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Chronicle AM: Fed Bills Would Shrink CSA Reach, Slow Start to Sessions Drug War, More... (7/31/17)

New federal bills aim to remove state-legal marijuana and industrial hemp from the purview of the Controlled Substances Act, Jeff Sessions' drug war is slow getting off the ground, an Indian minister comes out for medical marijuana, and more.

What's in your Ecstasy? British festivalgoers could find out. (erowid.org)
Marijuana Policy

Federal Bill to Make CSA Inapplicable to Marijuana in Legal Marijuana States Filed. US Rep. Suzan DelBene (D-WA) filed House Resolution 3534 on Friday. The bill would "make the Controlled Substances Act inapplicable with respect to marijuana in states that have legalized marijuana and have in effect a statewide regulatory regime to protect certain Federal interests."

Industrial Hemp

Federal Bill to Exempt Hemp from CSA Filed. Rep. James Comer (R-KY) filed House Resolution 3530 on Friday. The bill would "amend the Controlled Substances Act to exclude industrial hemp from the definition of marihuana."

Drug Policy

Attorney General Sessions' Drug War Hasn't Taken Hold -- Yet. The attorney general has vowed to crack down on drugs, but data released last week show it isn't happening yet. Federal drug prosecutions are at historic lows, with experts pointing to a federal hiring freeze instituted by the Trump administration and the Senate's slow pace on appointing new US attorneys as potential causes. Without having key people in key positions, the Sessions Justice Department must rely on local investigators and prosecutors who may still be operating under Obama-era reforms.

International

Indian Minister Calls for Medical Marijuana Legalization. Indian Minister for Women and Child Development Maneka Gandhi has come out in favor of legalizing medical marijuana. "Marijuana should be legalized for medical purposes, especially as it serves a purpose in [treating] cancer," she said during a ministerial discussion on India's National Drug Demand Reduction. Although cannabis has been part of Indian culture for more than 3,000 years, the country banned it in 1985 under US pressure.

British Festival Allowed Pill Testing. Attendees at the Kendal Calling music festival in Cumbria this past weekend were able to get their pills and powders tested for potency and adulteration without fear of arrest thanks to an on-site lab operated by an NGO. Testers reported finding malaria medication, insecticide and concrete in some of the substances tested. "We accept that some people will get drugs on site and some people will be planning to take them so what we're doing is trying to address any potential health problems," said Professor Fiona Measham, director of the NGO The Loop. "This is a focus on public health rather than on criminal justice."

Chronicle Interview: A Conversation With New DPA Head Maria McFarland Sánchez-Moreno [FEATURE]

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

Led by Ethan Nadelmann since its formation 17 years ago, the Drug Policy Alliance (DPA) has been the most influential drug reform organization in the country, with a hand in advancing the causes not only of medical marijuana and marijuana legalization, but of drug law reform more broadly, in all its manifestations and intersectionality.

Maria McFarland Sánchez-Moreno (Drug Policy Alliance)
Thanks in good part to Nadelmann's vision and the efforts of DPA -- and its campaign and lobbying arm, the Drug Policy Action Network -- in state houses and court houses, in Congress and the executive branch, in media outreach and educational campaigns, the drug laws in America have changed for the better. Pot has gone mainstream, the mass incarceration mania of the Reaganite drug war (abetted by too many Democrats) has broken, sensible and life-saving harm reduction measures are spreading.

But now Nadelmann is gone -- at least as director or staff -- and DPA and the drug reform community face a Trump administration apparently intent on reviving and revitalizing the worst of drug war practices from the last century. Nadelmann's successor not only has big shoes to fill, but also faces reactionary impulses in Washington.

That successor is Maria McFarland Sánchez-Moreno, holder of a law degree from New York University School of Law and for the past 13 years Co-Director of the US Program for Human Rights Watch (HRW), where she picked up plenty of domestic drug policy experience. There, she managed a team that fights against racial discrimination in law enforcement, punitive sentencing, and deportation policies that tear families apart -- all issues inextricably intertwined with the war on drugs.

The bilingual McFarland Sánchez-Moreno grew up in Peru and spent her early years at HRW researching Colombia, where drug profits helped fuel a decades-long civil war and corroded governmental legitimacy through corruption. That sharpened her awareness of the need for social justice and drug policy reform. She also pushed for the group to more directly take on the war on drugs as a human rights issue, and as a result, HRW became the first major international human rights organization to call for drug decriminalization and global drug reform. [Ed: McFarland's help and advice made it possible for Human Rights Watch to endorse our UNGASS sign-on statement.]

She is regularly quoted and published in national and international media, has testified before Congress on multiple occasions and has extensive experience advocating with US congressional offices, the White House, and the Departments of State, Justice and Defense. She recently authored a non-fiction book, There Are No Dead Here: A Story of Murder and Denial in Colombia, which will be published by Nation Books in February 2018.

Now, McFarland Sánchez-Moreno turns to drug reform as her primary remit, at the head of an organization with a $15 million budget; offices in California, Colorado, New Jersey, New Mexico, New York, and Washington, DC; a considerable cadre of experienced and talented professionals; and a well-earned reputation for being able to make drug reform actually happen. Drug War Chronicle spoke with McFarland Sánchez-Moreno on Friday about what lies ahead.

Drug War Chronicle: You're about to head the most powerful drug reform group on the planet. What is it about you and your experience that makes you the person for this job?

Mass incarceration is a drug policy issue. (nadcp.org)
Maria McFarland Sánchez-Moreno: I don't know that I'm the right person to ask about that, but I will say I have been passionate about drug policy for a long time; it cuts across many of the social justice issues that I've been involved with throughout my career, starting in Colombia documenting atrocities committed by armed groups who were overwhelmingly financed by illicit drugs and for whom trafficking was their reason for existing. I came to realize that if you got rid of the illicit market, you could do serious damage to those groups.

And that continued in my work at HRW's US Program, covering issues like criminal justice and immigration, where you see so many vast problems in this country that are strongly linked to the war on drugs. From mass incarceration to large-scale deportations, a lot of it is people getting convicted of low-level drug offenses. And this also connects to a fundamental matter of justice: People shouldn't face prison time for choices about what they put in their bodies, absent harm to others.

Drug War Chronicle: Does your selection suggest that DPA is going to be even more internationally focused than it is now?

McFarland Sánchez-Moreno: It's too early to say whether we will invest more internationally, but our main focus has to be domestic. We're a national organization with offices in many states, and we want to build on that strength. There's plenty of work to do right here, so we will remain focused on the US. While there is an argument to be made for the importance of international work, you don't need to worry about us shifting away from the home front.

Drug War Chronicle: What are some of the key global drug policy challenges? And where do you see opportunities for positive change?

McFarland Sánchez-Moreno: Both domestically and internationally, there's real momentum around drug reform. After Colombia, Mexico, and Guatemala called for an international discussion of drug policy, which led to last year's UN General Assembly Special Session (UNGASS) on Drugs, the nature of the debate around drugs began to change, and we're seeing real openness to reform in many countries. At the same time, in places like the Philippines or Indonesia, you see serious backsliding, with large scale killings in the name of fighting the war on drugs in the former and use of the death penalty in the latter. And in places like Mexico and Central America, we're seeing very serious violence related to drug prohibition.

The international situation is complex: There are some openings, some room for progress -- and when you have countries like Portugal and Uruguay moving toward reform and potentially setting good examples, that's something to point to here at home -- but we still have very, very serious problems associated with the war on drugs that we need to monitor and speak up about.

Drug War Chronicle: Here in the U.S., it's sort of a paradoxical situation. On the one hand, we have medical marijuana in 29 states, pot decriminalization in 13 or 14, and legalization in eight, with more likely to come in the next year or so. We have state legislatures enacting sentencing reforms and asset forfeiture reforms. At the same time, we have the Trump administration apparently leading federal drug policy down a retrograde prohibitionist path. How do you assess the overall situation?

The fight for legal marijuana will continue. (Creative Commons)
McFarland Sánchez-Moreno: It's similar to the international situation in that there are enormous opportunities for progress around marijuana law reform and harm reduction measures in some places, but we have a federal Justice Department that seems to be intent on doubling down on the war on drugs and using the most draconian measures possible.

All the horrors we're seeing with overdoses is leading many people to do some serious soul-searching about what's the best way to address this problem, so we're seeing some progress on harm reduction measures like access to naloxone, for example. Now, there's room to have some conversations where there wasn't before, such as decriminalizing the possession of all drugs. A few years ago, that would have been a hard conversation to have, but HRW released a report last year calling for it and DPA has just released its own report echoing that call, and there is a real receptiveness in the public to talking about that. We're in a different place now and can make progress at the state and local level.

But that fairly heated rhetoric coming from the attorney general, appealing to people's worst fears and often distorting reality, is a real problem. It's not just about what Sessions says and what policies he adopts at Justice; it's also about that dark narrative starting to take hold, people in other parts of the government thinking its more acceptable to return to those failed policies. It's disturbing to see bills filed that are headed in the wrong direction, like Sen. John Cornyn's (R-TX) Back the Blue Act (Senate Bill 1134). A year ago, he was part of bipartisan sentencing reform. Why is he going the other way now?

And then there's Sen. Dianne Feinstein's Stop the Importation and Trafficking of Synthetic Analogues (SITSA) Act (Senate Bill 1237), which would give Sessions the power to schedule new synthetic drugs without any scientific basis. I think having someone who is so extreme in his views at the Department of Justice is a green light for people in other parts of the government to take us in the wrong direction. This is a major challenge for DPA and the drug reform movement in general, and we will be focusing on that right off the bat.

Drug War Chronicle: Let's talk about racial equity. How do we advance that? Whether it's participation in the legal marijuana industry or sentencing policy or consent decrees to rein in police departments, race is implicated.

McFarland Sánchez-Moreno: It's all bound up with what's coming out of Washington and the broader policies we're talking about. It's hard to disentangle racial justice issues from some of these other issues. We've been working on drug reforms in New Jersey and New York, and one of our biggest concerns has been to ensure that new reforms have a strong focus on empowering the very communities most damaged by the war on drugs. Making sure drug reforms takes that perspective into account and creates new opportunities for those communities is a critical part of our work.

Sessions backing away from consent decrees, the demonization of Black Lives Matter, and all that is very clearly tied to rhetoric coming from the White House and the Justice Department that is designed to stigmatize groups and lump people who use drugs in with drug dealers, with communities of color, with immigrants. They use that demonizing combination to justify very harsh policies that will be devastating to some of the most vulnerable communities in the country. We have to fight back against that; it's a big part of the story here.

And then there's the impact of the drug war on immigration policy. My colleagues at Human Rights Watch documented how a very large number of immigrants -- and not just undocumented ones -- ended up deported because they had a drug conviction, in many cases from many years back. They are torn apart from their families and often sent to places with which they have little connection, countries where they don't even speak the language. It's not just the deported -- their kids, parents, spouses, sibling, all of them suffer serious consequences. It's cruel and senseless.

It's very clear this administration has made immigration enforcement a top priority. Some very extreme portion of its base really views this as a priority. It's hard to talk to them, but most of the country favors immigration reform, and a very large and increasing number of people understand that using the criminal law when talking about drug use is harmful and makes no sense. If we can make progress on drug reform, we also make progress on immigration by reducing the number of people convicted and exposed to deportation. We have to talk about these issues together and work with immigration reform groups and take them on board in our joint fight.

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

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

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

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

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

Medical Marijuana

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

Asset Forfeiture

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

Heroin and Prescription Opioids

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

Harm Reduction

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

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

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

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

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

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

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

Asset Forfeiture

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

Harm Reduction

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

Chronicle AM: Dark Web Drug Sales Site AlphaBay Busted, Owner Kills Self in Jail, More... (7/14/17)

AlphaBay is history, Nevada moves to ease its legal pot shortage, the White House opioid commission misses a deadline -- again -- and more.

Marijuana Policy

Nevada Regulators Approve Emergency Measures to Ease Pot Shortage. The state Tax Commission voted Thursday to let the Department of Taxation to again determine whether limiting marijuana transport licenses to licensed alcohol distributors would result in a shortage of legal marijuana distributors. If the department does make that determination, it could then award transport licenses to previous medical marijuana distributors. "When businesses operate we get the tax revenue and that's what the state wants," testified Deonne Contine, director of the Department of Taxation. "We need to do everything we can to get more distributors licensed so these businesses can continue operating."

Industrial Hemp

Utah Regulators Give Initial Approval for Hemp Research Grows. The state Agricultural Advisory Board on Thursday gave initial approval to a new rule that would allow limited marijuana cultivation for research purposes. The rule would allow anyone with a permit to grow industrial hemp. State universities are already able to cultivate hemp for research purposes under the 2014 federal Farm Bill, but this rule now expands who can grow the plant. The rule is open for public review through the summer and if finalized, would allow the state to begin issuing permits next January.

Heroin and Prescription Opioids

White House Opioid Commission Again Misses Deadline. The president's Commission on Combating Drug Addiction and the Opioid Crisis, led by New Jersey Gov. Chris Christie (R), will miss a second deadline for filing an interim report. Under a Trump executive order establishing the commission, the panel had until June 27 to file its interim report, but failed to do so and said it would on July 17. Now, in a notice printed in the Federal Register Friday, the commission said it would reschedule its July 17 call until July 31, again missing its deadline. The commission has until October 1 to issue a final report.

Law Enforcement

Dark Web Giant AlphaBay Busted, Owner Hangs Himself in Thai Jail. AlphaBay, one of the largest drug sales websites on the Dark Web, has gone dark. It wasn't, as some suspected, a scam and rip-off by the owners, but the result of a joint law enforcement operation by police in Canada, the US, and Thailand. Canadian citizen Alexandre Cazes, identified as AlphaBay's owner, was arrested July 5 in Thailand, where he owned three luxurious homes. He was found hanged in a Thai jail cell Wednesday.

Chronicle AM: Vets MedMJ Vets Advances in Senate, Drug War Bill Advances in House, More... (7/13/15)

Congress is dealing with medical marijuana and drug policy issues, legalization advocates call on New Hampshire's governor to kill a marijuana study commission bill, Rhode Island's governor issues an executive order dealing with the state's opioid crisis, and more.

VA docs could recommend medical marijuana for veterans under legislation moving in the Senate (Sonya Yruel/Drug Policy Alliance)
Marijuana Policy

Alaska's Largest City Wants Social Consumption at Pot Shops. The Anchorage Assembly on Tuesday urged the state Marijuana Control Board to allow tourists and locals to smoke or otherwise consume marijuana at retail stores. The move comes as the board is set to meet in Fairbank later this week. The board is expected to examine several proposals related to consumption in pot shops at that meeting.

Montana Man Challenges State's Standard for Marijuana DUIs. A Billings man facing a vehicular manslaughter charge for an accident while he was allegedly under the influence of marijuana is challenging the state's de jure standard of 5 nanograms of THC per milliliter of blood. Kent Roderick Jensen and his attorney argue that the standard is arbitrary and the charge should be dismissed. "There is no science to back up the 5 ng/mL level as a level that indicates impairment in a sizable enough portion of users to make it a standard for everyone," his attorney wrote in a motion seeking dismissal. The judge in the case has heard oral arguments and received written briefs, but has yet to make a decision.

New Hampshire Governor Should Veto Marijuana Study Commission, Reform Advocates Say. Advocates sent a letter to Gov. Chris Sununu (R) asking him to veto House Bill 215, a bill that would create a study commission to consider marijuana legalization and regulation. The letter, which was signed by leading advocates including the bill's prime sponsor, Rep. Renny Cushing (D-Hampton), notes that, "The commission envisioned by the final bill includes numerous vocal opponents, such as the Association of Chiefs of Police and New Futures, but it does not include any known supporters." The House version of the bill included a representative of the American Civil Liberties Union of New Hampshire and a representative from the Marijuana Policy Project, which would have added some balance to the commission, but the Senate removed those prospective members from the bill.

Wisconsin Lawmaker Files Legalization Bill. Rep. Melissa Sargent (D-Madison) on Thursday announced she would file a marijuana legalization bill. There are no details on it yet. This would be the fourth time she has filed a similar bill.

Medical Marijuana

US Senate Panel Approves Medical Marijuana for Veterans. The Senate Appropriations Committee voted on Thursday to adopt an amendment that would allow military veterans to get medical marijuana recommendations through the Department of Veterans Affairs. The bipartisan measure picked up four more votes than last year in the committee. Then, it was approved by the full House, but killed in conference committee.

Heroin and Prescription Opioids

Rhode Island Governor Signs Executive Order Dealing With Opioid Crisis. Gov. Gina Raimondo (D) was joined by White House acting drug czar Richard Baum on Thursday as she signed an executive order aimed at curbing the "alarming rate of deaths" due to opioid overdoses. The 18-point order includes directives calling for a family task force on impacts of opioid use, expanded access to "sober" homes for people in recovery, and the creation of diversion programs to keep people out of the criminal justice system, among others.

Drug Policy

House Judiciary Committee Approves Bill that Gives Attorney General Sessions Unchecked Power to Ban New Drugs and Set Criminal Penalties. The committee on Wednesday advanced legislation that greatly expands the penalties for new drugs and gives Attorney General Sessions unilateral new powers to schedule drugs. Opponents warned that the legislation is a counterproductive approach to the opioid crisis that will exacerbate mass incarceration and enable Attorney General Sessions to ban hundreds of substances and prosecute people with long federal prison terms in violation of the new drug laws. The measure is House Resolution 2851, the "Stop the Importation and Trafficking of Synthetic Analogues Act of 2017," or "SITSA."

International

Colombia's Coca Crop Substitution Program Faces Same Old Obstacles, Report Finds. A new report from the Colombian Ideas for Peace Foundation casts doubt on the government's ability to eradicate 250,000 acres of coca plantings, saying a vacuum left by the demobilization of leftist FARC guerrillas has not been filled by the state, but is instead being filled by illegal armed drug trafficking groups and paramilitary formations. That means the state is not providing adequate security measures and sustainable alternatives in areas historically hit hardest by decades of armed conflict.

Chronicle AM: Canada Expanding Safe Injection Sites, FL Sued Over MedMJ Smoke Ban, More... (7/6/17)

Canada is expanding the use of safe injection sites, the man behind Florida's successful medical marijuana constitutional amendment is suing the state over a smoking ban enacted by lawmakers, Massachusetts lawmakers continue to struggle with how to implement marijuana legalization, and more.

Vancouver's Insite supervised injection facility (vch.ca)
Marijuana Policy

Massachusetts House Speaker Wants Marijuana Talks Suspended Until Budget is Passed. Legislators locked in a battle over how to implement the state's voter-approved pot legalization law are being told to put the issue on hold until solons can get a budget passed. House Speaker Roberto DeLeo (D), whose chamber is backing a plan that radically increases taxes and would allow localities to ban marijuana businesses without a popular vote, called Wednesday for setting the issue aside to take on the budget. But Senate President Stan Rosenberg (D) countered that the Senate could work on both bills and that "mischief makers are once again at work."

Nevada Opening Pot Sales Exceed Store Owners' Expectations. Legal marijuana sales that began just after midnight Saturday have exceeded the expectations of pot shop operators. Long lines formed in the wee hours Saturday morning, and shops are continuing to report heavy interest, with lines forming again before shops opened for business on Monday. "I'm very happy with the way sales have gone and continue to go, especially when you consider that the word didn't really get out ahead of time," Andrew Jolley, president of the Nevada Dispensary Association and a store owner told Leafly. "The public really only had a couple of weeks' notice, whereas Colorado had a full year to prepare."

Medical Marijuana

Florida Sued Over No Smoking Provision in Medical Marijuana Law. Orlando attorney John Morgan, the mastermind and chief funder of the state's voter-approved medical marijuana law, filed a lawsuit Thursday challenging a legislative ban on smoking medical marijuana. He is asking the courts to throw out the implementing law, saying legislators violated the will of the voters by altering the constitutional amendment they approved last November. "Inhalation is a medically effective and efficient way to deliver Tetrahydrocannabinol (THC), and other cannabinoids, to the bloodstream," the lawsuit argues. "By redefining the constitutionally defined term 'medical use' to exclude smoking, the Legislature substitutes its medical judgment for that of 'a licensed Florida physician' and is in direct conflict with the specifically articulated Constitutional process."

West Virginia Medical Marijuana Law Now in Effect. The state's Medical Cannabis Act went into effect Wednesday, but it could still be months or years before Mountain State patients are able to medicate with marijuana. But now an advisory board has been appointed to create a regulatory framework for medical marijuana regulations, and it could be 2019 before patients are able to legally purchase their medicine.

Drug Testing

Colorado Employers Begin to Walk Away from Testing for Marijuana. Changing social attitudes and a tight labor market are pushing employers in the state to drop screenings for marijuana from pre-employment drug tests, said a spokesman for the Mountain States Employers Council. "We're finding that for employers, it's such a tight labor market, that they can't always afford to have a zero-tolerance approach to somebody's off-duty marijuana use, Curtis Graves told Colorado Public Radio.

Harm Reduction

Mississippi Law Easing Naloxone Access Now in Effect. As of July 1, health care providers can write "standing prescriptions" for the opioid overdose reversal drug for family members of people strung out on opioids. "This will save many lives," said Rep. Tommy Reynolds (D-Water Valley).

International

Canada Expanding Safe Injection Sites. Once there was only InSite, the Vancouver safe injection site under constant assault from the Conservative federal government. But now, the Liberals are in power, and the number of safe injection sites has expanded to seven, including three in Montreal and another in Vancouver. Another Montreal site is set to open soon, and so are three in Toronto, with more than a dozen other potential sites being considered.

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

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

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

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

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

Asset Forfeiture

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

Heroin and Prescription Opioids

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

International

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

Chronicle AM: Key MJ Issues Dividing MA Pols, Some Coca Diverted, Says Morales, More... (6/27/17):

Massachusetts lawmakers are slugging it out over what legalization will look like this week, Bolivia's president acknowledges and decries the diversion of coca to the black market, and more.

Evo acknowledges and decries the diversion of Bolivian coca to the black market, and says he enjoys coca flour. (Wikimedia)
Marijuana Policy

Massachusetts Legalization Implementation: What Divides the House and Senate. As legislators work this week to seek compromise between competing legalization implementation bills passed by the House and Senate, six major issues are at play. They are: tax levels (the House wants more), whether localities need to put marijuana bans to a popular vote, expungement of past marijuana convictions (the House doesn't address it; the Senate does), governance structures, safety and packaging regulations, and racial equity provisions.

Virginia Marijuana Driving Law Goes Into Effect on Saturday. A law that ends automatic drivers' license suspensions for marijuana offenders goes into effect Saturday. Instead, judges will have the option of ordering community service instead of license suspension for marijuana offenders who were not behind the wheel when busted.

Heroin and Prescription Opioids

Kentucky Tighter Opioid Prescribing Rules Go Into Effect Friday. A new law restricting the prescribing of Schedule II opioids goes into effect Friday. Under the new law, patients being treated for acute pain will be prescribed no more than a three-day supply, with a number of specified exceptions.

International

Bolivia's Morales Acknowledges, Decries Coca Being Diverted to Black Market. In his closing remarks at last weekend's Coca Fair in Cochabamba, Bolivian President Evo Morales acknowledged and decried the diversion of coca into the cocaine black market. "Unfortunately, part of the coca crop goes to an illegal coca market in the West," Morales said. He also called for continued coca industrialization, saying it would bring economic benefits to Bolivia, and revealed that he consumes coca flour daily. "I'm not ashamed, since last year I have eaten coca flour twice a day, that's how I can build up my stamina," he said.

Chronicle AM: Koch Bros Critical of Trump Drug Policies, FL Drug Treatment Fraud, More... (6/26/17)

Florida's medical marijuana regulatory system is now set, the conservative Koch network has some issues with Trump drug war policies, Support Don't Punish marches are going on worldwide, there's something rotten in the Florida drug treatment complex, and more.

Demonstrators took to the streets in more than 200 cities around the globe Monday to call for drug reforms.
Marijuana Policy

Alaska Regulators to Revisit On-Site Consumption Next Month. The state Marijuana Control Board will look at three different options for on-site marijuana use at its meeting next month. One proposal would allow people to try marijuana at retail shops before leaving. Another proposal would allow consumption of edibles, but wouldn't allow smoking. A third proposal would limit on-site use to pot purchased at the site. But none of it is likely to happen before 2018, since the matter won't come up for a vote until August, and there's a 30-day public comment period after that.

Medical Marijuana

Arkansas to Begin Accepting Medical Marijuana Applications. The state Medical Marijuana Commission will begin accepting applications from potential medical marijuana growers and distributors as of this Friday, while the state Health Department will begin accepting applications from patients the same day.

Florida Governor Signs Medical Marijuana Implementation Bills. Gov. Rick Scott last Friday signed into law Senate Bill 6A and Senate Bill 8A, which formalize the voter-approved constitutional amendment legalizing medical marijuana in the state and set up regulations for the new industry.

Utah Advocates Begin Medical Marijuana Initiative Campaign. Medical marijuana supporters organized as the Utah Patients Coalition delivered a proposed initiative to the lieutenant governor's office Monday. Frustrated by the state legislature's refusal to enact a medical marijuana law, the coalition wants to take the issue directly to voters. To qualify for the November 2018 ballot, supporters must hold at least seven public hearings around the state and collect 113,000 valid voter signatures. The measure would not allow smoking medical marijuana and the number of medical marijuana facilities would be limited. It creates a list of specified qualifying conditions.

Drug Policy

Koch Network Critical of Trump Administration on Drug Policy. The conservative Koch brothers political network isn't happy with Trump administration drug policy. At a meeting in Colorado over the weekend, one of the network's top leaders, Mark Holden, decried the administration's return to "the harsh sentencing era of the war on drugs" and added that "You are never going to win the war on drugs. Drugs won." Holden went on to criticize Attorney General Sessions' directive to reevaluate marijuana policies, saying "it's legal in a number of states, so we have to come to grips with that somehow" and that medical marijuana should be "off limits" in any federal crackdown.

Drug Treatment

Florida's Billion Dollar Drug Treatment Industry is Plagued With Fraud and Overdoses. An NBC News investigative report has found crooked treatment centers have created an "insurance fraud mill" by partnering with "body brokers" and operators of "sober homes" to find patients with good health insurance and then billing insurance companies tens of thousands of dollars "for often questionable counseling, costly and potentially unnecessary drug screens, and exotic laboratory tests." And some treatment centers actually encourage drug use because for them, relapse doesn't mean failure, it means more profits.

International

Thousands Take to Streets in Global Drug Reform Day of Action. Thousands of people took to the streets in more than 200 cities in more than 90 countries as part of the Support Don't Punish campaign's "Global Day of Action." Events range from concerts and debates in Belgium, to a float parade and dialogue with parliamentarians in Ghana, a capacity building workshop for religious leaders in Mauritius, drug user and NGO gatherings in Malaysia, Lithuania, Canada and Australia, street art in Portugal, Bolivia, Ecuador and Montenegro, a 250km bike tour to sensitize the general public in India, a football tournament between people who use drugs and service providers in Morocco, the launch of a global call in support for harm reduction in Brazil, and much, much more.

One Year Later, Philippines Drug War Has Killed Thousands, Yet Meth is Cheaper. Philippines President Rodrigo Duterte took power last June 30 and immediately embarked on a brutal campaign to end drug abuse that has left an estimated 9,000 people dead, but the street price of meth has fallen and Filipinos are still as anxious as ever about crime. "If prices have fallen, it's an indication that enforcement actions have not been effective," said Gloria Lai of the International Drug Policy Consortium, a global network of non-governmental groups focused on narcotics.

Drug War Issues

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