Marijuana -- Personal Use

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Chronicle AM:MJ State Govs Ask Feds to Stay Out, AZ Forfeiture Reform, More... (4/4/17):

The governors of the first four states to legalize marijuana have written to Washington asking to be left alone, decrim advances in Texas, asset forfeiture reform advances in Arizona, and more.

Marijuana Policy

Governors from Four Legal Marijuana States Ask to Be Left Alone. The governors of the first four states to legalize marijuana -- Alaska, Colorado, Oregon, and Washington -- sent a letter Monday to Attorney General Jeff Sessions and Treasury Secretary Steve Mnuchin asking them not to interfere in state-level legalization. The governors said legal weed could be safely regulated and that a federal crackdown "would divert existing marijuana product to the black market." They also asked the Treasury Department not to make it even more difficult to marijuana businesses to deal with banks than it already is.

Texas Decriminalization Bill Advances. The House Criminal Jurisprudence Committee voted 4-2 on Monday to advance House Bill 81, which would decriminalize the possession of up to an ounce of marijuana. The bill now heads to the House floor.

Medical Marijuana

West Virginia House Amends Medical Marijuana Bill. The state House on Monday amended the medical marijuana bill, Senate Bill 386, to bar its use in leaf form. Medicines from marijuana would have to be in patch, pill, or potion form. Opponents of the amendment said it drastically changed the nature of the bill already approved in the Senate and worried that the Senate would not accept the changes, leaving patients in the lurch for another year. The bill must now have a final House floor vote, and then any differences will have to either be approved by the Senate or settled in a joint conference committee.

Asset Forfeiture

Arizona Senate Passes Bill Taking on State, Federal Asset Forfeiture. The state Senate on Monday unanimously approved a bill to reform the state's civil asset forfeiture law, House Bill 2477. The bill raises the evidentiary standard for forfeiture from "a preponderance of the evidence" to "clear and convincing evidence," establishes stringent forfeiture reporting requirements, and bars prosecutors from handing cases off to the feds to get around state law. The bill now goes back to the House for a concurrence vote on Senate amendments and, if passed, then heads for the governor's desk.

Drug Testing

Maine Tests Few Welfare Recipients Under New Law. Since 2015, only 23 people have set off enough drug screening alarms to be tested under the state's welfare drug testing law. That's about 0.01% of welfare recipients in the state. Of those, 11 lost temporary cash assistance benefits after testing positive, while four more lost benefits for refusing to undergo the test. The Le Page administration blames Democrats, saying they limited drug screenings to people drug felonies, and is behind bills this year to expand drug screenings of cash assistance applicants, prohibiting food stamps for repeat drug offenders, and requiring treatment for first-time drug offenders.

Chronicle AM: Trump Signs Unemployment Drug Test Bill, WVA MedMJ Bill House Vote, More... (4/3/17)

President Trump signs a bill that will expand the drug testing of people seeking unemployment benefits, the West Virginia House is taking up medical marijuana, Colorado legislators have crafted a plan to deal with any federal attack on recreational marijuana, and more.

President Trump has signed a bill undoing Obama administration rules limiting unemployment drug testing. (Wikimedia)
Marijuana Policy

Colorado Bill Seeks to Avoid Thwart Possible Fed Crackdown by Classifying Legal Marijuana as Medical. In what the Associated Press called "the boldest attempt yet by a US marijuana state to avoid federal intervention in its weed market," the legislature is considering Senate Bill 17-192. The bill would allow retail marijuana licenses to be transferred into medical marijuana licenses. The measure has already passed out of the Senate Business, Labor, and Technology Committee and the Senate Finance committee and has a hearing before the Senate Appropriations Committee on Thursday.

Michigan Hash Bash Draws 10,000+. Ann Arbor's annual celebration of marijuana drew the largest crowd in years this past weekend, with more than 10,000 people showing up to light up and voice support for marijuana legalization. Michigan nearly became the first Midwest state to put legalization to a vote last year -- coming up just short on signature gathering -- and activists there are vowing to try again in 2018.

Kansas City Voters to Decide on Decriminalization Tomorrow. Residents of Kansas City, Missouri, will vote Tuesday on whether to approve the Question 5 decriminalization ordinance. Under the proposal, people 21 and over caught with less than an ounce would face no more than a $25 ticket.

Wichita Pot Defelonilization Initiative Campaign Getting Underway. Wichita activists hope the second time is the charm. A successful 2015 defelonization initiative was stuck down by the state Supreme Court on a technical issue. Now, the activists say they are preparing a new campaign to put the issue on the August municipal ballot. Under their proposal, small-time pot possessors would face a misdemeanor charge and a maximum $50 fine.

Medical Marijuana

Arkansas Governor Signs a Dozen Medical Marijuana Bills. Gov. Asa Hutchinson has signed into law a dozen bills aimed at regulating the state's voter-approved medical marijuana law. Bills that actually modified the law required a two-thirds majority in both houses of the legislature. For a complete list of the bills and what they do, click on the link.

West Virginia Medical Marijuana Bill Gets House Hearing Today. After a delay over the weekend at the request of House Judiciary Committee Chairman John Shott, the House is taking up the medical marijuana bill, Senate Bill 386, today. Shott was expected to introduce an amendment during today's hearing before a vote is taken.

Drug Testing

Trump Signs Unemployment Drug Testing Bill Into Law. President Trump last Friday signed into law a bill sponsored by Sen. Ted Cruz (R-TX) that will allow states to expand the pool of unemployment benefits applicants who can be drug tested. The bill undid an Obama administration rule that limited unemployment drug testing to professions where drug screenings are the norm. The bill passed Congress with no Democratic support in the Senate and only four Democrats in the House.

Harm Reduction

JAPA Issue Focuses on Naloxone. The March-April issue of the Journal of the American Pharmacists Association is devoted to the opioid overdose reversal drug naloxone. It contains nearly 30 letters, research reports and research notes on issues related to pharmacists and naloxone. The articles appear to be all open access, too. Click on the link to check 'em out.

Chronicle AM: DE Legalization Bill Filed, WV MedMJ Bill Fast Tracked, More... (3/31/17)

A marijuana legalization bill gets filed in Delaware, a medical marijuana bill gets fast tracked in West Virginia, a South African court rules to free the weed, the Argentine Senate okays CBD cannabis oil, and more.

It looks like West Virginia is about to hop on the medical marijuana bandwagon. (Creative Commons/Wikimedia)
Marijuana Policy

Delaware Lawmakers Filed Legalization Bill. State Rep. Helene Keeley (D-Dover) and cosponsors filed House Bill 110 on Thursday. The bill would legalize the possession of up to an ounce by adults 21 and over and to purchase it from state-regulated stores. The bill does not allow people to grow their own. It imposes a $50 an ounce tax on buds and a $15 an ounce tax on other parts of the plant. It now heads to the House Finance and Revenue Committee, which must hold a hearing within 12 days.

Medical Marijuana

Maryland Legislators Propose Using Marijuana to Treat Opioid Addiction. A House of Delegates committee has added "opioid use disorder" to the list of qualifying conditions for medical marijuana use. The bill was set to be heard by the House Friday.

West Virginia House Fast Tracks Medical Marijuana Bill. Less than a day after the Senate approved a full-fledged medical marijuana bill, Senate Bill 386, the House has put it on path to quick consideration. The bill passed the Senate Wednesday, and on Thursday, the House voted to allow the bill to skip consideration by committees there and proceed directly to House floor debate. The move came in response to constituent pressure. "Like every member of this body, I can't count the number of emails and phone calls I received on this subject today," said Del. Mike Pushkin, D-Kanawha.

New Psychoactive Substances

Federal Bill Would Add New "Designer Drugs" to CSA's Schedule I. US Rep. Charles Dent (R-PA) has filed House Resolution 1732, the Synthetic Drug Control Act of 2017. It adds dozens of substances to Schedule I of the Controlled Substance Act, including phenylalkylamines, cannabimimetic agents, arylcyclohexamines, tryptamines, benzodiazepines, benzylpiperidines, piperazines, and opioids and opioid-like substances. The bill has been referred to the House Judiciary and House Energy and Commerce committees.

Law Enforcement

Federal Bill Would Create Program to Divert Low-Level Drug Offenders. US Rep. Sean Maloney (D-NY has filed House Resolution 1763, the Keeping Communities Safe Through Treatment Act of 2017. The bill directs the Justice Department to create a pilot program to provide grants to localities to divert people with low-level drug offenses into treatment programs before they are booked. It has been referred to the House Judiciary Committee.

International

Argentine Senate Approves CBD Cannabis Oil Bill. The Senate on Wednesday gave final legislative approval to a bill allowing the use of CBD cannabis oil for medical reasons and setting up a regulatory framework for state-run cultivation, processing, and distribution. Until the state-run system is up and running, CBD imports will be allowed.

South Africa High Court Rules Adults Can Possess Marijuana at Home. The Western Cape High Court ruled on Friday that it's legal for adults to use, possess, and grow marijuana at home. The court also ruled that sections of the Drug Trafficking act and the Medicines Control Act must be amended to comply with the decision. The decision isn't final yet, though -- it must be confirmed by the Constitutional Court.

Chronicle AM: Federal Marijuana Reform Bills Filed Today, DEA Scorched on Seizures, More... (3/30/17)

The Congressional Cannabis Caucus is getting down to business, yet another poll shows strong (and increasing) support for marijuana legalization, Trump names an acting drug czar, a California safe injection site bill is moving, and more.

The DOJ's inspector general is not impressed with DEA asset forfeiture practices. (dea.gov)
Marijuana Policy

New General Social Survey Poll Shows Jump in Support for Legalization. Support for marijuana legalization surged last year, according to new data released by the General Social Survey. The poll has support for legalization at 57% in 2016, up five points from 2014.

Package of Federal Marijuana Reform Bills, Including Legalization, Filed Today. The Congressional Cannabis Caucus flexed its muscles Thursday as members of Congress filed a package of bills aimed at creating a "path to marijuana reform" at the federal level and protecting and preserving marijuana laws in states where it is legal. Two Oregon politicians, Sen. Ron Wyden (D) and Rep. Earl Blumenauer (D) led the charge, announcing a bipartisan package of three bills, including a marijuana legalization bill reintroduced by Rep. Jared Polis (D-CO), as well as a pair of bills aimed at cleaning up "collateral issues" such as taxes, regulation, banking, asset forfeiture, descheduling, research, and protection for individuals. Click on the link to read our feature story and see more about the bills.

Vermont Legalization Bill Hits Snag. The effort to legalize marijuana took a detour Tuesday when the House leadership indefinitely postponed a vote on House Bill 170 after it became apparent it didn't have enough votes to pass. The bill isn't dead, but it has now been sent to the House Human Services Committee, where it will sit until the leadership thinks it has come up with enough votes to pass.

Medical Marijuana

Arkansas Senate Approves Medical Marijuana Tax Bill. The Senate voted 31-1 Wednesday to approve House Bill 1580, which would impose a 4% tax on medical marijuana at each transaction. The tax would be levied on growers' sales to dispensaries and again on dispensaries' sales to individuals. The tax would sunset in 2019 after raising an estimated $3.6 million. The bill had already passed the House, but was sent back there for a concurrence vote after amendments were added in the Senate.

Colorado Legislators Vote to Rein In Medical Marijuana Home Grows. The state Senate voted unanimously Wednesday to approve House Bill 17-1220, which would limit the number of medical marijuana plants grown at a single residence to 12. Under current law, up to 99 plants are allowed. The bill now heads to the governor's desk.

West Virginia Senate Approves Medical Marijuana Bill. The state Senate voted Wednesday night to approve Senate Bill 386, which would allow for the use of medical marijuana for specified medical conditions. The bill now heads to the House of Delegates.

Asset Forfeiture

Justice Department Report Scorches DEA Over Asset Forfeitures. The Justice Department inspector general's office has released a report on DEA cash and asset seizure practices that warns the way DEA operates may pose a risk to civil liberties. The report noted that most seizures result from direct observation by DEA agents or local police, leading to concerns about the potential for racial profiling. The report examined a hundred asset forfeiture cases, and found that fewer than half advanced ongoing investigations. "When seizure and administrative forfeitures do not ultimately advance an investigation or prosecution, law enforcement creates the appearance, and risks the reality, that it is more interested in seizing and forfeiting cash than advancing an investigation or prosecution," the report said.

Drug Policy

Trump Nominates Richard Baum as Acting Drug Czar. The president has nominated Office of National Drug Control Policy (ONDCP -- the drug czar's office) veteran and Georgetown University adjunct professor Richard Baum to be acting drug czar. While some of Baum's remarks over the years have drawn controversy, he is generally viewed by insiders as having a public policy approach as opposed to a drug warrior approach.

Harm Reduction

California Bill to Allow Supervised Injection Sites Advances. A bill that would create a five-year exemption from the state's drug laws to allow for the operation of supervised injection facilities advanced in the Assembly last week. The Assembly Health Committee voted 9-4 to approve Assembly Bill 186. The bill now goes to the Assembly Public Safety Committee.

Bills Filed in DC Today Are "Path to Marijuana Reform" [FEATURE]

This article was published in collaboration with AlterNet and first appeared here.

The Congressional Cannabis Caucus flexed its muscles Thursday as members of Congress filed a package of bills aimed at creating a "path to marijuana reform" at the federal level and protecting and preserving marijuana laws in states where it is legal.

Two Oregon politicians, Sen. Ron Wyden (D) and Rep. Earl Blumenauer (D) led the charge, announcing a bipartisan package of three bills, including a marijuana legalization bill reintroduced by Rep. Jared Polis (D-CO), as well as a pair of bills aimed at cleaning up "collateral issues" such as taxes, regulation, banking, asset forfeiture, descheduling, research, and protection for individuals.

"The federal government must respect the decision Oregonians made at the polls and allow law-abiding marijuana businesses to go to the bank just like any other legal business," Wyden said in a statement. "This three-step approach will spur job growth and boost our economy all while ensuring the industry is being held to a fair standard."

The three bills in the package have not yet been assigned bill numbers, but are:

The Marijuana Revenue and Regulation Act (Regulate Marijuana Like Alcohol Act) -- Remove marijuana from the Controlled Substances Act; impose an excise tax regime on marijuana products; allow for the permitting for marijuana businesses; and regulate marijuana in a manner similar to alcohol.

The Small Business Tax Equity Act -- Create an exception to Internal Revenue Code section 280E that would allow businesses compliant with state laws to claim deductions and credits associated with the sale of marijuana. Currently, under 280E, people and businesses cannot claim deductions or credits for the sale of Schedule I or Schedule II substances. Sen. Rand Paul, R-Kentucky, is a cosponsor of Wyden's Senate bill and Rep. Carlos Curbelo, R-Florida, is sponsoring companion legislation in the House.

Responsibly Addressing the Marijuana Policy Gap Act -- Remove federal penalties and civil asset forfeiture for individuals and businesses complying with state law; ensure access to banking, bankruptcy protection, research and advertising; expunge the criminal records for certain marijuana-related offenses; end requirement for residents of marijuana-legal states to take a marijuana drug test for positions in the federal civil service; and ease barriers for medical marijuana research.

Congressional Cannabis Caucus member Rep. Earl Blumenauer (D-OR) (wikimedia)
The three-bill package is just the latest pot law reform effort in Congress this year. At least five other bills have already been filed, and lawmakers are also planning to reintroduce the Rohrabacher-Blumenauer amendment, which blocked the Justice Department from funding enforcement efforts against state-legal medical marijuana programs, and the McClintock-Polis amendment, which would similarly block enforcement against state-legal adult use programs. That later amendment came up just eight votes short last year.

The moves come against a backdrop of increasing acceptance of marijuana and marijuana legalization. Twenty-nine states now allow marijuana for qualified patients and eight states and the District of Columbia have legalized adult use. Public opinion polls now consistently show pot legalization with majority support; the latest came this week when the General Social Survey pegged support for legalization at 57% in 2016, up five points from just two years earlier.

Groups supporting marijuana legalization pronounced themselves pleased.

"The first time introduction of this particular piece of legislation in the US Senate is another sign that the growing public support for ending our failed war on cannabis consumers nationwide is continuing to translate into political support amongst federal officials," said NORML Executive Director Erik Altieri, "With marijuana legalization being supported by 60% of all Americans while Congress' approval rating is in the low teens, ending our country's disastrous prohibition against marijuana would not just be good policy, but good politics."

Congressional Cannabis Caucus member Rep. Jared Polis (D-CO)
"This is commonsense legislation that will eliminate the growing tension between federal and state marijuana laws," Robert Capecchi, director of federal policies for the Marijuana Policy Project, said in a statement. "Voters and legislatures are rolling back antiquated state marijuana prohibition policies, and it's time for Congress to step up at the federal level. States are adopting laws designed to improve public safety by replacing the illegal marijuana market with a tightly regulated system of production and sales. The federal government should be working to facilitate that transition, not hinder it."

"If we are truly going to move our nation towards sensible marijuana policies, the removal of marijuana from the Controlled Substances Act is paramount. Annually, 600,000 Americans are arrested for nothing more than the possession of small amounts of marijuana and now is the time for Congress to once and for all end put an end to the national embarrassment that is cannabis prohibition," said Justin Strekal, NORML Political Director. "Passing this legislation would end the current conflict between state and federal laws and allow the states to implement more sensible and humane marijuana policies, free from the threat of federal incursion."

Not everybody was happy. Former White House drug policy advisor Kevin Sabet, who now heads the anti-legalization Smart Approaches to Marijuana, told The Cannabist that more marijuana legalization would have negative consequences.

"While we don't want to see folks locked up or given criminal records for smoking pot, we support federal laws against marijuana," Sabet wrote in an e-mail. "We need to end, not expand the special interest big marijuana lobby. We can't ignore the fact that today's legalized marijuana -- and the accompanying industry -- is damaging to public health. States that have legalized marijuana continue to see a black market for the drug, increased rates of youth drug use, continued high rates of alcohol sales and interstate trafficking."

But Sabet's is an increasingly lonely voice in the wilderness.

Chronicle AM: GA CBD Bill Advances, SD MedMJ & Legalization Inits Pass Hurdle, More... (3/29/17)

South Dakota activists hope the third time's the charm when it comes to medical marijuana initiatives, a Georgia CBD expansion bill advances, the Oklahoma Supreme Court slaps down former Attorney General (now EPA head) Scott Pruitt over medical marijuana ballot language, and more.

Will South Dakota ever approve medical marijuana? Voters could have another chance in 2018. (Flickr)
Marijuana Policy

South Dakota Marijuana Legalization, Medical Marijuana Initiatives Get Attorney General Approval. State Attorney General Marty Jackley (R) has provided required attorney general explanations for two proposed initiatives. A marijuana legalization initiative would allow the possession of up to an ounce and the cultivation of up to five plants, as well as taxed and regulated marijuana commerce, while a medical marijuana initiative would allow patients to possess up to three ounces and grow a minimum of six plants. The initiatives are now ready for signature gathering and both need 13,871 valid voter signatures to qualify for the November 2018 ballot.

Medical Marijuana

Restrictive Florida Medical Marijuana Bill Advances. While a half-dozen competing measures aim to address the state's voter-approved medical marijuana system, the most restrictive measure advanced in the House on Tuesday. House Bill 1397 would limit growers to the seven currently permitted and bans smoking, vaping, and edibles. It moved out of the Health Quality Subcommittee on a 14-1 vote, but faces two more committee votes before heading for the House floor. None of the five Senate bills addressing medical marijuana have yet had a hearing.

Georgia CBD Cannabis Oil Bill Clears House. The House voted 167-4 Tuesday to approve Senate Bill 16, which would add six new qualifying conditions for the use of cannabis oil, including autism, AIDS, Tourette's Syndrome, and Alzheimer's. The state Senate approved the bill last month.

Oklahoma Supreme Court Says Former Attorney General Wrongly Changed Initiative Ballot Question Wording. Former state Attorney General Scott Pruitt (R), now head of the federal Environmental Protection Agency, changed the ballot title for a medical marijuana initiative in a way that would mislead voters. The original ballot question read: "A yes vote legalizes the licensed use, sale, and growth of marijuana in Oklahoma for medicinal purposes," but Pruitt changed that to: "This measure legalizes the licensed use, sale, and growth of marijuana in Oklahoma. There are no qualifying medical conditions identified." Now, the original language for the 2018 initiative has been restored.

Asset Forfeiture

Iowa Senate Approves Civil Asset Forfeiture Reform. The state Senate on Tuesday approved Senate File 446, which would bar the seizure of property valued at less than $5,000 unless there was a prior criminal conviction. The measure also increases the standard of proof required for asset forfeiture from "a preponderance of the evidence" to "clear and convincing evidence." The bill is now in the House, where it must advance by a committee this week to survive.

Law Enforcement

Arizona Senator, Congresswoman File Federal Bill to Increase Penalties for Border "Spotters." US Sen. John McCain (R-AZ) and Rep. Martha McSally (R-AZ) have introduced the "Transnational Criminal Organization Illicit Spotter Prevention and Elimination Act," which would toughen penalties on "spotters" who warn drug and human smugglers about the position of Border Patrol surveillance or officers. The bill would subject such people to up to 10 years in federal prison. The bill is not yet available on the congressional web site.

Chronicle AM: American College of Physicians Says Addiction Not a Moral Failing, More... (3/28/17)

A leading doctors' group comes out for a progressive approach to opioid addiction, new research suggests medical marijuana can reduce opioid-related emergencies and overdoses, the Tennessee legislature slaps down pot decriminalization in Memphis and Nashville, and more.

The ACP sees an opioid crisis and has some progressive approaches. (Creative Commons/Wikimedia)
Marijuana Policy

Tennessee Bill to Block Municipal Decriminalization Passes Legislature. After the state's two largest cities, Memphis and Nashville, passed municipal marijuana decriminalization ordinances, the legislature has struck back. The Senate on Monday approved House Bill 173, which bars cities in the state from crafting marijuana penalties lesser than state law. The measure passed the House last week and now head's for the governor's desk.

Medical Marijuana

Legalized Marijuana Could Help Curb the Opioid Epidemic, Study Finds. A new study reported in the journal Drug and Alcohol Dependence finds that in states with medical marijuana, hospitalization rates for opioid pain pill dependence and abuse dropped by nearly a quarter (23%), while opioid overdose rates dropped by 13%. Researchers had expected to see an increase in marijuana-related visits. "Instead, medical marijuana laws may have reduced hospitalizations related to opioid pain relievers," said study author Yuyan Shi, a public health professor at the University of California, San Diego.

Maine Bill Would Make Medical Marijuana Users Eligible for Organ Transplants. Legislators heard powerful testimony from patients removed from life-saving organ transplant lists because they used marijuana as they considered Legislative Document 764 Monday. The bill would targets the Maine Medical Center, the only transplant center in the state, whose transplant policy states that "use of prescribed or recreational marijuana by any route of administration is absolutely prohibited." No vote was taken, and the bill is scheduled for more hearings next month.

Heroin and Prescription Opioids

American College of Physicians Calls for Opioid Addiction to Be Treated as Chronic Condition, Not Moral Failing. In a position paper in the Annals of Internal Medicine, the American College of Physicians released a comprehensive set of public policy recommendations for the prevention and treatment of substance use disorders that calls for treating addiction as a treatable chronic condition, not a moral failing or criminal activity. The guidelines call for expanded access to the overdose reversal drug naloxone and opioid maintenance therapies, as well as urging physicians to avoid opioids as first-line treatments for most chronic pain and to limit opioids for acute pain to the lowest possible dose for the shortest possible time. And they suggest that it is time to consider drug decriminalization or legalization: "Stakeholders should assess the risks and benefits of removing or reducing criminal penalties for nonviolent offenses involving illicit drugs."

Chronicle AM: Canada Legalization mid-2018?, Christie Named "Drug Commissioner," More... (3/27/17)

Canada says it will legalize marijuana by July 1, 2018; Chris Christie will be named White House "drug commissioner," Illinoisans are ready to legalize weed, and more.

Marijuana Policy

Illinois Poll Has Strong Support for Marijuana Legalization. A new Paul Simon Public Policy Institute poll has support for marijuana legalization at 66% if it is taxed and regulated like alcohol. The poll comes days after legislators filed a marijuana legalization bill, House Bill 2353.

Michigan Legalizers Release 2018 Initiative Draft. Backed by the Marijuana Policy Project, the Michigan Coalition to Regulate Marijuana Like Alcohol has released the latest draft of the cannabis legalization initiative the group hopes to put to voters in November 2018. Under the draft, adults would be able to possess up to 2.5 ounces of pot and grow up to 12 plants, and marijuana commerce would be taxed and regulated. An initiative campaign last year came up just short in signature gathering.

Nevada Bill Would Allow Medical Marijuana Dispensaries to Sell Recreational Weed. State Sen. Tick Segerblom (D-Las Vegas) and Assemblyman Steve Yeager (D-Las Vegas) rolled out Senate Bill 302 last Friday. The bill would allow for an early start to recreational marijuana sales by allowing existing dispensaries to sell to non-patients before the January 1, 2018 deadline set in last fall's voter-approved ballot initiative. The move is aimed at stamping out the black market and allowing the state to get tax revenues. A similar move is afoot at the state Department of Taxation.

Heroin and Prescription Opioids

Maryland Democrats File Pair of Heroin Bills. Some three dozen Democratic General Assembly members gathered last Friday to announce a pair of bills aimed at fighting rising heroin overdoses in the state. Senate Bill 1060, the Start Talking Maryland Act, would require drug education programs to address the high lethality of fentanyl and colleges that teach medical providers to include addiction treatment education. Senate Bill 967, the Heroin and Opiate Prevention Effort (HOPE) and Treatment Act, would require the Department of Health and Mental Hygiene to establish 10 heroin crisis centers around the state, as well as easing access to buprenorphine and naloxone.

Asset Forfeiture

Idaho Legislature Gives Final Approval to Asset Forfeiture Reform Bill. The House last Friday gave final approval to House Bill 172, which would limit civil asset forfeiture to cases involving drug trafficking -- not simple possession -- and would clarify that simply being in possession of large amounts of cash is not evidence drug trafficking. The House had approved the bill earlier, but had to have a final concurrence vote after amendments were added in the Senate. The bill now goes to the governor's desk.

New Mexico Bill That Would Have Directed Seized Funds to Cops Dies. A bill that would have diverted seized assets from the state general fund and given them to law enforcement agencies handling the cases has died in the House, and the cops are unhappy. Senate Bill 202 had passed the Senate unanimously, but couldn't get out of the House Judiciary Committee. "I'm utterly disgusted," said Pecos Valley Drug Task Force Commander James McCormick. "That's just takes away another avenue we have to thwart drug dealing. The money we used to get, we don't have any more."

Drug Policy

Jared Kushner's White House "SWAT Team" Will Include Chris Christie as Drug Commission Chair. The White House "SWAT team" to be led by presidential son-in-law Jared Kushner and aimed at streamlining policy-making will include an official drug commission to be chaired by New Jersey Gov. Chris Christie (R). The commission will emphasis combating opioid abuse, a favorite theme for Trump.

Law Enforcement

New Hampshire Senate Approves Funding More Troopers to Fight Cross-Border Drugs. The state Senate voted overwhelmingly last Thursday to spend nearly $4.5 million over the next two years to hire five new state troopers to wage war on the state's opioid epidemic by targeting traffic from Massachusetts, expand the "Granite Hammer" program counts to local law enforcement, and pay for overtime for specialized enforcement units such as the State Police and Narcotics Investigation Unit. The measure, Senate Bill 131, is now headed for the House, where it is expected to pass.

NYPD Cop Who Killed Ramarley Graham Quits. Graham, 18, was shot and killed in 2012 by Officer Richard Haste after he fled into his own apartment bathroom and was trying to flush a small amount of marijuana down a toilet. Haste avoided criminal charges for the killing, but a departmental trial found him guilty of violating department policies and he was facing firing when he decided to turn in his badge and gun.

International

Canada Will Legalize Marijuana By July 1, 2018. The governing Liberals will announce legislation next month to legalize marijuana, with the new law set to go into effect on Canada Day -- July1 -- next year. The legislation will set 18 as the age limit for legal use and set up a legal, regulated, and taxed system of marijuana commerce. People who want to grow their own will be limited to four plants. [Update: The government's point man on legalization has called this date "highly speculative." Hat tip: Marijuana Moment.]

Legal Marijuana: The Sky is (Probably) Not Falling [FEATURE]

This article was produced in collaboration with AlterNet and first appeared here.

Barrels of ink have been spilled over the prospect that the Trump administration could attempt to turn back the clock when it comes to legal marijuana, but for all the wailing and gnashing of teeth out there, marijuana industry insiders, advocates, and activists don't seem all that worried.

Jeff Sessions loathes marijuana, but is going after it the best use of DOJ resources? (senate.gov)
"I don't think there's any more reason to be scared than to be hopeful at this point," said Mason Tvert, Denver-based communications director for the Marijuana Policy Project. "The administration has not changed its marijuana policy, and there is reason to believe it may maintain the existing policy or adopt a similar one that respects states' laws regulating marijuana."

"Marijuana is one of the least of my concerns with the Trump administration," said Dale Gieringer, coauthor of the pioneering 1996 Prop 215 medical marijuana initiative and long-time head of California NORML. "That's the first time I've been able to say that, but I just don’t see where there's any percentage in them going after marijuana. The polls are on our side, and they can't enforce the law."

The industry, too, seems to think that there's not really that much to fear from the Trump administration.

"We are in a posture of cautious optimism," said Taylor West, communications director for the National Cannabis Industry Association (NCIA). "We're definitely not taking anything for granted -- it's quite clear that Sessions has really strong personal opposition to the industry -- but we are encouraged by the intense pushback, not just from the industry, but from elected officials, regulators, and lawmakers from both sides of the aisle. That is probably the most powerful signal to the Justice Department that dramatic changes to current policy would cause them a lot of problems."

West pointed to the strong reaction from state officials in marijuana-legal and medical marijuana states, as well as support from federal lawmakers and not just Democrats. She cited Nevada US Sen. Dean Heller as an example of a Republican lawmaker siding with the industry over the administration.

"They are speaking up because the industry and individual businesses and consumers have spoken up as their constituents and taught them about the industry and what we stand far and why we deserve respect from the federal government," she said.

And the marijuana money people appear largely unperturbed, too. In a report released Thursday, Arcview Market Research projected that the industry is going to continue to boom regardless of what happens in Washington, with revenues of nearly $7 billion this year and an astounding projected annual growth rate of 27% through 2021.

"While the uncertainty created by the mixed signals coming out of the administration may cause a temporary dip in some valuations of cannabis companies and some more risk-averse institutional investors and multinational companies may continue to stay on the sidelines, it won't impact the growth of the market much at all," said Troy Dayton, CEO of Arcview Market Research. "No matter what the administration does, states will continue to issue cannabis licenses to a long line of applicants and licensed cannabis outlets will continue to have long lines of consumers ready to purchase this product from regulated establishments."

Maintaining the Status Quo

Legal marijuana could be a $7 billion industry by 2021. (Creative Commons/Wikimedia)
Medical marijuana is now legal in more than half the states and adult recreational use is legal in eight, including the entire West Coast. Some early enforcement actions notwithstanding, the Obama administration largely turned a blind eye to state-legal but federally-illegal marijuana. The Obama Justice Department adhered to the Cole memorandum, a 2013 "guidance" to federal prosecutors that essentially limited them to going only after legal marijuana operations that crossed specified lines: selling to minors, diverting product to non-legal states, being involved in violence or other trafficking, and the like.

Medical marijuana states at least are also protected by the Rohrabacher-Farr amendment, which bars the Justice Department from using federal funds to go after state-compliant medical marijuana operations. A similar measure, the McClintock-Hollis amendment, would have extended that same shield to the adult-legal states, but came up just short in the last Congress. Both amendments will be offered again this year.

"Jeff Sessions doesn't like marijuana -- that much is clear -- but that's not the question," MPP's Tvert argued. "The question is whether he believes limited federal resources should be used to interfere in state marijuana laws. As of right now, there's no reason to believe that's the case."

Tvert pointed to Sessions' seeming acceptance of the Cole memo, as well as a memo Sessions sent to federal prosecutors last month telling them to go after "the worst of the worst" and violent crime.

"State licensed and regulate marijuana businesses are by no means violent or the 'worst of the worst,'" Tvert noted. "They want to go after cartels and violent criminals and focus on serious crime, so why force marijuana back into the underground market?"

"President Trump said states should be able to determine own marijuana policies, and he also had strong support for legal access to medical marijuana, and we haven't heard anything new from him on it," said Tvert. "But again, it's not a question of the president's personal views, but of what the federal laws are and the realities of enforcement. Sessions has said on multiple occasions that the federal government cannot effectively enforce federal prohibition in states where it is legal."

The view was not quite as sanguine from Washington, DC, where national NORML has its offices.

"As far as the industry goes, even the threat of a crackdown by the Justice Department has a chilling effect," said Justin Strekal, NORML political director and lobbyist. "While medical marijuana is protected under Farr-Rohrabacher, the adult use economy has no such protections -- at least for now."

"The Cole memo is just a piece of paper," Strekal said, "and there is nothing stopping Sessions from just throwing it away, as the Heritage Foundation has called for him to do. But the Justice Department has no way to force states to recriminalize marijuana in decrim or legal states. The worst case would be that the adult use states are rolled back to a situation where there is no way to have a legal distribution system, but local law enforcement is not going to be enforcing federal marijuana prohibition."

Where apprehension about the direction of Trump administration pot policy is having a real impact right now is in causing politicians to think twice about legalization in states that are considering it, Strekal said.

"We're hearing feedback from legislators in Connecticut and Maryland saying that the attorney general's comments are acting as a road block, while in Georgia, we just saw a defelonization bill defeated. The mere presence of a Reefer Madness-era Jeff Sessions is frightening off potential supporters of ending prohibition."

Still, Bad Things Could Happen

If Congress blocks funding, DEA can't go after legal marijuana (sort of). (justice.gov/dea)
While an oppositional Trump administration may retard the expansion of legal marijuana in the states, the status quo of a fifth of the country living under legalization and more than half with access to medical marijuana appears unlikely to be rolled-back. But that doesn't necessarily mean a free ride for legal weed.

"There could be some sort of federal action against some adult use facility or grower or cultivation company whose product is found to have gone across state lines in quantity, or something like that," CANORML's Gieringer offered. "Like if you have a situation where Nebraska complains, maybe that could stir up pressure in the Justice Department. But that's the most I expect. I could be wrong, though."

"Since Colorado started its licensing program, there's always been a fear that the Justice Department would just bring a lawsuit saying the state is participating in an ongoing conspiracy to distribute a Schedule I drug," Gieringer observed. "They had their chance and they didn't do it. If they tried it now, they will have taken away hundreds of millions of dollars from Colorado and potentially billions from other states and leave anarchy. They can't enforce the marijuana laws anyway; it's a drain on federal resources to even try."

"A federal injection is a potential threat, but it was a potential threat six months ago, too," said MPP's Tvert. "It's still a question of resources. If that were to happen, marijuana would continue to be legal, but the federal government would be preventing states from controlling its production and sale. That would be a real serious problem."

But Tvert warned that the heavy hand of the federal government could still reach out and slap someone down.

"Sean Spicer said they would have greater enforcement, and that could mean anything," he said. "They could be planning to more rigorously enforce the laws against people not in compliance with state laws, there could be more enforcement against illegal actors, they could push states to strengthen their regulations to prevent interstate trafficking. They perhaps could encourage states to increase funding to law enforcement to investigate illegal activity. There is plenty they could do without interfering with the legal market."

The Fightback Against Rollback Will Only Grow Stronger

The advent of a potential hostile Trump administration isn't changing the way NORML does business, Strekal said.

"We're continuing to do what we've always done and act as a grassroots consumer advocacy group," he explained. "We have 150 chapters and we're engaging as an advocacy group at every level of government from city councils to state legislatures to the federal government. At the federal level, we're very encouraged by the formation of the congressional cannabis caucus. We've been working with them to host a few events."

"This moment in time, where there is a lot of uncertainty at the federal level, is the kind of moment the NCIA was created for," said West. "We've been building relationships and allies in DC around industry issues, so when we need those allies, we have them."

Like MPP, the NCIA has a full-time staff lobbyist in Washington. It also works with another DC-based lobbying firm to work the Hill, and with legislators and elected officials.

"You've been able to see, through our work and the work of others, a very strong pushback from people who previously wouldn't have been in favor of the marijuana industry," West said. "The federal government can try to enforce marijuana prohibition in states where it is legal, but it doesn't really have the personnel to do that without the full cooperation of state and local law enforcement. If states are resisting that crackdown, which elected officials have said they would do, it becomes very difficult, if not impossible."

Legal marijuana is on guard, but it's not running away from a fight. The question for the Trump administration becomes whether this is a fight worth fighting.

Chronicle AM: AZ Init Would Legalize All Drugs, DE Legal MJ Bill Coming, More... (3/24/17)

An Arizona initiative would legalize all drugs, Delaware will see a marijuana legalization bill this year, a West Virginia medical marijuana bill advances, and more.

A Spanish court has refused to convict a man of drug trafficking for importing coca leaf. (YouTube)
Marijuana Policy

Arkansas Attorney General Rejects Marijuana Legalization Initiative Proposal. Attorney General Leslie Rutledge has rejected a proposed marijuana legalization initiative, saying the ballot title is ambiguous and that "a number of changes or additions" are needed "to more fully and correctly summarize" the proposal. The initiative came from Larry Morris of West Fork and would allow for the possession, cultivation, production, distribution, and sale of marijuana in the state.

Delaware Legalization Bill Coming. State Sen. Margaret Rose-Henry (D-Wilmington) is preparing a marijuana legalization bill that she says has support from law enforcement. "Law enforcement wants this bill. I'm pleased to tell you that there are police officers who think this is a good thing that we are going to reduce their having to arrest people who don't need to be arrested," said Rose-Henry. She is currently putting the finishing touches on the bill, she said.

Tennessee House Approves Bill to Undo Nashville's Decriminalization. The House on Thursday approved a bill that would take away Nashville's ability to issue civil citations for small amounts of marijuana instead of arresting people for it. House Bill 173 passed the House 65-28 and now goes to the Senate.

Medical Marijuana

Arkansas Senate Passes Two Medical Marijuana "Fix" Bills. The state Senate on Thursday approved two bills aimed at modifying the state's voter-approved medical marijuana law. The Senate approved House Bill 1400, which would ban the smoking of marijuana anywhere tobacco smoking is banned. That bill now goes to the governor's desk. The Senate also approved Senate Bill 721, which would require dispensaries to appoint a pharmacist director who would be available for consultations with patients during hours the dispensary is open. That bill now heads to the House.

Colorado Patient Plant Limit Rises to 24 as Bill Advances. A bill aimed at limiting marijuana home grows has been amended -- again -- in the House Judiciary Committee. In a Wednesday vote, the committee approved raising the plant limit under House Bill 1220 to 24 plants. The bill had originally set the number at 12, but lawmakers then upped the count to 16, and now 24 -- if patients register with the state. The bill now heads for a House floor vote.

West Virginia Medical Marijuana Bill Advances. The Senate Health and Human Resources Committee voted Friday to approve Senate Bill 386, the West Virginia Medical Cannabis Act. The bill would create a system of regulated cultivation sites and dispensaries and allow the use of medical marijuana by persons suffering from a list of qualifying conditions. The bill now heads to the Senate Judiciary Committee.

Industrial Hemp

West Virginia Hemp Bills Head for Floor Votes. Both the House and the Senate sent hemp-related measures to floor votes in their respective chambers Wednesday. The Senate Agriculture Committee advanced Senate Resolution 35, which calls on Congress to distinguish between hemp and marijuana by THC threshold. Meanwhile, the House Judiciary Committee advanced House Bill 2453, which would allow the state agriculture commissioner discretion to issue commercial hemp production licenses.

Drug Policy

Arizona Groups Files Initiatives to Legalize Marijuana, All Drugs. An organization called RAD Final has filed a pair of initiatives relating to drug policy. Initiative I-13-2018 would legalize all drugs and forbid government from taxing or regulating them, while I-14-2018 would legalize marijuana alone. Initiative organizers would have to gather 150,642 valid voter signatures for each initiative by July 2018 to qualify for the 2018 ballot.

Drug Testing

West Virginia Employee Drug Testing Bill Advances. A bill that would let employers require employees to undergo suspicionless drug tests passed the House of Delegates on Thursday. House Bill 2857. The bill now goes to the Senate.

International

Spanish Court Acquits Man of Importing Coca Leaf. The provincial court of Girona has acquitted a Colombian man of drug trafficking charges for importing coca leaf. The decision came after the defense presented evidence and testimony about the historical, cultural, social and medicinal value of the coca leaf.

Drug War Issues

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