Marijuana -- Personal Use

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Chronicle AM: NM Senate on MedMJ & Harm Reduction; Iowa Students Win Speech Case, More... (2/14/17)

Medical marijuana and harm reduction measures advance in New Mexico, a police drug field test kit maker is being sued by a Florida man busted for the glaze on his Krispy Kreme donuts, Idaho considers ending mandatory minimums for drug offenses, and more.

The New Mexico Senate has approved a pair of measures aimed at reducing overdose deaths. (Creative Commons/Wikimedia)
Marijuana Policy

Virginia Lieutenant Governor Calls for Decriminalization. Lt. Gov. Ralph Northum (D) called Monday for the decriminalization of small amounts of marijuana, saying enforcement is costly and aimed disproportionately at African-Americans. The move comes weeks after Senate Majority Leader Thomas Norment (R-James City) requested that the Virginia Crime Commission study the issue. That move froze pending decriminalization legislation sponsored by Sen. Adam Ebbin (D-Alexandria).

Washington State Bill Would Repeal Legalization. Rep. Brad Klippert (R-Kenniwick) has filed House Bill 2096, which would repeal "all laws legalizing the use, possession, sale, or production of marijuana and marijuana-related products." The bill has been referred to the House Committee on Commerce and Gaming.

Wyoming Senate Committee Scales Back Marijuana Sentencing Reforms. The Senate Judiciary Committee voted to amend House Bill 197, weakening proposed sentencing reforms by doubling the period during which previous convictions would result in a longer sentence from five years to 10 years. More importantly, the amendment removes the plant form of marijuana from the bill completely, meaning the new tiered sentencing system would apply only to edibles.

Medical Marijuana

New Mexico Senate Passes Medical Marijuana Expansion Bill. The Senate voted 29-11 Monday to approve Senate Bill 177, which would expand the state's program by increasing the amount of marijuana patients may possess to five ounces and increasing the number of plants commercial providers can grow. The bill now goes to the House.

Drug Policy

Idaho Bills Would Alter State's Drug Laws. The House Judiciary and Rules Committee voted Monday to introduce a package of three bills that would reform the state's harsh drug laws. One bill would end mandatory minimum sentences for drug offenses and another would bar the seizure of vehicles for simple drug possession and require that property found near drugs be seized only if it is meaningfully connected to the crime. The third bill, however, is a step in the opposite direction -- it would allow heroin sellers to be charged with murder in the event of fatal overdoses.

Drug Testing

Florida Field Drug Test Kit Company Sued By Man Jailed for Possessing Donut Glaze. A Florida man is suing the police field drug test kit manufacturer Safariland LLC after an Orlando police officer using one of its field kits charged him with possessing methamphetamine although the substance being tested was actually the glaze from a Krispy Kreme donut. The drug test is either ineffective or unreliable, Daniel Rushing charges in his lawsuit, twice registering a positive result for meth and resulting in his false arrest and imprisonment before felony charges were dropped.

First Amendment

Federal Appeals Court Upholds Student Drug Legalization Group's Free Speech Rights. The 8th US Circuit Court of Appeals ruled Monday that Iowa State University cannot bar a student group from using the university's logo and mascot on t-shirts calling for the legalization of marijuana. Iowa State NORML had sued in 2014 after the university first gave its okay, but then refused permission after pressure from high-ranking state officials, including the governor's office. Instead, the university suddenly changed its guidelines, with new rules prohibiting designs "that suggest promotion of dangerous, illegal, or unhealthy products." Last year a federal district court filed an injunction prohibiting the school from using its new policy to block NORML from printing new t-shirts, and now the appeals court has upheld that permanent injunction.

Harm Reduction

New Mexico Senate Approves Pair of Harm Reduction Bills. The state Senate Monday overwhelmingly approved two bills aimed at reducing the number of fatal drug overdoses in the state. Senate Bill 47 would improve the state's 911 Good Samaritan law to include alcohol overdoses and eliminate the prospect of criminal liability for violating drug laws while seeking medical assistance for an overdose. Senate Bill 16 would require health care providers to counsel patients on the risk of overdose and to offer prescriptions for the overdose reversal drug naloxone. The bills now go to the House.

International

Trump Administration Accuses Venezuela VP of Drug Smuggling. The Treasury Department's Office of Foreign Assets Control has imposed sanctions on Venezuelan Vice President Tareck El Aissami, accusing him of being an international drug kingpin. Treasury said that El Aissimi facilitated drug trafficking in his previous post of Aragua state. The Treasury Department placed him on a list reserved for "specially designated narcotics traffickers," part of what's known as the Kingpin Act.

Chronicle AM: Los Angeles Pot Shop Vote Looms, NM Legalization Bill Stalls, More... (2/13/17)

Los Angeles voters go to the polls next month to decide on permitting dispensaries and pot shops, a New Mexico legalization bill hits a bump in committee, an Ohio bill would restore tough cocaine sentences based on the weight of filler -- not actual cocaine -- and more.

Los Angeles dispensaries (and adult pot shops) would be permitted under Measure M, before the voters next month. (Wikimedia)
Marijuana Policy

New Mexico Legalization Bill Stalled in Committee. Even though Democrats have a majority in both houses of the legislature, dissent among key Democrats may kill a legalization measure, Senate Bill 278. The bill stalled in the House Judiciary Committee after legal concerns were raised, and one key lawmaker, Sen. Clemente Sanchez (D-Grants) said he would not support. Sanchez is chair of another committee the bill would have to pass through, and his no vote added to Republican no votes in the committee could sound the death knell for the bill.

Los Angeles to Vote on Regulating Pot Shops Next Month. Voters in the nation's second largest city will vote March 7 on whether to adopt Measure M, the Cannabis Activity Permits and Regulations Ordinance. The measure was put on the ballot by the city council and would give the city the power to permit the 135 medical marijuana dispensaries approved by voters under the earlier Measure D, as well as to permit recreational pot shops and marijuana businesses.

Medical Marijuana

Oklahoma Medical Marijuana Bill Filed. State Rep. Eric Proctor (D-Tulsa) has filed a medical marijuana measure, House Bill 1877. The bill would allow the use of medical marijuana for a list of specified illnesses and conditions and is modeled on the successful medical marijuana ,initiative passed next door in Arkansas in November.

Sentencing

Ohio Bill Would Revive Stiffer Sentences for Cocaine Dealers. State Rep. John Rogers (D-Mentor on the Lake) has filed House Bill 4, which would stiffen sentences by not requiring that the weight of the drug measure only actual cocaine and not inert filler. In a case last year, the state Supreme Court threw out cocaine sentences based on the weight of the filler, saying the state must prove the weight of actual pure cocaine in setting sentences. "Ohio's recent court decision sets a new, dangerous trajectory for our state by allowing drug dealers to buy and sell more cocaine with reduced consequences," Rogers said in a statement. "Instead of effectively handcuffing law enforcement from keeping dangerous drug dealers off our streets, I believe that we should be handcuffing the criminals who make our state and communities less safe with dangerous drugs." The bill includes an emergency provision that would allow it take effect immediately upon passage.

Asset Forfeiture

Kansas Legislature Punts on Asset Forfeiture Reform. After hearing testimony in the House Judiciary Committee last month on several asset forfeiture reform proposals and receiving an audit last summer that concluded police are taking advantage of vague state laws on how they should report and user seized property, the committee has decided not to act. Instead it has asked a judicial advisory group to review any potential changes.

International

Sinaloa Cartel Internal Power Struggle Behind Uptick in Cartel Violence, Mexican Official Says. Defense Minister Salvador Cienfuegos said Saturday that rising violence in parts of northern Mexico is most likely linked to an internal power struggle in the Sinaloa Cartel, which has fractured since its leader, Joaquin "El Chapo" Guzman, was first jailed in Mexico, then extradited to the United States. "In the absence of their leader, (rival factions) are fighting over who will control the organization," he said. "I think that's what is happening." More soldiers were to be sent there beginning today and military forces already there will be reorganized, he said.

In the Time of Trump, Can Congress Take the Lead on Marijuana Policy? [FEATURE]

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

While the marijuana community -- consumers, industry, and advocates alike -- eyes with trepidation the reign of avowed drug warrior Jeff Sessions at the Justice Department, the Trump executive branch isn't the only game in town when it comes to making marijuana policy. Congress is back in session, and after last November's legalization and medical marijuana victories at the polls, the pot state delegation is larger than ever.

Congressional Cannabis Caucus co-chair Rep. Earl Blumenauer (D-OR) (house.gov)
And at least some of those senators and congressmen and women representing the 28 states (and the District of Columbia) that have embraced medical marijuana and the eight states plus DC that have so far gone for adult legalization, are gearing up to fight for reform at the Capitol.

A nascent congressional Cannabis Caucus formed in December is preparing a plethora of bills for the current session, and its members say they are optimistic about their chances, even in the time of Trump -- and Republicans holding every committee chair in both houses. It's because Congress is riding the marijuana wave, too, said caucus founder and co-chair Rep. Earl Blumenauer (D-OR).

"This Congress is going to be a little better than last Congress, and last Congress was better than the one before that," he said in an interview this week with The Cannabist. "It's very interesting watching the momentum build."

That momentum derives from public opinion polls consistently showing nationwide majorities favoring legalization and, more importantly, the actual victories at the polls in November, where legalization went four for five and medical marijuana went four for four.

"It's easier for people to embrace much of what we're doing legislatively," he said. Fixing industry-critical concerns such as the lack of operating expense deductions or access to financial services for state-legal businesses or barriers to medical marijuana research are now mere "housekeeping" issues, he added.

Nonetheless, fixes still have to get through the Congress. They haven't so far, and it's a long way between filing a bill and seeing it signed into law. Still, Blumenauer and colleagues will be pushing harder than ever.

He is joined in the Cannabis Caucus by co-chairs Reps. Jared Polis (D-CO), Dana Rohrabacher (R-CA), and Don Young (R-AL). The bipartisan grouping is notably made up of representatives from vanguard legalization states, but by no means all of them -- California alone has 53 House members -- and there is certainly room for more to come on board.

"I'm more hopeful than ever before that we can move legislation like the Regulate Marijuana Like Alcohol Act," Polis told The Cannabist, referring to last session's H.R. 1013, which picked up 19 cosponsors and was referred to a slew of subcommittees, but never even got a hearing.

Caucus member Rep. Jared Polis (D-CO) (house.gov)
That bill was one of about two dozen pot-related proposals filed in the last session, and they're already starting to pile up again this session. While Blumenauer told The Cannabist more were to come, here's what's on the table so far:

H.R. 331 -- Filed by Rep. Barbara Lee (D-CA), the States' Medical Marijuana Rights Protection Act would block federal civil asset forfeiture aimed at the owners of state-legal medical marijuana operations.

H.R. 714 -- Filed by Rep. H. Morgan Griffith (R-VA), the Legitimate Use of Medicinal Marihuana Act would move marijuana to the Controlled Substance Act's Schedule II, opening the door to more research and, potentially, doctors' ability to prescribe (as opposed to recommend) marijuana for patients. It would also bar the use of that act or the Food, Drug, and Cosmetic Act to interfere with medical marijuana in states where it is legal.

H.R. 715 -- Also filed by Rep. Griffith, the Compassionate Access Act would reschedule marijuana, provide for its medical use under state laws, and remove CBD (cannabidiol) from the definition of marijuana.

H.R. 975 -- Filed by Cannabis Caucus co-chair Rep. Rohrabacher, the Respect State Marijuana Laws Act would exempt people and entities from certain provisions of the Controlled Substances Act if they are acting in compliance with state laws. Rohrabacher authored similar legislation in the last Congress, garnering 20 cosponsors, including seven Republicans.

There is no outright federal marijuana legalization bill out there yet this session, but expect to see Rep. Polis come back with his bill or perhaps Bernie Sanders reviving his bill to end federal marijuana prohibition, or both. Given political realities on the Hill, though, the Cannabis Caucus will likely save its political capital for fights it might be able to win, such as fixing the tax and banking problems facing the industry.

Another key battleground -- and one where marijuana advocates have actually won before -- is the appropriations process. The Justice Department and the DEA can't go after marijuana in legal states if Congress bars them from spending any federal funds to do so, and that's exactly what Congress did when it approved the Rohrabacher-Farr Medical Marijuana Amendment last session.

If a similar amendment were to succeed again, even if Attorney General Sessions wanted to call out the cavalry, he couldn't buy the horse feed, and it wouldn't matter how many nasty memos his deputies wrote.

And while his past pronouncements are indeed worrisome, he was quite coy at his nomination hearings, saying that he "won't commit to never enforcing federal law," but adding that enforcement priorities are "a problem of resources for the federal government."

Sessions did add later in the hearings that it's not "the attorney general's job to decide what laws to enforce," but suggested that his former colleagues could settle things once and for all.

Does new Attorney General Jeff Sessions want to punt pot policy back to Congress? (senate.gov)
"I think one obvious concern is that the United States Congress has made the possession of marijuana in every state and distribution of it an illegal act," he said. "If that something is not desired any longer, Congress should pass the law to change the rule."

And then there's Sessions' boss, President Trump. While he projects a law and order image and has campaigned against "drugs," the drugs he seems most concerned about are heroin and the prescription opioids -- not pot. He's also suggested in the past a willingness to let states experiment on marijuana policy, and he has a lot of other things on his plate. It's not at all clear he would let Sessions unleash a war on weed even if he wanted to.

Earl Blumenauer doesn't think Trump wants to charge into this particular melee.

"This is a struggle and will continue to be, but this is something where I honestly don't think the new administration, which has probably enough controversy on its hands, is going to knowingly pick a fight with what, almost without exception, was approved by local voters," Blumenauer said.

To ensure that Sessions doesn't strike out, "we need to make the case directly to Trump" about the economic potential of the marijuana industry, said Polis. But until federal marijuana prohibition is ended, "the industry really exists at the discretion of the president and the attorney general, and that's a dangerous place to be," he added.

Well, and Congress, too. It holds the purse strings, after all.

Marijuana policy is going to be at play in the 115th Congress. Ending federal prohibition remains the Holy Grail, but in the meantime, there are concrete actions Congress can take to protect medical and legal marijuana and the industry it's creating. Now, let's see if the Cannabis Caucus can lead the way to some victories.

Chronicle AM: Trump Rolls Out Crime & Drug War, Brazil Top Judge Says Legalize, More... (2/10/17)

Donald Trump takes a hard line on crime and drugs, a new Michigan poll has support for marijuana legalization at an all time high, a Brazilian Supreme Court justice calls for an end to the drug war there, and more.

Donald Trump takes a hard line on crime and drugs. (Gage Skidmore/Creative Commons)
Marijuana Policy

Michigan Poll Has Support for Legalization at Highest Level Ever. A new poll from EPIC/MRA has support for marijuana legalization in the state at 57%. That's a four percent increase from the same poll last year. The poll comes as activists organized as MILegalize prepare efforts to get a legalization initiative on the 2018 ballot. They came up just short last year after the state legislature and state courts blocked their efforts to get all their signatures counted.

New Jersey Lawmakers Vow to Press Forward With Legalization Effort Despite Trump. Garden State lawmakers say the appointment of marijuana legalization foe Jeff Sessions as President Trump's attorney general will not stop them from pressing forward with their efforts. State Sen. Nick Scutari (D) said he is "concerned," but not deterred. "It doesn't give me pause. It's a concern but we are not going to pause," Scutari said Thursday. "Hopefully he will follow what President Trump said as a candidate -- that it's a states' rights issue."

Vermont's GOP Governor Opposes Legalization Bill. Gov. Phil Scott's (R) administration came out firmly against legalization Thursday. "We oppose this bill," State Police Major Glenn Hall told the House Judiciary Committee. "We speak with one voice," added Public Safety Commissioner Tom Anderson. "That's what the governor stands for also."

Medical Marijuana

Arkansas Bills to "Fix" Medical Marijuana Law Moving. Six medical marijuana-related bills moved out of committees to face floor votes in their respective chambers Wednesday. The House Rules Committee advanced five bills, while the Senate Education Committee advanced one bill. More bills are still in committee. Many of the bills deal with technical "fixes," but some of them would alter the way the program is intended to work. Click on the link for a complete rundown on the bills.

Drug Policy

Trump Signs Executive Orders Aimed at Drugs, Crime. The president signed three executive orders he said were "designed to restore safety in America." One that aims to "reduce crime and restore public safety" directs Attorney General Sessions to create a Task Force on Crime Reduction and Public Safety, which is charged with developing "strategies to reduce crime, including, in particular, illegal immigration, drug trafficking and violent crime" proposing new legislation, and submiting at least one report to the President within the next year. The second is aimed at combatting international drug trafficking organizations, while the third directs the Justice Department to use existing federal law to prosecute those who commit crimes against police officers.

International

Brazil Supreme Court Judge Calls for Marijuana, Cocaine Legalization. Supreme Court Justice Robero Barroso called Friday for marijuana and even cocaine to be legalized to erode the growing power of illegal drug trafficking organizations. Fifty years of drug war had only clogged jails with small-time offenders and fueled violent gang battles. "Unlike the United States and Europe where the problem lies in the impact drugs have on consumers, in Brazil the problem lies in the power drug traffickers have over poor communities," Barroso said. "I can assure you it is only a matter of time. Either we legalize marijuana now or we do it in the future after we have spent billions and incarcerated thousands."

Chronicle AM: Drug Warrior Jeff Sessions is AG, NY Gov Calls Marijuana Gateway Drug, More... (2/9/17)

A man who thinks marijuana users aren't "good people" is now the US attorney general, New York's Democratic governor cites the gateway theory as he opposes marijuana legalization, North Dakota lawmakers kill a welfare drug testing bill, and more.

Meet the new boss: Attorney General Jeff Sessions takes office. (senate.gov)
Marijuana Policy

New York Governor Calls Marijuana "Gateway Drug," Rejects Legalization. Gov. Andrew Cuomo (D) said Wednesday that marijuana is "a gateway drug, and marijuana leads to other drugs and there's a lot of proof that that's true... There's two sides to the argument. But I, as of this date, I am unconvinced on recreational marijuana."

Washington Bill Would Bar State From Helping Any Federal Crackdown. A bipartisan bill sponsored by Rep. David Sawyer (D-Lakewood) and three others would attempt to protect the state's legal marijuana industry by "prohibiting the use of public resources to assist the federal government in any activity that might impede or interfere with Washington state's regulation of marijuana and marijuana-related products." The measure is House Bill 1895, which is now before the House State Government, Elections, and Information Technology Committee.

Medical Marijuana

Kansas Medical Marijuana Bill Filed. State Sen. David Haley (D-Kansas City) has filed Senate Bill 155, which would allow patients with specified diseases or conditions to grow and possess medical marijuana, or have a caregiver grow it for them. The bill also envisions the creation of state regulated and taxed "compassion centers" or dispensaries.

Drug Policy

Jeff Sessions Confirmed As Attorney General, Drug Policy Reformers React. The Senate confirmed Alabama Republican Senator Jeff Sessions as Attorney General on a near party-line vote Wednesday night. The marijuana and drug reform communities -- among many others -- are nervous about how Sessions might deviate from the Obama administration's hands-off policy on marijuana in the states, as well as broader criminal justice issues. "Jeff Sessions and President Trump are stuck in the 1980s when it comes to drug policy, while most of the country knows by now that we need alternatives to the failed drug war," the DPA's Bill Piper said. "If the Administration tries to roll back marijuana reform or to undermine criminal justice reform they will find themselves even less popular than they are now."

Drug Testing

North Dakota Senate Kills Welfare Drug Testing Bill. The Senate killed Senate Bill 2279, which would have required mandatory "addiction screening" of people receiving food stamps, with those identified as being "at risk" of drug use being forced to undergo drug treatment. The measure died on a 20-26 vote after legislators pointed out that similar welfare drug testing programs have found only a tiny number of people.

International

Peru Government Will Present Medical Marijuana Bill. The administration of President Pedro Kuczynski said it will present a bill allowing for the use of medical marijuana to the legislature, which is dominated by the opposition. The move comes in the wake of a public uproar after police raided a Lima house where a group of parents grew marijuana to make cannabis oil to treat their children's epilepsy and other diseases.

Chronicle AM: States' Rights Marijuana Bill Filed, Trouble in Morocco's Rif, More... (2/8/17)

A federal bill to let states experiment with marijuana policy is back, CBD cannabis oil and medical marijuana study bills advance at the statehouse, trouble is bubbling up in Morocco's hash-producing regions, and more.

California Republican Rep. Dana Rohrabacher is again introducing a bill to give states the lead on marijuana policy. (house.gov)
Marijuana Policy

Republican Congressman Files Federal Bill to Let States Set Own Marijuana Policies. Rep. Dana Rohrabacher (R-CA) Tuesday filed House Resolution 975, the Respect State Marijuana Laws Act. The bill would resolve conflicts between state and federal laws by exempting people and entities from certain provisions of the Controlled Substances Act if they are acting in compliance with state laws. Rohrabacher authored similar legislation in the last Congress, garnering 20 cosponsors, including seven Republicans.

Minnesota Legalization Bill Filed. Rep. Jon Applebaum (DFL-Minnetonka) filed a bill Wednesday to legalize marijuana for recreational use. "Minnesotans are rightfully developing different attitudes on marijuana," Applebaum said in a news release. "Other states' successes, along with the failed prohibition attempts of others, validated the need for a statewide conversation," he added. The bill is not yet available on the legislative website.

Medical Marijuana

Georgia Bill to Lower THC Levels, Add Autism Advances. A bill that would add autism to the list of qualifying conditions for using CBD cannabis oil, but would also lower the amount of THC in cannabis oil was approved by the Senate Health and Human Services Committee. Medical marijuana advocates like Senate Bill 16 for its autism provision, but don't want the lower THC provision. The bill would drop allowable THC levels from 5% to 3%.

Utah House Passes Medical Marijuana Research Bill. The House voted overwhelmingly Tuesday to pass House Bill 130, which would allow universities in the state to study medical marijuana. The bill is a fallback after legislators retreated from earlier plans to push an actual medical marijuana bill. The bill now advances to the Senate.

Wisconsin Senate Approves CBD Cannabis Oil Bill. The Senate voted overwhelmingly Wednesday to approve a bill allowing for the use of CBD cannabis oil to treat seizures. Senate Bill 10 now heads to the House.

Sentencing

Maryland Bill Would Set Criminal Penalties for People Who Sell Drugs Linked to Fatal Overdoses. A bill that would set criminal penalties of up to 30 years in prison for people who sell heroin or fentanyl where "the use of which is a contributing cause to the death of another" has been filed in the House. The measure, House Bill 612, aims not only at the person who directly sold the drug, but also anyone in the supply chain. It's scheduled for a committee hearing on February 28.

International

Morocco Drug Control Policy Sparking Unrest in Country's North. The death of an illegal fish vendor in November has sparked months of widespread protests and unrest in Morocco's Rif, but that unrest has been brewing for years thanks to a lack of economic development and the government's harsh treatment of cannabis growers, one of the few economic activities available to area residents: "This situation in which Rifans are left with few other economic options than to engage in illicit activities and risk criminal sanctions is aggravated by the harsh provisions of the Moroccan narcotics law. While drug use is punished with two months to one year in prison, the law allows for up to 30 years for drug trafficking offenses. The average sentence is around 10 to 15 years, even for minor, non-violent offences."

Philippines President Insults Former Colombia President Over Drug Policy Criticisms. Philippines President Rodrigo Duterte called former Colombian President Cesar Gaviria "an idiot" for publishing an article in the New York Times criticizing Duterte's murderous crack down on drugs. "To tell you frankly... they say that Colombia leader has been lecturing about me. That idiot," Duterte said.

Colombia Gives Land Titles to Families Abandoning Coca Crops. The Colombian government announced Monday it will grant land titles to some 10,000 peasant families that have given up on coca production. The program will take place in southern Cauca, Nariño and Putumayo provinces, where about half the country's coca is grown. The move comes after the government and the leftist guerrillas of the FARC agreed to a crop eradication and substation program last month.

Chronicle AM: Trump Threatens TX Lawmaker Over Forfeiture, NYC MJ Arrests Up Again, More... (2/7/17)

Donald Trump threatens the career of a Texas state senator over asset forfeiture, Chris Christie vetoes an asset forfeiture reporting bill, NYC marijuana arrests jump, Rhode Islanders are ready to legalize it, and more.

Donald Trump threatens to "destroy" the career of a Texas lawmaker who wants civil asset forfeiture reform. (Wikimedia)
Marijuana Policy

Rhode Island Poll: Three Out of Five Say Legalize It. A new poll from Public Policy Polling has support for marijuana legalization in the state at 59%, with only 36% opposed. The poll comes as the legislature prepares to take up legalization legislation sponsored by Sen. Joshua Miller (D-Cranston) and Rep. Thomas Slater (D-Providence). Their bill, the Cannabis Regulation, Control, and Taxation Act would allow adults 21 and older to possess up to one ounce of marijuana and grow one mature marijuana plant in an enclosed, locked space. It would establish the Office of Cannabis Coordination within the executive branch, which would be charged with coordinating among state agencies to establish a tightly regulated system of licensed marijuana retail stores, cultivation facilities, processing facilities, and testing facilities. The legislation would also create a 23% excise tax on retail marijuana sales in addition to the standard 7% sales tax.

New York City Marijuana Arrests Jumped 10% Last Year. The NYPD arrested some 17,762 people for small-time pot possession last year, a 10% rise over 2015. The numbers are down from the 50,000 a year that made the city the world's pot arrest capital a decade ago, but still very high for a city in a state that decriminalized pot possession in the 1970s. While the number of arrests has varied over the years, one thing remains constant: Ethnic minorities constitute the vast majority of those arrested for pot in the city; the figure was 85% last year.

Medical Marijuana

Oklahoma Medical Marijuana Bill Filed. State Rep. Eric Proctor (D-Tulsa) introduced House Bill 1877 Monday. It would allow patients suffering from a specified list of conditions to use medical marijuana without fear of arrest or other penalty as long as they comply with the rules and regulations of the envisioned medical marijuana program. Patients could grow their own or have caregivers grow it for them, and state-licensed dispensaries and grow operations would be allowed.

Wisconsin Medical Marijuana Bills Filed. State Sen. Jon Erpenbach (D-Middleton) and Rep. Chris Taylor (D-Madison) have filed a pair of bills aimed at legalizing medical marijuana in the state. The first bill, the Compassionate Cannabis Care Act, would legalize medical marijuana, while the second bill would authorize a statewide referendum allowing citizens to vote on whether they support medical marijuana. The bills are not yet available on the legislative website.

Asset Forfeiture

Trump Threatens to "Destroy" Career of Lawmaker Advocating Asset Forfeiture Reform. At a listening session with sheriffs from around the country, President Donald Trump invited a Texas sheriff to destroy the career of a lawmaker who is considering a bill that would require a criminal conviction before the state could seize people's assets. When Rockwall County Sheriff Harold Eavenson told Trump he was concerned about such legislative efforts, Trump was incredulous. "Can you believe that?" Trump interjected. "Who is the state senator? Do you want to give his name? We'll destroy his career," Trump volunteered.

New Jersey Governor Vetoes Asset Forfeiture Reporting Bill. Gov. Chris Christie (R) Monday vetoed a bill that would have required county and state prosecutors to publicly report on how they use civil forfeiture to seize property in criminal investigations. The measure was Senate Bill 2267, and it had unanimously passed both houses of the legislature. Christie issued a conditional veto that recommended changes to create a weaker reporting requirement that would "strike a balance between government transparency and protecting law enforcement operations and personnel."

Chronicle AM: CA Faces Plethora of Pot Bills, NM Legalization Bill Advances, More... (2/6/17)

Marijuana-related legislation is moving in several states, the HIA is suing the DEA over hemp foods, Philippines Catholic bishops speak out against drug war killings, and more.

The Hemp Industry Association is suing the DEA (again) over hemp foods. (thehia.org)
Marijuana Policy

Alaska On-Site Consumption Not Dead Yet. Last Wednesday, the Marijuana Control Board shot down a proposal that would have allowed for Amsterdam-style cannabis cafes, but a day later, the state's Department of Economic Development clarified in a press release that the decision didn't amount to a permanent ban on such businesses. The department encouraged marijuana businesses that want to allow on-site consumption to continue filing relevant paperwork, even though there is not yet an alternative proposal to regulate businesses allowing on-site consumption.

After Legalization, California Faces a Plethora of Pot Bills. The passage of Prop 64 appears to have left as many questions as answers, and legislators in Sacramento are working to address them with at least nine bills filed already. The proposals range from efforts to reconcile the medical marijuana and legal marijuana regulatory systems to protecting non-union workers to helping pot businesses gain access to financial services and beyond. Click on the link to see the full list of bills and accompanying discussion.

New Mexico Legalization Bill Wins House Vote. The House Consumer and Public Affairs Committee voted to allow a legalization measure, House Bill 89, to keep advancing through the House. The committee made no recommendation for or against. The bill still faces to more committee votes before it can head for a House floor vote. "This is the one thing we can do this year that will instantly inject a massive amount of money into our economy and create jobs right away," said bill sponsor Rep. Bill McCamley (D-Mesilla Park).

New York Legalization Bills Filed. A pair of identical bills to legalize marijuana for adults and allow for legal, taxed, and regulated marijuana commerce have been filed in Albany. They are Senate Bill 3040, with Sen. Liz Krueger (D-Manhattan) as primary sponsor, and Assembly Bill 3506, with Assemblymember Crystal Peoples-Stokes (D-Buffalo) as primary sponsor.

Wyoming House Votes to Cut Pot Penalties. The House voted Saturday to approve House Bill 197, which would reduce the penalty for possession of three ounces of marijuana or less. The bill now moves to the Senate.

Medical Marijuana

Washington Bill to Allow Medical Marijuana Use at School Wins Committee Vote. The House Health Care and Wellness Committee approved "Ducky's Bill," House Bill 1060, last Friday on a 13-3 vote. The bill is named after an elementary school student who can only attend half-days of class because of intractable epileptic seizures. It would require school districts to allow students to use medical marijuana on school grounds, on a school bus, or while attending a school-sponsored event. A companion measure has been filed in the Senate, but has not moved yet.

Hemp

Hemp Industries Association Sues DEA Over Illegal Attempt to Regulate Hemp Foods as Schedule I Drugs. The Hemp Industries Association (HIA) has filed a motion to hold the Drug Enforcement Administration (DEA) in contempt of court for violating an unchallenged, long-standing order issued by the U.S. Court of Appeals in San Francisco, prohibiting the agency from regulating hemp food products as Schedule I controlled substances. Specifically, the HIA asserts that the DEA continues to operate with blatant disregard for the 2004 ruling made by the Ninth Circuit Court of Appeals, which permanently enjoined the DEA from regulating hemp fiber, stalk, sterilized seed and oil, which are specifically exempted from the definition of "marijuana" in the federal Controlled Substances Act.

Asset Forfeiture

Colorado Bill Would Close Federal Asset Forfeiture Loophole in Most Situations. A bipartisan group of four senators has filed Senate Bill 136, which would require state law enforcement to comply with extensive reporting requirements, but would also prohibit them from entering into agreements to transfer seized property to the federal government unless it amounts to more than $100,000. Law enforcement agencies use federal sharing programs to get around state laws aimed at reining in asset forfeiture procedures. The bill is now before the Senate Judiciary Committee.

Drug Testing

Colorado Companies Shedding Marijuana Drug Tests. The Associated Press is reporting that in the past two years, seven percent of Colorado companies have dropped marijuana from pre-employment drug tests. Would you test someone for alcohol or something like that I mean it's legal like alcohol is. Why would you test someone for marijuana especially if it's legal?" said one small business owner.

Rhode Island Random Welfare Drug Testing Bill Filed. State Sen. Elaine Morgan last Thursday filed a bill that would allow the Department of Human Services to conduct random, suspicionless drug tests on welfare recipients. The bill heads to the Senate Judiciary Committee. It has yet to appear on the legislative website.

International

Israeli Ministers Endorse Bill to Allow Medical Marijuana Exports. The Ministerial Committee on Legislation has endorsed a draft bill to allow the export of medical marijuana. That means the measure will now move forward as a government bill.

Tel Aviv Marijuana Legalization Demonstration Draws Thousands. As the Knesset and the Israeli cabinet ponder marijuana decriminalization, thousands of Israelis gathered in Tel Aviv Saturday night to call for full legalization. At least two Knesset members, Likud's Sharren Haskel and Meretz's Tamar Zandberg, were present.

Philippines Catholic Bishops Issue Pastoral Statement Condemning Drug War Killings. The Catholic Bishops Conference of the Philippines issued a pastoral statement Sunday expressing opposition to President Rodrigo Duterte's campaign of killings of drug users and sellers. The bishops called on Filipinos to follow the basic teaching of the Church. The full text of the statement is available at the link.

Chronicle AM: Duterte Vows More Killings, AK Nixes On-Site MJ Shop Consumption, More... (2/3/17)

Regulators and legislators continue to mess with the will of the voters when it comes to implementing marijuana initiatives, the Philippines' president makes more bloody-minded threats, and more.

Philippines President Duterte isn't satisfied with the amount of blood already on his hands. He wants more. (Wikimedia)
Marijuana Policy

Alaska Just Says No to On-Site Pot Consumption. State regulators have rejected a proposal to allow marijuana stores to have areas where customers can consume their products on-site. Alcohol and Marijuana Control Office acting Director Sara Chambers said public notice for the proposal was not done properly, but instead of re-advertising the proposal for another 30 days, the Marijuana Control Board voted to kill it on a 3-2 vote.

North Dakota House Rejects Marijuana Legalization Study. A measure that would have authorized a study of marijuana legalization and taxation was killed in the House Thursday. The bill had passed out of committee with no opposition testimony. The legislature killed a similar proposal two years ago. "If we had undertaken that study we might have been more proactively prepared to deal with the issues arising from the recent initiated measure," said Rep. Mary Schneider (D-Fargo). "This is a second chance to get it right. There was no opposition testimony and the committee urges a green, as in grass, vote."

Medical Marijuana

Arkansas Regulators Continue Working Despite Threat of Legislative Meddling. The Medical Marijuana Commission met again Wednesday, but members spent much of the time discussing what they would do if a pending bill that would ban dispensaries from growing their own crops passes. That's only one of a number of bills filed aimed at tinkering with the voter-approved law. Among other actions, the commission agreed to require hefty performance and surety bonds for dispensaries that grow their own medicine.

North Dakota Activists Scold Legislature for Messing With Medical Marijuana Initiative. Medical marijuana supporters are denouncing legislative efforts to rewrite their voter-approved initiative and replace it with an 81-page lawmaker-drafted law. The proposed law, Senate Bill 2344, is set for a hearing in the Joint Health and Services Committee next Wednesday. The bill would create a $300 fee for patients seeking medical marijuana cards and a $100,000 fee for dispensaries that grow medical marijuana. The measure also pares back the amount of medicine patients can possess and would eliminate smoking or vaping it. "It's a punch in the gut to the patients of North Dakota, and a slap in the face to the voters of North Dakota," said Rilie Ray Morgan of Fargo, one of the sponsors of the initiative.

International

Philippines President Out for More Blood, Vows More Killings. Just a day after he suspended police participation in his murderous war on drugs after the killing of a South Korean businessman in a police station opened a window on corruption in the National Police, Philippines President Rodrigo Duterte is calling on the military to join the campaign, and vowing to kill more people. "You bleed for those sons of a bitches. How many? Three thousand? I will kill more if only to get rid of drugs." The actual number of people killed in Duterte's drug war is more than 7,000; he was taking credit only for the ones officially attributed to police. The rest are blamed on "vigilantes."

Chronicle AM: Sessions AG Nomination Advances, FL Bill Would Fix MedMJ System, More... (2/2/17)

The Senate Judiciary Commitee has approved the nomination of Sen. Jeff Sessions to be attorney general, a legalization bill pops up in Wyoming, a Florida bill that would fix the state's medical marijuana system has the support of the folks behind the constitutional amendment, and more.

Marijuana foe Jeff Sessions is one step closer to being Attorney General (senate.gov)
Marijuana Policy

Wyoming Bill to Put Legalization to Popular Vote Filed. State Reps. James Byrd (D-Cheyenne) and Mark Baker (R-Rock Springs) have filed House Joint Resolution 11, which would allow the state's residents to vote on a constitutional amendment legalizing marijuana. The measure envisions legalizing up to three ounces and six plants, three of which can be mature. The bill's prospects are dim; the legislature has already defeated a decriminalization bill this year and is currently fighting over how much jail time pot possessors should face.

Medical Marijuana

Florida Bill Would Overhaul State's Medical Marijuana Laws. State Sen. Jeff Brandes (R-St. Petersburg) filed Senate Bill 614 Wednesday. The bill would scrap the state's existing system and replace it with a new set of rules. The move is supported by the people behind the successful Amendment 2 initiative. "Sen. Brandes' bill does an excellent job of establishing a comprehensive, tightly regulated medical marijuana system in Florida," said United For Care campaign manager Ben Pollara on Wednesday. "The two most essential pieces of implementation are maintaining the primacy of the doctor-patient relationship, and expanding the marketplace to serve patient access. SB 614 does both in a well-regulated, well thought out manner."

Asset Forfeiture

Kansas Legislature Punts on Asset Forfeiture. The House Judiciary Committee voted Wednesday to set aside five bills dealing with asset forfeiture issues until it could get input from an advisory committee. The bills have been referred to the Kansas Judicial Council, which Committee Chairman Blaine Finch said may "possibly draft legislation," but probably not this year.

Drug Testing

Iowa Workplace Hair Drug Testing Bill Passes Senate. A bill that would allow employers to conduct drug tests using hair samples passed the Senate 35-15 on Wednesday. Employers can already conduct drug tests using blood, urine, or saliva, but the hair tests can indicate drug use months in the past.

Drug Policy

The Senate Judiciary Committee Thursday approved the nomination of Sen. Jeff Session (R-AL) to be attorney general on a party line vote of 11-9. The nomination now goes before the full Senate.

Drug War Issues

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