Asset Forfeiture

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

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

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

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

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

Medical Marijuana

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

Asset Forfeiture

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

Heroin and Prescription Opioids

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

Harm Reduction

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

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

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

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

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

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

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

Asset Forfeiture

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

Harm Reduction

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

Jeff Sessions Wants More Asset Forfeiture -- Especially in Drug Cases

Attorney General Jeff Sessions said on Monday that the Dept. of Justice will seek to increase the use of asset forfeiture by state and local police forces.

US Attorney General Jeff Sessions makes another drug warrior move. (senate.gov)
Asset forfeiture is a practice in which police seize cash and property. It has come under sustained criticism in recent years, with critics arguing that it amounts to policing for profit, and state legislatures around the country have moved to rein it in. But Attorney General Sessions is headed in the opposite direction.

Sessions said in prepared remarks for the National District Attorney's Association meeting, "We hope to issue this week a new directive on asset forfeiture -- especially for drug traffickers. With care and professionalism, we plan to develop policies to increase forfeitures. No criminal should be allowed to keep the proceeds of their crime."

But it's not just criminals who fall victim to asset forfeiture. Federal law and many states allow the seizure of cash or property without convicting or even charging someone with a crime, a procedure known as civil asset forfeiture. And some fairly significant chunks of money can be involved: As The Washington Post noted, the Justice Department's Inspector General has found that.since 2007, the DEA alone has seized more than $3 billion in cash, in cases in which the owners were never charged with crimes.

While many states allow police to keep the cash they seize, others have enacted legislation directing that forfeiture funds go to the general fund or some other specified fund, depriving law enforcement of a revenue stream to which it had become accustomed. Police in such states evade such laws by turning over seizures to federal law enforcement, which then returns 80% of it to the local law enforcement agencies. The feds and the cops get their money; other state purposes that would have benefited do not.

It's called the Equitable Sharing Program, and that's the "adoptive forfeiture" Sessions referenced in his speech. He was making clear that he intends to undo a 2015 Justice Department memo authorized by then-Attorney General Eric Holder curtailing the practice.

"Adoptive forfeitures are appropriate," Sessions emphasized, "as is sharing with our partners."

That isn't sitting too well with Robert Everett Johnson, an attorney for the Institute for Justice, a DC-based nonprofit that describes itself as "the Law Firm for Liberty."

"This is a federalism issue," Johnson told the Post. "Any return to federal adoptive forfeitures would circumvent limitations on civil forfeiture that are imposed by state legislatures… the Department of Justice is saying 'we're going to help state and local law enforcement to get around those reforms.'"

The move is also drawing criticism from at least one Capitol Hill arch-conservative, Senator Mike Lee (R-UT). In a statement Monday, he told Reason he had serious concerns with a return to aggressive federal asset forfeiture, and he cited Supreme Court Justice Clarence Thomas's remarkable dissent in an asset forfeiture case before the court last month.

"As Justice Thomas has previously said, there are serious constitutional concerns regarding modern civil asset forfeiture practices," Lee said. "The Department has an obligation to consider due process constraints in crafting its civil asset forfeiture policies."

But Attorney General Sessions gave no indication he's going to be slowed down by such considerations. Between his embrace of asset forfeiture, his threatening comments about legal marijuana, and his call for a return to harsh federal drug sentencing practices, Sessions is turning out to be just as bad as reformers thought he would be.

Minneapolis, MN
United States

Outrageous Massachusetts Drug Bill Would Send You to Prison and Steal Your Car -- No Drugs Needed

p>With the support of state law enforcement, a Massachusetts Democratic state representative has filed a drug war bill that would send violators to prison for a mandatory minimum two years (five years for a second offense) and allow police to seize their vehicles -- all without the presence of any actual drugs.

Sponsored by Rep. Stephan Hay (D-Fitchfield), the measure, House Bill 1266, makes it a crime to have a hidden compartment in one's vehicle or to try to add one -- and it presumes that any hidden compartment in a vehicle is for "for the purpose of transporting or distributing controlled substances" and related contraband, such as cash or weapons. As the bill specifies in its asset forfeiture section:

Proof that a conveyance contains a hidden compartment as defined in this section shall be prima facie evidence that the conveyance was used intended for use in and for the business of unlawfully manufacturing, dispensing, or distributing controlled substances.

This is a legislative attempt to redefine reality in the name of drug war priorities akin to South Dakota's law deeming meth use or possession by a parent as child abuse. Despite that law, meth use is not child abuse, although it could lead to it. Similarly, having a hidden compartment in a car does not mean one is involved in trafficking, although one could be. But in both cases, legislators seek to twist reality to sync with prohibitionist -- and punitive -- ideology.

Only one state, Ohio, has a similar law on the books, and it has only been used once, but that one instance should be disturbing. In 2013, state troopers stopped Norman Gurley and discovered a secret compartment in his vehicle. They found absolutely no drugs but arrested him anyway on charges he broke the secret compartment law. That case briefly became a national news sensation before fading into obscurity, but it still lives: Gurley is set for a jury trial in December.

Police in Massachusetts are supporting this bill not only because it gives them one more tool in their war on drugs, but also because they get to keep any cars they seize. Massachusetts has the worst civil asset forfeiture laws in the country, and unlike states that are lining up to end forfeitures without a criminal conviction, as neighboring Connecticut did this week, cops only need to reach the threshold of probable cause that someone's cash or car or other property is related to a crime to seize it. This bill would make it all the easier, and they wouldn't even need to find any drugs.

Chronicle AM: CT Ends Civil Forfeiture, Sessions Calls for More Drug War (Again), More... (7/12/17)

Connecticut has become the 14th state to end civil asset forfeiture, Nevada's state government is moving to ease a potential marijuana shortage, Jeff Sessions gives another drug war speech, and more.

Attorney General Sessions showed up at DARE to slam Obama-era drug reforms. (senate.gov).
Marijuana Policy

Massachusetts Governor Says Deal on Legalization Close. Gov. Charlie Baker (R) said Thursday lawmakers are close to reaching a deal on a bill that will regulate legal marijuana in the state. The House had favored a 28% tax and allowing localities to ban pot businesses without a popular vote, while the Senate held to the 12% tax included in the voter-approved legalization initiative and wouldn't allow pot shop bans without a popular vote. "I'm told there are only a couple minor things that are outstanding. I hope they get them done because if they don't get them done, I think at some point, we're going to have to go forward with the law as it was written," said Baker.

Nevada Regulators Set to Approve Emergency Regs to Avoid Pot Shortage.State tax officials are set to vote Thursday on an emergency regulation that they hope will allow marijuana stores to avoid running out of supply. The regulation would allow the state to issue distribution licenses that are currently being held up by a legal challenge from liquor distributors, who want a cut of the action. Because of heavy demand since legal sales started July 1, some shops are "running on fumes," said Nevada Dispensary Association President Andrew Jolley.

Asset Forfeiture

Connecticut Governor Signs Bill Ending Civil Asset Forfeiture. Gov. Dannel Malloy (D) on Monday signed into law House Bill 7146, which ends property or cash seizures in the state without a criminal conviction. Connecticut becomes the 14th state to require a criminal conviction in most or all forfeiture cases.

Drug Policy

Attorney General Sessions Again Attacks Drug, Sentencing Reforms. In a speech at the Drug Abuse Resistance Education (DARE) training conference in Dallas on Tuesday, Attorney General Jeff Sessions called the country's drug problem "unprecedented" and generally blamed it on Obama-era sentencing reforms that led prosecutors "not to charge the most serious offenses." Sessions said a new Justice Department police directing prosecutors to seek mandatory minimum sentences was the way to go. "We are going to trust our prosecutors again," Sessions said Tuesday. "This policy empowers trust in professionals to apply the law fairly and exercise discretion when appropriate."

Chronicle AM: SD Sued Over Forced Catheterization of Toddler for Drug Test, More... (6/30/17)

The ACLU sues South Dakota over the forced drug testing of a toddler, Detroit residents again sue the dope squad for killing dogs in pot raids, Pennsylvania's governor signs an asset forfeiture reform bill, and more.

Trump's EPA head stops California from setting pesticide regulations for marijuana crops.
Marijuana Policy

EPA Rejects California's Request to Recognize Allowable Marijuana Pesticides. Environmental Protection Agency head Scott Pruitt last week rejected the state's request to recognize acceptable pesticides for pot crops. Pruitt used the fact of marijuana's continuing illegality under federal law to justify the decision: "Under federal law, cultivation (along with sale and use) of cannabis is generally unlawful as a schedule I controlled substance under the Controlled Substances Act. The EPA finds that the general illegality of cannabis cultivation makes pesticide use on cannabis a fundamentally different use pattern."

Medical Marijuana

Pennsylvania Health Department Issues Dispensary Permits. The Health Department announced Thursday it had granted 27 medical marijuana dispensary permits. Each permit holder can open up to three dispensaries. They will be permitted to begin selling medical marijuana in six months. Click on the link for a list of permit recipients.

Asset Forfeiture

Pennsylvania Governor Signs Asset Forfeiture Reform Bill. Gov. Tom Wolf (D) signed into law Senate Bill 8 on Thursday. The bill does not end civil asset forfeiture, but does impose a higher burden of proof on law enforcement before forfeitures can take place, mandate a hearing before any seized real property is forfeited, and add protections for third-party property owners.

Drug Testing

South Dakota Sued Over Forced Catherization of 3-Year-Old for Drug Test. The ACLU of South Dakota has filed a pair of lawsuits over the forced use of a catheter to take a urine sample from a three-year-boy to test for drugs as part of a child welfare investigation. The suit comes in the case of a Pierre woman whose boyfriend violated probation by testing positive for illegal drugs. Child protective workers then told the women her children would be taken away if she did not submit them to a drug test. The federal lawsuit names as defendants the state of South Dakota and the hospital whose employees actually performed the procedure.

Law Enforcement

Detroit's Dog Killing Drug Cops Sued for Third Time. A Detroit couple has filed a civil rights lawsuit against Detroit Police alleging officers needlessly and maliciously killed their three dogs during a July 2016 marijuana raid after officers refused to let them retrieve the animals from the back yard. That brings to three the number of active lawsuits filed against Detroit cops for killing dogs during pot raids. The culprit is the department's Major Violators Unit, which conducts hundreds of raids a year in the city, and which has left a trail of dead dogs in its wake. One officer alone has killed 69 dogs.

Illinois Supreme Court Rules County DAs Can't Form Their Own Dope Squads. The state Supreme Court ruled Thursday the county prosecutors cannot form their own policing units to conduct drug interdiction efforts, including traffic stops. The ruling came in a case involving the State Attorney's Felony Enforcement (SAFE) Unit created by the LaSalle County district attorney. The unit operated for five years, mainly stopping cars on their way to and from Chicago. Previously, state appeals courts had ruled that the units were an overreach of prosecutorial authority, and now the state's highest court has backed them up.

Chronicle AM: IL Passes Forfeiture Reform, House Heroin Task Force Proposals, More... (6/28/17)

Utah's new medical marijuana initiative is exposing fissures between the LDS leadership and membership, an asset forfeiture reform bill sits on the desk of Illinois' governor, a bipartisan House heroin task force releases its proposals, and more.

Utahns are ready for medical marijuana. (Harborside)
Medical Marijuana

Utah Poll Has Strong Support for Medical Marijuana. Just days after the Utah Patient Coalition took initial steps to put an initiative on the November 2018 ballot, a poll it sponsored showed that 73% of Utah voters support the initiative, with only 20% opposed. Support came from all demographic groups, including active Mormons, 63% of whom said they were in favor.

Mormon Church Opposes Utah Medical Marijuana Initiative. The powerful Salt Lake City-based Church of Jesus Christ of Latter Day Saints (Mormons) has come out in opposition to a medical marijuana initiative filed this week by the Utah Patients Coalition. The church acknowledged ongoing interest in medical marijuana and said it supported further research but argued that approval of medical marijuana should come after "the FDA approval process that all other drugs must go through before they are prescribed to patients."

Asset Forfeiture

Illinois Legislature Passes Asset Forfeiture Reform. The legislature last Friday gave final approval to an asset forfeiture reform measure, House Bill 303, that raises the standard of evidence for seizures from probable cause to a preponderance of the evidence and bars seizures of under $500 in most drug cases. The bill does not, however, require a criminal conviction before a seizure can occur -- a sop to prosecutors and law enforcement groups who lobbied for that provision to be dropped. The bill now awaits action from Gov. Bruce Rauner (R).

Heroin and Prescription Opioids

House Bipartisan Heroin Task Force Releases Proposals. A bipartisan group of House members released a raft of proposals Tuesday aimed at fighting the nation's drug problems as "an American issue," not a partisan one. The package of bills from the Bipartisan Heroin Task Force includes increased funding for drug-screening gear at the border, studies on the effects of synthetic drug use, greater flexibility for use of health savings accounts, and creation of treatment centers for infants exposed to opioids during their mothers pregnancy.

International

Georgia Parliament Takes Up Drug Decriminalization. The Parliamentary Health Committee has introduced a bill to decriminalize the possession of all drugs that was developed by the National Drug Policy Platform, a grouping of more than 40 NGOs. The bill would annul the country's much-criticized strict 2007 drug law, as well as making changes to at least 10 criminal and administrative laws. The core principle behind the bill is to shift the country's drug policy away from a criminal justice approach, treating drug use instead as a public health issue. Earlier this month, parliament gave initial approval to marijuana decriminalization. Both pot decrim and broader drug decrim should be addressed during parliament's looming autumn session.

Chronicle AM: NV MJ Sales Could Be Delayed, Forfeiture Reform Goes to PA Gov, More... (6/21/17)

MPP loses bank accounts as the financial sector gets worried about a Trump crackdown on legal marijuana, Nevada's July 1 goal for legal pot sales hits a bump, a New York bill that would allow medical marijuana for PTSD goes to the governor, and more.

Las Vegas may have to wait a while longer for legal marijuana stores. (Wikimedia)
Marijuana Policy

Marijuana Policy Project Loses Bank Accounts. PNC Bank has notified the Marijuana Policy Project that it will close the group's bank accounts on July 7 in what is seen as "a sign of growing concerns in the financial industry that the Trump administration will crack down on the marijuana industry in states that have legalized it." Many financial institutions refuse to do business with marijuana companies while marijuana remains illegal under federal law, but policy groups like MPP have up until now been spared. In this case, PNC Bank said because MPP received money from marijuana businesses, it is cutting the cord.

Nevada July 1 Legal Marijuana Sales Date in Jeopardy After Court Ruling. A district judge in Carson City on Tuesday extended a temporary order barring the state from moving ahead with plans to issue marijuana distribution licenses to existing dispensaries so they can begin recreational sales on July 1. The order comes in a case brought by licensed liquor wholesalers, who say they should have exclusive rights to those licenses for the first 18 months. State officials said they remain committed to the July 1 date, but it's not clear how that's going to happen.

Medical Marijuana

New York Senate Approves Medical Marijuana for PTSD. The state Senate voted Tuesday to approve Senate Bill 6092, which allows medical marijuana to be used to treat PTSD. The Assembly passed an identical measure earlier this year, so the bill now goes to the desk of Gov. Andrew Cuomo (D).

Pennsylvania Issues First Medical Marijuana Permits. The Department of Health on Tuesday announced 12 medical marijuana grower permits, with the permits going to two companies in each of the six permitting regions the department established as part of the implementation of the state's medical marijuana law. The department will announce the allocation of 27 dispensary permits before the month ends, it said.

Asset Forfeiture

Pennsylvania Legislator Passes Timid Asset Forfeiture Reform Bill. With a unanimous vote in the House on Tuesday, the legislature has approved Senate Bill 8, which does not end civil asset forfeiture, but does require county governments to audit all asset forfeitures by local law enforcement agencies and send reports to the state attorney general and the General Assembly each year. The bill also establishes a higher legal threshold before police can seize high-value assets such as cars and houses and bars the seizure of real estate without a hearing. The bill originally would have ended civil forfeiture, but it was amended under pressure from district attorneys to be less strict.

Chronicle AM: FL Solons Reach MedMJ Accord, CO Gov Signs Asset Forfeiture Bill, More... (6/12/17)

Florida lawmakers finally reach agreement on implementing the medical marijuana constitutional amendment, Colorado's governor signs an asset forfeiture reform bill, and more.

Faced with large protests, Georgia's prime minister says he will hurry up with drug reform. (IPN screengrab)
Marijuana Policy

House Effort to Help Marijuana Businesses With Banking Thwarted. Two Florida representatives, Matt Gaetz (R-Fort Walton Beach) and Darren Soto (D-Orlando), filed an amendment to the Financial CHOICE Act of 2017 that would have eased federal restrictions on banking services for marijuana businesses. The bill was approved by the House last Thursday, but not before the House Rules Committee stripped the amendment from the bill.

Colorado Governor Signs Bills Limiting Plant Counts, Caregivers. Gov. John Hickenlooper (D) last Thursday signed into law House Bill 17-1220, which limits personal cultivation to 12 plants per residence unless a local government allows more, and House Bill 17-1221, which says that only caregivers can grow plants for other people and sets up a grant program to fund police efforts to prosecute crimes related to black market weed.

Medical Marijuana

Connecticut Takes Another Step Toward Adding More Qualifying Conditions. Consumer Protection Commissioner Michelle Seagull announced last Friday that she would follow a recommendation from the Medical Marijuana Program Board of Physicians to include three new conditions among the list of qualifying conditions for medical marijuana use. They are hydrocephalus with intractable headaches, intractable migraines, and trigeminal neuralgia. Seagull will now draft a new regulation by the end of the month, and after that, there will be a 30-day public comment period, then a review by the office of the attorney general, and then the approval of the Regulation Review Committee of the General Assembly. The whole process could take another year.

Florida Legislature Passes Medical Marijuana Implementation Bill. Lawmakers used a special session to come to an agreement on how to handle medical marijuana last Friday. Under the proposal approved by the legislature, which Gov. Rick Scott (R) says he will sign, the state will gain an additional ten medical marijuana operators within four month. Each operator can operate up to 25 dispensaries across the state. But the bill also bans the smoking of medical marijuana even though the constitutional amendment approved by voters last November expressly included a provision that allows smoking. That has led Orlando lawyer John Morgan, who largely bankrolled the amendment, to vow to sue the state over the no-smoking provision.

Vermont Governor Signs Medical Marijuana Expansion Bill. Gov. Phil Scott (R) last Thursday signed into law Senate Bill 16, which expands the list of qualifying conditions for medical marijuana. The new conditions added are Parkinson's disease, Crohn's disease, and PTSD. The new law also increases the number of dispensaries in the state from four to five.

Asset Forfeiture

Colorado Governor Signs Asset Forfeiture Reform Bill. Gov. John Hickenlooper (D) last Friday signed into law a civil asset forfeiture reform bill, House Bill 17-1313, which blocks state and local law enforcement from handing forfeiture cases off to the feds if the total value of the seized property is less than $50,000. In cases prosecuted by the federal government, the local law enforcement agency receives 80% of the proceeds, while under state law, the proceeds go to a general fund. Under the new law, police must also report all asset forfeitures and how they were used to the state.

International

Facing Mass Protests, Georgian Prime Minister Vows to Soften Harsh Drug Policies. After large crowds gathered in the capital Tbilisi to protest the arrest of two rappers who claim police planted drugs on them, Prime Minister Giorgi Kvirikashvili unexpectedly weighed in a vowed to soften the country's drug laws. "I call on the parliament to accelerate the work [on the issue of softening drug legislation] in order at last to adopt a modified and humane law for the fall session in line with European standards," said in a statement published on the government website.

Chronicle AM: Supreme Court Restricts Forfeiture, Rejects College Drug Test Bid, More... (6/6/17)

The Supreme Court makes two good drug policy-related rulings in one day, the California Assembly approves both a marijuana "sanctuary" bill and a supervised injection site bill, last-ditch efforts to free the weed in Connecticut hit a bump, and more.

The Supreme Court rules favorably on two drug policy-related issues. (Wikimedia)
Marijuana Policy

California Assembly Passes Marijuana "Sanctuary" Bill. The Assembly has approved Assembly Bill 1578, which would prohibit state resources from being used to help enforce federal marijuana laws that conflict with state law. The bill from Assemblyman Reggie Jones-Sawyer (D-Los Angeles) now goes to the state Senate.

Connecticut Legalization Measure Still Stalled. The last-ditch effort to get legalization passed through the budget process broke down early Monday just minutes before a press conference announcing a compromise was to be announced. Rep. Melissa Ziobron (R-East Haddam) complained that she didn't see a copy of the legalization amendment until just minutes earlier, when she learned that Rep. Josh Elliot (D-Hamden) and other Democrats had been crafting the measure since last Friday. "This isn't about headlines. This isn't about a news conference," Ziobron said. "This is about what's good for the state of Connecticut, and doing it last-minute, doing it in a way that is not bipartisan, is very worrisome and should be for every single person in this state."

Nevada Republicans Kill Governor's Pot Tax Bill. A bill supported by Gov. Brian Sandoval (R) that would have imposed a 10% tax on recreational marijuana sales has been defeated in the Senate after Republicans refused to support it because of unrelated budget issues. The vote was 12-9 in favor, but because it was a budget bill, it needed a two-thirds majority, or 14 votes, to pass.

Medical Marijuana

Florida Governor Uses Line-Item Veto to Kill Medical Marijuana Research Projects. Gov. Rick Scott (R) used his line-item veto power to kill three line items that would have provided more than $3 million dollars to the Moffitt Cancer Center and the University of Florida for medical marijuana research. In his veto message, Scott wrote that the institutions had plenty of money to fund the research on their own.

Asset Forfeiture

Supreme Court Restricts Asset Forfeiture in Drug Cases. In a decision handed down Monday, the US Supreme Court has moved to restrict prosecutorial efforts to seize money or goods from drug defendants. In Honeycutt v. US, brothers Terry and Tony Honeycutt were convicted of selling methamphetamine precursor chemicals, and the feds then swooped in to seize $200,000 of the estimated $270,000 profits from the sales. But they then sought to seize the remaining $70,000 from Terry Honeycutt, who was only an employee at his brother's hardware store, and that crossed a line, the court said. "Congress did not authorize the government to confiscate substitute property from other defendants or coconspirators," Sotomayor said. "It authorized the government to confiscate assets only from the defendant who initially acquired the property and who bears responsibility for its dissipation."

Drug Testing

Supreme Court Refuses to Hear Appeal from Missouri Tech College That Wanted to Drug Test All Students. The US Supreme Court on Monday declined to hear an appeal from the State Technical College of Missouri of an appeals court ruling that its mandatory drug testing policy is unconstitutional when applied to all students. Lower courts had upheld mandatory suspicionless drug testing of only a handful of the school's disciplines where safety was a key element. "This case establishes -- once and for all -- that under the Fourth Amendment, every person has the right to be free from an unreasonable search and seizure, including college students," the ACLU, which filed the class-action lawsuit in 2011, said in a statement Monday.

Harm Reduction

California Assembly Passes Supervised Injection Sites Bill. The Assembly last Thursday approved Assembly Bill 186, which would allow for the provision of supervised drug consumption sites. The pioneering harm reduction measure sponsored by Assemblywoman Susan Talamantes Eggman (D-Stockton) now moves to the state Senate. "California is blazing a new trail toward a policy on drug addiction and abuse that treats it as the medical issue and public health challenge that it is, and not as a moral failing," said Talamantes Eggman. "We are in the midst of an epidemic, and this bill will grant us another tool to fight it -- to provide better access to services like treatment and counseling, to better protect public health and safety, and to save lives."

Drug War Issues

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