, Barbara Boxer of California, Cory Booker of New Jersey, Tammy Baldwin of Wisconsin, Ron Wyden of Oregon, and Reps. Jared Polis of Colorado, Dina Titus of Nevada and Ruben Gallego of Arizona.

California

On Tuesday, Los Angeles County extended its ban on medical marijuana in unincorporated areas. County supervisors voted to extend by a year a temporary ban on medical marijuana cultivation and distribution in unincorporated areas. The county enacted a 45-day ban earlier this year and then extended it by another month before now extending it for another year. County planning officials said the ban was needed as they study how to regulate medical marijuana, but advocates retorted that the supervisors should concentrate on actually regulating the industry, not on extending bans.

Illinois

On Tuesday, a judge ordered the state to add PTSD to the medical marijuana list. A Cook County judge has ordered the state Department of Public Health to add post-traumatic stress disorder (PTSD) to the list of diseases eligible to be treated with medical marijuana. The sternly worded ruling also said the department's director, Niray Shah, an appointee of Republican Gov. Bruce Rauner, had engaged in a "constitutionally inappropriate private investigation" before deciding to rule against adding PTSD after the medical marijuana advisory board had recommended adding it. The court accused Shah of applying his own standard of medical evidence that "appears nowhere in the Act or the department's rules" and "was contrary to the plain language of the department's rules."

Montana

On Monday, the US Supreme Court refused to hear an appeal from medical marijuana supportersl. The nation's high court refused to hear a challenge to a state law that limits medical marijuana providers to selling it to no more than three patients. In refusing to hear the case, the high court let stand a Montana Supreme Court decision upholding most of a state law that effectively overturned a 2004 voter-approved medical marijuana initiative. New restrictions are now set to go into effect on August 31.

New Mexico

Last Wednesday, the state auditor bemoaned delays in processing ID cards. The state auditor and the attorney general are investigating a backlog of medical marijuana ID card applications as requests for the cards surge. The state has 30 days to issue the issue the cards, but the Department of Health said it is taking 45-50 days, and the auditor's office said it had complaints of wait times of up to 90 days.

Oregon

Last Wednesday, a worker fired for medical marijuana use won his job back. An arbitrator has ordered Lane County to reinstate a worker it fired because he used medical marijuana to deal with the side effects of cancer treatment and it has ordered the county to give him nearly $22,000 in back pay. Michael Hirsh had been employed as a senior programmer for the county before he was fired in December after two employees reported smelling pot smoke on his clothing.

Pennsylvania

Last Friday, state official finished drafting temporary medical marijuana regulations. State health officials announced last Friday that they had completed drafting temporary regs that will allow child patients to use medical marijuana products from outside the state while the state's program is being set up. Applications should be available at the health department's website sometime next month.

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

Chronicle AM: CA Will Vote on Legalization, Veterans' MedMJ Fight Not Over Yet, More... (6/29/16)

That nation's most populous state will vote on marijuana legalization in November, federal legislators keep fighting for medical marijuana access for veterans, a New Jersey needle exchange bill nears passage, the ACLU goes after the Border Patrol for abuses at interior check points, and more.

Marijuana Policy

It's Official -- California Will Vote on Marijuana Legalization in November. A broadly-backed initiative to legalize marijuana in the country's most populous state will be on the California ballot in November. The secretary of state's office made it official Tuesday afternoon, certifying that a random sample of more than 600,000 signatures turned in showed there were enough valid signatures to qualify the measure. "Today marks a fresh start for California, as we prepare to replace the costly, harmful and ineffective system of prohibition with a safe, legal and responsible adult-use marijuana system that gets it right and completely pays for itself," said Jason Kinney, spokesperson for the Adult Use of Marijuana Act (AUMA).

Medical Marijuana

Eleven Lawmakers Ask House and Senate Leadership to Restore Medical Marijuana Language in VA Bill. The move comes after language allowing VA docs to recommend medical marijuana passed both the House and Senate, only to be mysteriously dropped in conference committee. "We feel the failure of the Conferees to include either provision is a drastic misfortune for veterans and is contrary to the will of both chambers as demonstrated by the strong bipartisan support for these provisions," the supporters wrote to congressional leaders on Tuesday. Among the signatories were Rep. Earl Blumenauer (D-OR) and Sens. Steve Daines (R-MT) and Jeff Merkley (D-OR). Other signatories to the letter, all Democrats, include Sens. Kirsten Gillibrand of New York, Barbara Boxer of California, Cory Booker of New Jersey, Tammy Baldwin of Wisconsin, Ron Wyden of Oregon, and Reps. Jared Polis of Colorado, Dina Titus of Nevada and Ruben Gallego of Arizona.

Illinois Judge Orders State to ADD PTSD to Medical Marijuana List. A Cook County judge has ordered the state Department of Public Health to add post-traumatic stress disorder (PTSD) to the list of diseases eligible to be treated with medical marijuana. The sternly worded ruling also said the department's director, Niray Shah, an appointee of Republican Gov. Bruce Rauner, had engaged in a "constitutionally inappropriate private investigation" before deciding to rule against adding PTSD after the medical marijuana advisory board had recommended adding it. The court accused Shah of applying his own standard of medical evidence that "appears nowhere in the Act or the department's rules" and "was contrary to the plain language of the department's rules."

Los Angeles County Extends Ban on Medical Marijuana in Unincorporated Areas. County supervisors voted Tuesday to extend by a year a temporary ban on medical marijuana cultivation and distribution in unincorporated areas. The county enacted a 45-day ban earlier this year and then extended it by another month before now extending it for another year. County planning officials said the ban was needed as they study how to regulate medical marijuana, but advocates retorted that the supervisors should concentrate on actually regulating the industry, not on extending bans.

Harm Reduction

New Jersey Needle Exchange Bill Nears Passage. The Senate Monday gave final approval to a bill that would allow localities across the state to enact needle exchange programs. The Assembly is expected to approve changes in the Senate version of the bill Thursday. The measure, Assembly Bill 415, would then await the signature of Gov. Chris Christie (R) to become law. The state enacted a law allowing pilot needle exchange programs a decade ago.

Law Enforcement

ACLU Accuses Border Patrol of Wrongful Detentions, Seizures The ACLU of Arizona Tuesday filed a formal complaint with the Department of Homeland Security and its constituent agency, US Customs and Border Protection, demanding an investigation into "abuses arising from Border Patrol interior operations." "At the same time the Justice Department and the Obama administration are rightly urging local police to adopt 'best practices' -- ending racial profiling, collecting stop data, and curbing police militarization and asset forfeiture abuses -- we see the nation's largest law enforcement agency, CBP, rejecting those commonsense reforms," said James Lyall, a staff attorney with the ACLU. "The federal government is effectively saying, 'Do as I say, not as I do,' which leaves Border Patrol free to target citizens and non-citizens alike with these increasingly extreme and abusive practices."

Chronicle AM: Obama Commutes More Drug Sentences, Majority for Legalization in New Poll, More... (6/6/16)

President Obama keeps chipping away at the federal drug prisoner population, Weldon Angelos finally goes free, yet another poll has a national majority for marijuana legalization, the new Filipino president encourages vigilante violence against drug dealers, and more.

President Obama has commuted another 42 drug sentences, including 20 lifers. (whitehouse.gov)
Marijuana Policy

Another National Poll Has Majority Support for Legalization, Near Unanimous Support for Medical Marijuana. A Quinnipiac University poll released Monday has support for marijuana legalization at 54%, with 41% opposed. That's in line with a bevy of polls in the past couple of years showing majority support for legalization. The new Quinnipiac poll also had support for medical marijuana at 89%, with only 9% opposed, and 87% support for allowed Veterans Administration doctors to recommend it to vets with PTSD.

Anti-Legalization Forces Seek Backing of Rightist Casino Billionaire. The anti-reform group Smart Approaches to Marijuana, led by Kevin Sabet, is seeking funding from Nevada casino billionaire Sheldon Adelson, who contributed millions of dollars to defeat a medical marijuana initiative in Florida in 2014. Adelson is also a major funder of Republican presidential candidates, having spent $15 million supporting Newt Gingrich in 2012.

Massachusetts Supreme Court to Hear Challenges to Legalization Initiative. The high court is set to hear two challenges Wednesday to the legalization initiative from the Campaign to Regulate Marijuana Like Alcohol. One challenge alleges that organizers have misled voters about its ramifications and claims it would allow for the sale of GMO marijuana, while the other challenge says the words "marijuana legalization" in the initiative's title are misleading because it doesn't legalize it for people under 21.

Medical Marijuana

Montana Initiative Coming Up on Signature Deadline. Backers of Initiative 182, which seeks to restore the state's medical marijuana program demolished by the legislature in 2011, say they have some 30,000 raw signatures as a June 17 deadline draws near. They need 24,000 valid signatures to qualify. Initiative watchers generally assume as many as 30% of gathered signatures could be invalidated. If that were the case right now in Montana, the initiative would not make the ballot.

Drug Testing

Michigan Supreme Court to Hear Case of Mother Jailed for Refusing Drug Test in Son's Juvenile Case. The state's high court will hear the case of Kelly Michelle Dorsey, who was jailed for contempt of court in 2012 for refusing to take a drug test in a case involving her minor son, because the son was under the court's jurisdiction, not Dorsey. An appeals court held that forcing mothers to submit to drug tests in such cases was unconstitutional, but upheld a finding a contempt of court for her refusal. Now, the state Supreme Court is set to weigh in.

Sentencing

Obama Commutes Sentences for 42 More Drug Offenders, Including 20 Lifers. President Obama last Friday added another 42 names to the ever growing list of federal drug prisoners whose sentences he has commuted. That brings to 348 the number of commutations Obama has handed out, more than the last seven presidents combined. For a list of names of the newly commuted, go here.

Mandatory Minimum Sentencing Poster Child Weldon Angelos Freed After 12 Years. The Salt Lake City rap and hip hop label owner and small-time pot dealer was sentenced to 55 years in federal prison because he carried a pistol strapped to his ankle during marijuana deals. Now he is a free man after prosecutors moved to cut his sentence.

New Hampshire GOP Senator Wants to Jack Up Mandatory Minimums for Fentanyl. Sen. Kelly Ayotte (R-NH) is planning to offer an amendment to the National Defense Authorization Act this week that would vastly increase mandatory minimums for fentanyl. Currently, it takes 100 grams of a mixture containing fentanyl to garner a five-year mandatory minimum; under Ayotte's proposal, it would only take half a gram. The Drug Policy Alliance and Families Against Mandatory Minimums are among those opposing the move.

International

Israeli Security Minister Opposes Marijuana Decriminalization. Public Security Minister Gilad Erdan said Sunday he opposes such a move because it could increase traffic accidents and police have no way of preventing drugged drivers from getting behind the wheel. He also said that policies were already lax and the decriminalization would amount to legalization. Opposition from Erdan and Health Minister Yaakov Litzman has delayed a vote on a decriminalization bill that was supposed to take place Sunday.

Philippines President Encourages People to Kill Drug Dealers. President Rodrigo Duterte used a televised speech Saturday night to encourage citizens to shoot and kill drug dealers who resist arrest. "Please feel free to call us, the police, or do it yourself if you have the gun -- you have my support," adding, "Shoot him and I'll give you a medal." He also threatened to kill drug addicts. Duterte, the former mayor of Davao City, was reputed to have been involved with death squad killings. Apparently some Filipino voters wanted to hear that or didn't mind, since they just elected him president.

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: VT Legalization Bill Hits Bump, MedMJ Bills Killed in NE, SC, More... (4/8/16)

A Vermont House committee has changed the tax and regulate marijuana legalization bill into a two-plant cultivation decriminalization bill, medical marijuana bills get snuffed in Nebraska and South Carolina, interest in asset forfeiture reform continues, and more.

Marijuana Policy

DEA to Review Marijuana Classification. The DEA will decide whether to reclassify marijuana "in the first half of 2016," the agency said in a letter to US senators. The agency was responding to a 2015 letter from Sen. Elizabeth Warren (D-MA) and seven other Democratic senators, who urged the federal government to make it easier to study marijuana 's medical benefits. Marijuana is currently placed in Schedule I, along with heroin and LSD, as a drug with a high abuse potential and no medical uses.

California Report Calls for Strict Rules on Growers, Drivers. The Public Policy Institute of California has released a report calling for tight regulatory oversight of legal marijuana cultivation, sales, and distribution as well as highlighting the need to ensure that drivers are not impaired. "California should err on the side of more restrictive regulation," said report co-author Patrick Murphy. But California NORML disagrees, saying that "restrictive regulations will only divert business to California's robust unregulated gray market."

Maine Court Rules in Favor of Legalization Initiative on Signatures Issue. A Kennebec County Superior Court judge ruled Friday that the state may have improperly invalidated thousands of petition signatures because it rejected petitions without actually reviewing all of them. The secretary of state's office must now review all the disputed petitions and place the measure on the November ballot if it finds enough signatures were gathered. The state had invalidated more than 17,000 voter signatures because it said the notary's signatures on the petitions didn't match the signature it had on file. That was enough to disqualify the initiative.

Vermont House Committee Changes Legalization Bill to Cultivation Decrim Bill. The House Judiciary Committee Wednesday dramatically rewrote Senate Bill 241, turning the tax and regulate legalization bill into one that would only decriminalize the cultivation of up to two marijuana plants. Committee Chair Rep. Maxine Grad (D-Moretown) said it became clear that she didn't have the votes to pass the Senate version. If the new House version passes, it would have to be reconciled with the Senate version. The Senate legalization bill had no provision for home cultivation.

Medical Marijuana

Nebraska Medical Marijuana Bill Killed. The bill, LB 643, failed Tuesday night when it was filibustered on the second round of consideration and sponsor Sen. Tommy Garrett (D-Bellevue) fell three votes short of ending the filibuster.

South Carolina Senate Committee Kills Medical Marijuana Bill. The Senate Medical Affairs Committee voted 7-4 Thursday to kill Senate Bill 672, the Medical Marijuana Program Act. "This is a bad idea. It's a pathway to recreational usage," said Sen. Mike Fair (R-Greenville).

Asset Forfeiture

Alaska House Committee Rewrites Asset Forfeiture Bill. The House Judiciary Committee has approved a stripped-down civil asset forfeiture bill. The originally broad-ranging bill has now been reduced to only abolishing non-criminal forfeitures, and now heads to the House Finance Committee. The Judiciary Committee said it will work on a broader reform bill for the next session, but wanted to get something passed this year.

Delaware Bill to End Civil Asset Forfeiture Filed. A bipartisan group of legislators Wednesday filed a bill to end civil asset forfeiture in the state. "In America, the government should not be able to take your property unless they can prove you did something wrong," Sen. Colin Bonini, (R-Dover) said at a news conference.

Nebraska Asset Forfeiture Bill Stays Alive. A bill to restrict property seizures from people not convicted of a crime has won second-round approval after lawmakers amended it to address law enforcement concerns. The amendments will allow state law enforcement agencies to continue to participate in the Justice Department's Equitable Sharing program, which allows local police to end-run state laws that direct seized funds into the general fund or other specified funds. Under the federal program, the feds keep 20% and the local agency gets 80%. The bill is LB 1106.

Chronicle AM: More Obama Commutations, SC Town Pays Big for Killing Teen in Pot Bust, More... (3/30/16)

The president has commuted sentences for another 61 federal drug offenders, Maine legalizers are fighting to get their signatures validated and their initiative on the ballot, a South Carolina town pays out big for the death of a local teen in a small-time pot bust, and more.

Zach Hammond's family has settled a lawsuit over his death in a small-time pot sting operation gone bad. (Hammond family photo)
Marijuana Policy

Maine Senate Approves Marijuana DUID Bill. The Senate voted 19-14 Wednesday to pass LD 1628, which establishes a blood level for THC over which the driver is presumed to be impaired. The bill sets the limit at 5 nanograms of THC per milliliter of blood, the same as the states of Colorado and Washington. The bill now goes to the House.

Maine Legalization Campaign Gets Hearing On Invalidated Signatures. At a court hearing Wednesday, the Campaign to Regulate Marijuana Like Alcohol fought to get more than 17,000 invalidated signatures reinstated. The campaign accused Secretary of State Matthew Dunlap of using an "unconstitutionally vague" interpretation of election laws to invalidate the signatures -- all of which were notarized by the same person. Dunlap said the notary's signature didn't match his on-file signature. By invalidating the 17,000 signatures, Dunlap ensured that the initiative campaign would not qualify for the November ballot. The court has until April 11 to render a decision.

Oregon Governor Signs Marijuana Edibles Bill. Gov. Kate Brown Tuesday signed into law Senate Bill 1511, which allows people 21 and over to purchase edibles and extracts at dispensaries. The bill also allows recreational pot stores to sell medical marijuana tax-free to registered patients.

Medical Marijuana

Rhode Island Patients Protest Proposed Medical Marijuana Tax. Protestors gathered at the State House Tuesday to just say no to Gov. Gina Raimondo's (D) plan to impose a tax on patient and caregiver growers. "We have pain, we have cancer, taxing us is not the answer," they chanted. Under her plan, caregivers would have to pay $350 per plant and patients who grow their own would have to pay $150. The protest took place just before the House Finance Committee took up the proposal.

Heroin and Prescription Opioids

Full Transcript of President Obama's Atlanta Remarks on Heroin and Pain Pills. The White House has released the full transcript of the discussion panel in which President Obama took part Tuesday as part of the National Prescription Drug Abuse and Heroin Summit in Atlanta. Click the title link for the transcripts.

Law Enforcement

Family of Zach Hammond Settles Police Killing Lawsuit. The South Carolina teenager was shot and killed by police last summer as he sat in his pick-up truck. The teenage girl who was his passenger was the target of an attempted bust over the sale of a bag of weed, and police shot Hammond as he attempted to pull away from the scene. His family has settled the lawsuit for $2.1 million. State investigators last year concluded that the killing was justified, but the city has just paid up.

Sentencing

Obama Pardons More Drug Offenders. President Obama today granted clemency to 61 more federal drug offenders, more than a third of whom were serving life sentences. That brings to 248 the number of sentences commuted by Obama, more than the six previous presidents combined. He was also set to meet today with people whose sentences had been commuted by previous presidents to discuss their experiences with reentry and how the process can be strengthened. On Thursday, he will hold a Life After Clemency briefing at 2:00pm EDT, which can be viewed live at www.whitehouse.gov/live.

Medical Marijuana Update

Michigan dispensaries get raided, a CBD cannabis oil bill comes back to life in Georgia, a CBD cannabis oil bill dies in Utah, Pennsylvania is just a couple of votes away from medical marijuana, and more.

California

On Monday, an appeals court upheld LA's ban on medical marijuana deliveries A three-judge appellate court panel upheld a lower court's decision to temporarily ban Nestdrop, an app that allowed people in the city to have marijuana delivered to their door. But the decision will have an impact beyond Nestdrop; the justices held that under the city's zoning law, Proposition D, all delivery services are barred from operating in the city.

Georgia

On Monday, the CBD cannabis oil bill wa revived. Supporters of House Bill 722, which would expand access to CBD cannabis oil, have resurrected the measure by attaching its language to an old Senate bill. It could go to a House vote as early as today. The bill would expand conditions that qualify for CBD cannabis oil and allow companies outside the state to ship it in. Language that would have allowed in-state marijuana cultivation to produce the oil was stripped out earlier in the House.

Michigan

On Sunday, dispensary raids sparked protests. Nearly a hundred people took to the streets outside the Michigan State Police Gaylord Post Sunday to protest raids against 12 Oswego County dispensaries two days earlier. The Straits Area Narcotic Enforcement (SANE) team led the raids, which were the second such law enforcement assault on patient access in the area in the past year.

On Tuesday, more raids were revealed. The West Michigan Enforcement Team (WEMET) has raided four dispensaries for allegedly selling medical marijuana to cardholders who were not their registered patients. Two were in Saugatuck, one in Allegan City, and one in Pullman. Twelve other Northern Michigan dispensaries were raided last week.

Nebraska

On Monday, a state medical marijuana political party was formed. Cornhusker activists tired of waiting for the legislature to act have formed a political party, Legal Marijuana Now Nebraska, and are preparing a signature drive to put medical marijuana to the voters. The will need to gather 6,500 valid voter signatures by August 1 to qualify for the November ballot.

Ohio

On Tuesday, the medical marijuana initiative campaign resubmitted initiative language. That didn't take long. Last Friday, Attorney General Mike DeWine (R) rejected the Ohioans for Medical Marijuana initiative because of deficiencies in its summary. On Tuesday, the campaign submitted revised language. After 20 days of review by state officials, the campaign will then have until July to gather 306,000 valid voter signatures to qualify for the November ballot. Pennsylvania

 

Last Thursday, a key House member said he would allow a vote on the medical marijuana bill this week. Ten months after the Senate approved Sen. Mike Folmer's Senate Bill 3, the House will finally vote on it this week. On Monday, the bill began to move. The House Monday night passed an amended version of Sen. Mike Folmer's Senate Bill 3. The vote comes 10 months after the bill passed the Senate. The bill still faces a final House vote and then must return to the Senate for its approval of the amended version. South Dakota Last Wednesday, the House killed a CBD cannabis oil bill. A bill that would have allowed for the use of CBD cannabis oil was killed in the House Wednesday on a 25-43 vote, with one "no" voter suggesting parents who lobbied for it should move to another state. The measure, Senate Bill 171, had already passed the Senate, and Republican Gov. Dennis Daugard had suggested he would sign it. Rep. Kristin Conzet (R-Rapid City) told people suffering seizure disorders they should move elsewhere. "I don’t like the road that we’re going down at this time," she said. "This is not a bill for South Dakota." 

Utah

Last Thursday, the legislative killed a CBD cannabis oil bill. First, lawmakers killed an actual medical marijuana, Senate Bill 73, and then, a watered-down substitute, Senate Bill 89 died as lawmakers could not come to agreement on late amendments on the last day of the session. The stage is now set for a medical marijuana initiative drive by patients and supporters frustrated with the legislature's inaction.

 

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

Medical Marijuana Update

Medical marijuana continues its painful progress through statehouses across the land, Montana sees medical marijuana sales curtailed, New Mexico posts info on growers and sellers, and more.

Georgia

Last Wednesday, a House panel approved expanding qualifying conditions. The House Judiciary Non-Civil Committee Wednesday approved adding seven medical conditions to the state's CBD cannabis oil program. Included are autism, post-traumatic stress disorder, and HIV or AIDS, among others. The bill, House Bill 722, now goes to the House Rules Committee. But bill sponsor Rep. Allen Peake (R-Macon) isn't so pleased -- the bill was designed to allow cultivation of CBD cannabis oil in the state, but that provision was gutted in committee.

Last Thursday, a new poll found strong support for allowing cultivation for CBD cannabis oil. An 11Alive News/Survey USA poll has support for growing marijuana for medical purposes at 66%, with only 23% opposed. The poll comes as the legislature is advancing a bill that would have allowed that, but had that provision stripped out in committee. The bill in question is House Bill 722.

On Monday, the House approved CBD cannabis oil expansion, but still no legal source. Lawmakers approved House Bill 722, adding seven new conditions to the list of those qualifying to use CBD cannabis oil. But much to the dismay of bill sponsor Rep. Allen Peake (R-Macon), the bill does not allow for cannabis cultivation in the state. To obtain their medicine, patients must thus resort to violating federal law by importing the medicine. The bill now goes to the Senate.

Maryland

Last Friday, the House approved a medical marijuana expansion bill. Lawmakers approved House Bill 104, filed by Del. Dan Morhaim (D-Baltimore County). The bill would allow midwives, nurses, podiatrists, and dentists to certify patients for medical marijuana. The bill has no immediate practical implications because there are not yet any dispensaries open in the state. The bill now heads to the Senate.

Montana

Last Thursday, the state Supreme Court radically limited medical marijuana sales. In its decision, the state's high court ruled that medical marijuana providers could be paid for their services, but limited each provider to no more than three patients, banned medical marijuana advertising, and upheld automatic reviews of physicians who recommend it to more than 25 patients. In the decision, the court largely upheld a 2011 law passed by the GOP-dominated legislature aimed at gutting the state's then free-wheeling medical marijuana program.

New Mexico

On Monday, the state posted the names and addresses of medical marijuana growers and sellers. The state Health Department posted on its website the names and addresses of non-profits licensed to grow and sell medical marijuana in the state. The move is in response to a Freedom of Information Act request in a lawsuit brought by a reporter and a public interest group.

Ohio

On Tuesday, MPP rolled out its medical marijuana initiative. The Marijuana Policy Project-backed Ohioans for Medical Marijuana has debuted its proposed constitutional amendment to allow for medical marijuana. The proposal calls for 15 large-scale grow operations and an unlimited number of smaller grows, with five types of business licenses for growers, manufacturers, and retailers. Personal medical marijuana grows would not need to be licensed.

Pennsylvania

Last Thursday, a key legislator agreed to let a medical marijuana bill move forward. A long stalled medical marijuana bill will get a House vote after House Majority Leader Dave Reed (R-Indiana County) agreed to quit holding up the measure. The move prompted a supportive statement from Gov. Bill Wolf (D), who said, "I support the legalization of medical marijuana and I believe it is long past time to provide this important medical relief to patients and families across the commonwealth… It is time to legalize medical marijuana because we should not deny doctor-recommended treatment that could help people suffering from seizures or cancer patients affected by chemotherapy. I urge quick action by the legislature to legalize medical marijuana."

Texas

On Tuesday, a new poll showed strong support for medical marijuana. A new Texas Tegna poll suggests Texans are ready to move beyond the limited legalization of CBD cannabis oil and go for full-blown medical marijuana. The survey found that 71% supported expanding the program, with only 19% opposed.

Utah

Last Thursday, the medical marijuana bill passed the Senate. The Senate voted 17-12 to approve Senate Bill 73, sponsored by Sen. Mark Madsen (R-Saratoga Springs), which would allow a medical marijuana program in the state, but now allow patients access to raw buds. The vote to approve came despite the opposition of the Mormon Church. The measure now goes to the House, where its prospects are uncertain.  [For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Chronicle AM: RI Legalization Bills, More Philly Dope Cases Thrown Out, More... (2/8/16)

New England is turning into a real marijuana legalization hotspot as Rhode Island is set to become the latest state in the region to try to free the weed, the South Dakota legislature will take up medical marijuana after an initiative failed to make the ballot, Philadelphia's "tainted justice" policing scandals undoes more drug convictions, and more.

Rhode Island State House
Marijuana Policy

Rhode Island Legalization Bills to Be Filed This Week. Rep. Scott Slater (D-Providence) says he will file a marijuana legalization bill in the General Assembly this week, and Sen. Joshua Miller (D-Cranston) will file companion legislation in the Senate.

Medical Marijuana

South Dakota Medical Marijuana Initiative Fails to Make Ballot. A proposed initiative from New Approach South Dakota has come up short on signatures and will not qualify for the November ballot. The group needed nearly 14,000 valid voter signatures to qualify, but, based on a sampling of 5% of the 16,000 signatures handed it, state officials said only slightly more than half were valid, leaving the group with only 9,000 valid signatures. New Approach South Dakota has 30 days to challenge the findings.

South Dakota Medical Marijuana Bill Filed. State Sen. Angie Buhl O'Donnell has filed Senate Bill 167, which would legalize the use of marijuana for medical reasons. The bill was filed last Friday, one day after the deadline for filing new bills, but lawmakers agreed to waive the rules after state officials rejected a medical marijuana initiative for lack of valid signatures.

Drug Testing

Tennessee Welfare Drug Test Program Finds Very, Very Few Positives. In line with the experience of other states that have embarked on public benefits drug testing schemes, Tennessee's program has had just 65 people test positive out of 39,121 tested. Another 116 people refused to participate in drug screening, disqualifying them from benefits. The state has spent $23,592 on drug testing so far.

Law Enforcement

More Philadelphia Drug Cases Overturned, Thanks to Crooked Cops. A judge last Friday quickly overturned 51 old drug convictions brought by a tainted Philadelphia Police drug unit. The six officers in the dope squad managed to win acquittals on federal corruption charges, but prosecutors and judges still consider their cases tarnished. With Friday's dismissals, the number of convictions overturned or cases dismissed has climbed to 699. Several hundred more convictions could be overturned in the coming months.

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