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Medical Marijuana Update

With a stroke of the governor's pen, Maryland becomes the 21st medical marijuana state. Meanwhile, those CBD medical marijuana bills continue to move. And more. Let's get to it:

Alabama

Last week, Gov. Robert Bentley (R) signed into law a limited CBD medical marijuana bill. Known as Carly's Law, Senate Bill 174 creates an affirmative defense for patients suffering from debilitating epileptic conditions -- or their caregivers -- for the possession and use of marijuana extracts that are high in CBD (a component of marijuana). It is a strong endorsement by Alabama lawmakers of the medical benefits of marijuana. Unfortunately, the law suffers from several fatal flaws that render it ineffective.

Arkansas

On Monday, Attorney General Dustin McDaniel rejected a medical marijuana initiative again. He rejected the popular name and ballot title for the Arkansas Medical Cannabis Act. These are the same folks that put the Arkansas Medical Marijuana Act on the ballot in 2012, but this year, another group, Arkansans for Responsible Medicine has claimed that initiative title. The 2014 Arkansas Medical Marijuana Act is now in the signature-gathering phase.

California

On Tuesday, the Vallejo city council agreed to extend a ban on taxing dispensaries. City officials sought the one-year extension to allow more time to draft regulations for the location and operation of dispensaries, now unregulated and outside city zoning laws. The city has wrestled with the issue since 2011, when voters overwhelmingly approved taxing dispensaries even though the city doesn't recognize them as legitimate businesses. Meanwhile, the police department has conducted raids on several dispensaries, but the cases fell apart in the courts after defense lawyers argued the collectives were following state laws. City officials estimated there are as many as two dozen dispensaries operating in Vallejo without city permission.

Colorado

On Monday, a bill to add PTSD to the list of qualifying conditions was introduced. Rep. Jonathan Singer (D-Longmont), who's been actively involved in marijuana issues, introduced HB 1364, which would add post-traumatic stress disorder (PTSD) to the list of medical conditions that qualify patients for access to medical marijuana.

Kentucky

Last Thursday, Gov. Steve Beshear (D) signed into law a a limited CBD medical marijuana bill. The measure, Senate Bill 124, which allows the hospitals at the University of Kentucky and University of Louisville to provide oil derived from marijuana and hemp to children who suffer from certain severe seizures. The benefits also could apply to adults.

Maryland

On Monday, Gov. Martin O'Malley (D) signed into law a full-fledged medical marijuana bill, making Maryland the 21st medical marijuana state. The measure is House Bill 881.

Minnesota

Last Thursday, a Senate panel heard, but then tabled, a medical marijuana bill. The Senate Committee on Health, Human Services and Housing held a hearing on a bill that would allow qualified patients to possess up to 2 ½ ounces of marijuana and buy it from a dispensary. But the committee took no action on Senate File 1641, tabling it until legislators return from the Easter/Passover break.

On Monday, a new poll had support for medical marijuana in the state at 68%. The latest KSTP-TV/SurveyUSA poll asked, "Do you think Marijuana should or should not? be legal ... when used for medical purposes?"

Oregon

As of Monday, at least 71 Oregon cities have moratoriums on medical marijuana dispensaries, and more than 40 others are considering bans, according to the League of Oregon Cities and the Association of Oregon Counties. The legislature allowed local governments to impose a one-year ban, if enacted by May 1. The law also gives local governments the ability to regulate when and where pot shops may operate. The state has 242 incorporated cities and 36 counties.

Tennessee

Last Wednesday, the state Senate approved a CBD medical marijuana study bill. The measure, which was added as an amendment to House Bill 2461, would authorize a limited, four-year study of the effectiveness of cannabis oil on certain types of intractable seizures.

Last Thursday, the House approved the bill. It now goes to the desk of Gov. Bill Haslam (R).

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

Chronicle AM -- April 16, 2014

President Obama commutes a marijuana offender's sentence, organized opposition to a legalization initiative emerges in Alaska, draconian heroin bills are moving in Louisiana, and more. Let's get to it:

Heroin would get you even more time under draconian bills moving in Louisiana. (wikimedia.org)
Marijuana Policy

Denver Crime Rate Drops in First Months of Legal Marijuana Sales. According to crime statistics from the Denver Police, crime is down over the previous year in the first three months of legal marijuana sales there. Violent crime (including homicide, sexual assault, robbery, and aggravated assault) fell by 6.9% in the first quarter of 2014, compared with the same period in 2013. Property crime (including burglary, larceny, auto theft, theft from motor vehicle and arson) dropped by 11.1%.

Alaska Legalization Initiative Gets Organized Opposition. An organized opposition group has emerged to campaign against the Alaska legalization initiative. A group calling itself "Big Marijuana, Big Mistake, Vote No on 2" officially filed with the Alaska Public Offices Commission last week. The group includes only a handful of Alaskans and says it is not affiliated with Project SAM, the anti-legalization group that has been playing up the "Big Marijuana" theme across the country.

Legalization Bill Filed in New Jersey Assembly. Assemblywoman Linda Stender (D-Scotch Plains) and Assemblyman Reed Gusciora (D-Trenton) have filed Assembly Bill 3094 to legalize marijuana. The bill is companion legislation to Senate Bill 1986, which was filed by Sen. Nick Scutari (D-Linden) earlier this session.

Medical Marijuana

Tennessee Legislature Approves CBD Medical Marijuana Study Bill. The House voted 97-0 Monday to approve Senate Bill 2531, which would create a four-year study of the use of CBD cannabis oil in treating intractable seizures. The measure passed the Senate last week, and now goes to the desk of Gov. Bill Haslam (R).

Methamphetamine

Tennessee Senate Passes Pseudoephedrine Restriction Bill. A bill that would restrict non-prescription purchases of OTC cold medications containing pseudoephedrine, a precursor chemical in meth manufacture, passed the Senate Tuesday. The bill would cap purchases at 4.8 grams per month and 14.4 grams per year of allergy and cold medicines like Sudafed that could be bought without a prescription. The Senate version differs from the House version in the allowable amounts. The House version has already passed, too, so the two will have to be reconciled before final passage.

Heroin

Draconian Heroin Bill Passes Louisiana Senate Committee. A bill to increase maximum penalties for heroin offenses from 50 to 99 years received approved Tuesday from the Senate Judiciary Committee. Senate Bill 87, sponsored by Sen. Dan Claitor (R-Baton Rouge), now heads for the Senate floor. Another draconian heroin bill, House Bill 332, sponsored by state Rep. Joe Lopinto (R-Metairie) would double mandatory minimums for heroin use and distribution. The full House passed that bill 94-1, and it will now be heard in the Senate.

Sentencing

President Obama Commutes Sentence for Marijuana Offender. President Obama Tuesday granted clemency to a marijuana offender sentenced to too much time because of a typographical error. Ceasar Huerta Cantu had been sentenced to 180 months in federal prison for marijuana distribution conspiracy and money laundering. Obama commuted the sentence to 138 months, which is what it would have been had his initial sentence been calculated correctly. That means Huerta will get out more than three years early. Obama commuted only one sentence in his first term but has been using the power more in his second.

International

Mexico Anti-Cartel Militias Refuse to Lay Down Arms. The so-called autodefensa militias in the southwest Mexican state of Michoacán -- which took up arms against the Knights Templar cartel more than a year ago -- are now refusing the government's demand to put down their weapons. The government had allowed them to keep their arms and integrate into the security forces, but early this month, announced its intention to disarm all civilians in the state. But the militias say they will disband only once the leaders of the Knights Templar Cartel are killed or arrested. "We prefer to die at the hands of the government than at the hands of a goddamned son of a bitch who dismembers and butchers you -- without releasing even a fingernail to your family. Because, that's what the criminals do," one militia leader told VICE News.

Chronicle AM -- April 15, 2014

The Obama administration punts on marijuana rescheduling, Maryland's decrim excludes paraphernalia (for now), sneaky DEA tactics are being challenged in Arizona, fears of more cartel violence in Mexico, and more. Let's get to it:

Under Maryland's new decrim law, the pot won't get you busted, but the pipe could. (wikimedia/erik fenderson)
Marijuana Policy

Attorney General Holder Signals Administration Won't Reschedule On Its Own, Wants to Work With Congress. In an interview with The Huffington Post last Friday, Attorney General Eric Holder said the Obama administration would not act unilaterally to reschedule marijuana. "I think that given what we have done in dealing with the whole Smart on Crime initiative and the executive actions that we have taken, that when it comes to rescheduling, I think this is something that should come from Congress," Holder said. "We'd be willing to work with Congress if there is a desire on the part of Congress to think about rescheduling. But I think I'd want to hear, get a sense from them about where they'd like to be."

Maryland Decriminalization Doesn't Include Paraphernalia. The decriminalization bill signed into law by Gov. Martin O'Malley (D) yesterday does not decriminalize the possession of pipes, papers, and other marijuana-smoking paraphernalia. Bill sponsor Sen. Bobby Zirkin (D-Baltimore County) said he intentionally left intact the criminal penalties for having marijuana accessories. He said it could help ensure that if police see marijuana accessories in someone's car, they still have legal grounds to search the car for items like guns and heroin. But he also said the legislature would consider eliminating the paraphernalia penalties next year. In the meantime, prosecutors are trying to figure out how to proceed.

Rhode Island House Committee to Hold Hearing on Bill That Would Regulate and Tax Marijuana Like Alcohol. The House Committee on Judiciary is scheduled to hold a hearing Wednesday on a bill that would regulate and tax marijuana similarly to alcohol. House Bill 7506, sponsored by Rep. Edith Ajello (D-Providence), would allow adults to possess up to one once and grow one plant, as well as establishing a system of legal marijuana commerce. A press conference will precede the committee hearing. Click on the link for more details.

Medical Marijuana

Alabama Governor Signs Limited CBD Medical Marijuana Bill. Gov. Robert Bentley (R) has signed into law Senate Bill 174, also known as Carly's Law. The measure creates an affirmative defense for patients suffering from debilitating epileptic conditions -- or their caregivers -- for the possession and use of marijuana extracts that are high in CBD. But it doesn't do anything for other medical marijuana patients.

Minnesota Poll Has Support for Medical Marijuana at 68%. A new KSTP-TV/SurveyUSA poll finds that 68% of registered voters surveyed think marijuana should be legal when used for medical purposes. The poll comes as legislators struggle to push through a bill in St. Paul.

More Than 70 Oregon Cities Have Dispensary Moratoriums. At least 71 Oregon cities have moratoriums on medical marijuana dispensaries, and more than 40 others are considering bans, according to the League of Oregon Cities and the Association of Oregon Counties. The legislature last year passed a dispensary regulation bill, but some localities don't want dispensaries. The new law, however, only allows the moratoriums to stay in place for one year. The state has 242 incorporated cities and 36 counties.

Law Enforcement

Arizona "Whisper Stop" Highway Drug Busts Set Up Constitutional Clash. Defense attorneys in Arizona are challenging "whisper stop" highway drug busts, in which the DEA wants to arrest someone they suspect of trafficking drugs, but don't want to alert possible co-conspirators. In such cases, the DEA alerts local and state police to make the stop, but police and prosecutors have been remiss in failing to inform defendants and their attorneys about the reason for the stop, violating the Brady rule, which requires full disclosure of evidence that might help defendants by prosecutors. "We're about to have a big clash on this," said a Flagstaff defense attorney challenging the conduct. Click on the link for more details.

International

DC Event on "Politics of Crime in Mexico" Tomorrow. The Woodrow Wilson Center for International Scholars and the Inter-American Dialogue are hosting an event tomorrow to present the new book "The Politics of Crime in Mexico: Democratic Governance in a Security Trap," by John Bailey. Click on the link for more details and to RSVP.

Mexican Cartel Conflict Expected to Heat Up in Tamaulipas. At least 30 people have been killed in recent days in fighting pitting factions of the Gulf Cartel against each other in the northeastern state of Tamaulipas. Most of those killing took place around Tampico, in the far south of the state, but in Mexican border towns like Nuevo Laredo, the Zetas are being blamed for an uptick in kidnappings and extortion. Now, there are fears the Zetas could make moves to try to eliminate the Gulf Cartel once and for all, when it is doubly weakened: by the infighting following the arrest of a major Gulf Cartel leader, and by the February arrest of Sinaloa Cartel head Joaquin "El Chapo" Guzman, who was aiding the Gulf Cartel against the Zetas.

Bermuda Medical Cannabis Activist Asks Jamaica Health Minister for Legal Shipment of Medical Ganja Oil. Bermuda medical marijuana advocate Alan Gordon has sent an open letter to Jamaica's health minister asking for a permit to export enough cannabis oil extract to supply some 300 Bermuda cancer patients with a 2-3 month supply. Gordon said that Bermuda's Cabinet has previously approved import permits from elsewhere on a per-patient basis, but were experiencing trouble with availability, price and quality which Jamaica seems well suited to alleviate. Gordon has also specified that the oil must be grown organically by Rastafarians, as a matter of social justice and "fair trade" principles. Gordon says he is not a Rastafarian but says that after the gravely ill patients, first consideration must be given to Rastafarians as a way of expressing society's remorse for oppression of Rastafarians under the old laws. No response yet from Jamaica.

Chronicle AM -- April 14, 2014

Maryland decriminalizes and becomes a medical marijuana state, a Tennessee hemp bill awaits the governor's signature, a Kentucky omnibus heroin bill appears dead for the session, a campaign is underway to free a Missouri marijuana lifer, and more. Let's get to it:

billboard for Missouri marijuana lifer Jeff Mizanskey
Marijuana Policy

Maryland Governor Signs Decriminalization Bill. Gov. Martin O'Malley today signed into law Senate Bill 364, making Maryland the 18th decriminalization state. The new law makes possession of less than 10 grams of marijuana a civil offense punishable by a fine of up to $100 for a first offense, up to $250 for a second offense, and up to $500 for subsequent offenses. Third-time offenders and individuals under 21 years of age will be required to undergo a clinical assessment for substance abuse disorder and a drug education program. The measure will officially go into effect on October 1.

Medical Marijuana

Maryland Governor Signs Medical Marijuana Bill. Gov. Martin O'Malley (D) today signed into law House Bill 881, making Maryland the 21st state with a full-fledged medical marijuana law. The bill allows Maryland residents suffering from qualifying conditions to use medical marijuana upon a doctor's recommendation. Possession limits and regulations governing cultivation and dispensary facilities will be determined by a state-sanctioned commission prior to implementation. The measure will officially go into effect on June 1.

Kentucky Governor Signs Limited CBD Medical Marijuana Bill. Gov. Steve Beshear (D) last Thursday signed into law Senate Bill 124, which will allow the limited use of CBD cannabis oil. Physicians at state research hospitals will be able to recommend use of the drug.

Colorado Bill Would Add PTSD to List of Qualifying Medical Conditions. Even though marijuana is legal in Colorado, one lawmaker, Rep. Jonathan Signer (D-Longmont) has introduced a bill, House Bill 1364, to add post-traumatic stress disorder (PTSD) to the state medical marijuana program's list of qualifying conditions. Because PTSD affects many veterans, who receive federal benefits, Singer said it's important to provide them with the ability to qualify under the state's medical marijuana law.

Arkansas Attorney General Rejects Medical Marijuana Initiative Again. Attorney General Dustin McDaniel has again rejected the popular name and ballot title for the Arkansas Medical Cannabis Act. These are the same folks that put the Arkansas Medical Marijuana Act on the ballot in 2012, but this year, another group, Arkansans for Responsible Medicine has claimed that initiative title. The 2014 Arkansas Medical Marijuana Act is now in the signature-gathering phase.

Vermont Lawmakers Advance Dispensary Bill, But Reject Adding PTSD to List of Qualifying Conditions. A bill that would create dispensaries in Vermont has passed out of the House Human Services Committee, but the committee rejected an effort to add PTSD to the list of qualifying conditions. The measure is Senate Bill 247. It has already passed the Senate.

Hemp

Tennessee Hemp Bills Awaits Governor's Signature. Senate Bill 2495 and House Bill 2445, which would reclassify and regulate industrial hemp, have passed the legislature and await the signature of Gov. Bill Haslam (R). The bills would allow Tennessee farmers to grow hemp for research and development purposes. Earlier this year Congress approved language in a federal farm bill that would allow the cultivation of industrial hemp in the agricultural pilot programs in states that have already passed hemp measures.

Heroin

Kentucky Omnibus Heroin Bill Appears Dead. A bill that responded to heroin use and sales in the Bluegrass State through a combination of increased treatment, overdose prevention, and harsher criminal penalties will not pass this session, a key legislator said. "There's basically no time left to pass it," Sen. Jared Carpenter (R-Berea), cosponsor of Senate Bill 5, said Friday. It had passed the state Senate, but got stalled in the Judiciary Committee in the Democrat-controlled House. The session ends tomorrow.

Law Enforcement

DEA in Illinois Spying on Indoor Garden Stores. The DEA in Illinois has investigated and raided at least two people after watching them make purchases at a legal local gardening center. Both had shopped at Midwest Hydroganics in Crest Hill. One, Angela Kirking, said she and her pet terrier woke to find four flak-jacketed DEA agents and five Shorewood cops in the bedroom of her Ranchwood Drive home at 5:00am on Oct. 11. At least one of the agents held her at gunpoint before 9 grams were allegedly found. A second person, a man from Channahon, was raided and charged with growing marijuana after shopping at Midwest Hydroganics. In both cases, the DEA took interest after it spotted them shopping at the store. Federal investigators then rooted through garbage and compared utility bills to get search warrants. Kirking's attorney said he is challenging the warrants and that he has heard of more cases linked to DEA spying on a legal business since the story broke.

A Quarter Million Immigrants Have Been Deported For Non-Violent Drug Crimes, Report Finds. The report, an analysis of federal immigration data conducted by the Transactional Records Access Clearinghouse at Syracuse University, details how roughly 40,000 people have been deported for drug law violations every year since 2008. That means that nearly 250,000 -- one-quarter of a million -- people were deported for nonviolent drug offenses in just the past six years. A nonviolent drug offense was the cause of deportation for more than one in ten (11%) people deported in 2013 for any reason -- and nearly one in five (19%) of those who were deported because of a criminal conviction. The report reveals that simple marijuana possession was the fourth most common cause of deportation for any crime, and the most common cause of deportation for crimes involving drugs. On average, more than 6,600 people were deported in each of the last two years just for personal marijuana possession, and overall, nearly 20,000 people were deported last year for simple possession of any drug or drug paraphernalia.

Florida Bill to Raise Drug Possession Thresholds Passes House. The House has passed a bill increasing the weight threshold for trafficking in oxycodone and hydrocodone in a move to ease what have been called overly harsh sentencing guidelines. Senate Bill 360 moves the current threshold of four grams of either drug to seven grams of oxycodone and 14 grams of hydrocodone.

Sentencing

Campaign On to Free Missouri Marijuana Lifer. The ongoing campaign to win the release of Jeff Mizansky, the only man in Missouri serving a life-without-parole sentence for a nonviolent marijuana charge, are continuing this month with help from Show-Me Cannabis and Change.org. Show-Me Cannabis has bought billboard space on I-70 near Kansas City (and near Sedalia, where Mizanskey was arrested) to bring attention to his case, and a Change.org petition calling for his release now has more than 360,000 signatures. Mizansky has three convictions, all for marijuana. Campaigners will hold a press conference at the state capitol on April 28.

International

New WOLA Report on Colombia's Peace Prospects Released. As negotiations between the leftist FARC guerrillas and the Colombian government continue, the Washington Office on Latin America (WOLA) has released a new report, Ending 50 Years of Conflict in Colombia, that analyzes the prospects for a peace accord and the challenges that will follow. Click on the title link to read the report.

Maryland Becomes 18th Decrim State, 21st Medical Marijuana State

With Gov. Martin O'Malley's signature today on two bills passed by the legislature, Maryland decriminalized marijuana possession and becomes a full-fledged medical marijuana state.

House Bill 881 is the medical marijuana bill. It allows Maryland residents suffering from qualifying conditions to use medical marijuana upon a doctor's recommendation. Possession limits and regulations governing cultivation and dispensary facilities will be determined by a state-sanctioned commission prior to implementation. The measure will officially go into effect on June 1.         

Senate Bill 364 makes possession of less than 10 grams of marijuana a civil offense punishable by a fine of up to $100 for a first offense, up to $250 for a second offense, and up to $500 for subsequent offenses. Third-time offenders and individuals under 21 years of age will be required to undergo a clinical assessment for substance abuse disorder and a drug education program. The measure will officially go into effect on October 1.

The Marijuana Policy Project was among groups pushing for both bills, but it isn't resting on its laurels.

“It’s time for legislators to take a long, hard look at replacing marijuana prohibition with a system in which marijuana is regulated and taxed,” said MPP legislative analyst Rachelle Yeung. “Marijuana should be sold by licensed businesses, not criminals in the underground market.”

I predict that will happen in 2017, after the next two rounds of legalization initiatives start to convince legislators that they need to hop on the bandwagon.

 

 

Location: 
Annapolis, MD
United States

Chronicle AM -- April 11, 2014

A DC marijuana legalization initiative is about to start signature-gathering, we have a trio of state pot polls, the US Sentencing Commission moves to cut drug sentences, German criminal law professors call for marijuana legalization, and more. Let's get to it:

Marijuana Policy

DC Legalization Initiative Signature Gathering to Get Underway. Signature gathering for the District of Columbia marijuana legalization initiative will begin April 23, the DC Cannabis Campaign said this week. The campaign needs 25,000 valid signatures by July 7 to qualify for the November ballot. An Alaska legalization initiative has already qualified for the ballot there; DC and Oregon now look like the best chances for more legalization initiatives qualifying for the ballot this year.

Louisiana Poll Has Support for Legalization at 44%. The 2014 Louisiana Survey has support for marijuana legalization at 44%, with 54% opposed. Support for medical marijuana was much higher, at 79%. The survey is conducted annually by the Public Policy Research Lab, or PPRL, and sponsored by the Reilly Center for Media & Public Affairs in the LSU Manship School of Mass Communication.

New Hampshire Poll Has Support for Legalization at 55%. There is solid majority support for legalization in the Granite State. A new WMUR Granite State Poll found found 55% of adults in the state support legalizing the possession of small amounts of marijuana for personal recreational use. Only 38% oppose legalization. Support for legalization is up seven points in the last 14 months.

Rhode Island Poll Has Support for Legalization at 48%. More Rhode Islanders support legalization than oppose, but it doesn't quite have majority support just yet, according to a new Brown University poll. The survey has 47.6% supporting legalization, with 39.3% opposed.

Rhode Island Report Says State Could Generate Tens of Millions in Legal Marijuana Tax Revenue. Maybe this will get those poll numbers up. A new report from Open Doors, a local criminal justice reform group, estimates that if the state were to pass a tax and regulate legalization bill, it could gain between $21.5 and $82 million in annual tax revenues. A legal marijuana industry would also create hundreds of new jobs in the state, the report found.

Medical Marijuana

Minnesota Medical Marijuana Bill Gets Senate Committee Hearing, No Action Taken. The Senate Committee on Health, Human Services and Housing held a hearing Thursday on a bill that would allow qualified patients to possess up to 2 ½ ounces of marijuana and buy it from a dispensary. But the committee took no action on Senate File 1641, tabling it until legislators return from the Easter/Passover break.

Tennessee Senate Passes CBD Medical Marijuana Study Bill. The Senate Wednesday approved a CBD medical marijuana study bill. The measure would authorize a limited, four-year study of the effectiveness of cannabis oil on certain types of intractable seizures. A vote is pending in the House.

Drug Policy

Rev. Al Sharpton's National Action Network Convention To Address Drug War. The largest civil rights convention of the year has the war on drugs on its agenda. A panel called "Up in Smoke: Banning of Menthol, Legalization of Marijuana & Criminalization of African Americans" will address racial justice and the war on drugs Saturday. The convention started Wednesday and continues through Monday. Click on the link for all the details.

Salvia Divinorum

Rhode Island Bill to Ban Salvia Divinorum, Jimson Weed Advances. A bill that would ban the hallucinogenic drugs salvia divinorum and jimson weed has passed the House. House Bill 7191, sponsored by Rep. Arthur Corvese (D-Providence) seeks to target unregulated substances by prohibiting them. It now goes to the state Senate.

Law Enforcement

Maine Drug War Enhancement Bill Passes House. The House approved an amended version of Gov. Paul LePage's (R) bill to respond to drug problems in the state by increasing drug law enforcement. Legislative Document 1811 was amended by the Criminal Justice and Public Safety Committee to add funding for drug treatment and reduce the number of new drug agents, prosecutors and judges to be hired, but is still opposed by groups like the ACLU of Maine. The bill now moves to the Senate.

NYPD's Most Sued Narc Is Off the Streets. Detective Peter Valentin of Bronx Narcotics is off the streets. Valentin, who has been sued at least 28 times since 2006, and three of his colleagues have been placed on modified duty after an Internal Affair Bureau investigation for taking part in drug raids "of dubious merit." The city has already paid out at least $884,000 to settle lawsuits sparked by Valentin's misbehavior, including a case where a nursing mother spent a week on Rikers Island after Valentin arrested her for drug possession even though she truthfully stated that the powder he found in her home was powdered eggshells, not drugs. Dozens of cases in which Valentin and his crew were involved are now in jeopardy.

Collateral Sanctions

Missouri Could End Lifetime Food Stamp Ban for Drug Offenders. Missouri is one of only 10 states that have not opted out of a lifetime federal ban on food stamps for people with drug felonies, but that could change this year. A bill to end the ban, Senate Bill 680, passed the Senate last week and appears to have bipartisan support in the House. Bill sponsor Sen. Kiki Curls (D-Kansas City) said she accepted amendments imposing some restrictions -- retaining the ban for three-time drug felons, requiring a one-year wait for eligibility -- as necessary to move the bill forward.

Sentencing

US Sentencing Commission Votes to Reduce Guidelines for Drug Sentences. The US Sentencing Commission voted Thursday to reduce sentencing guidelines for certain people convicted of nonviolent drug offenses. The amendment would reduce the average sentence for drug traffickers by 11 months, by lowering the drug sentencing guidelines two levels. Attorney General Eric Holder endorsed the change during testimony before the commission last month. The amendment will go to Congress for its approval on May 1. Congress has six months to introduce and pass legislation to stop the proposed changes before they become law on November 1.

International

German Criminal Law Professors Call for Marijuana Legalization. Over 120 German professors of criminal law are supporting an initiative to legalize cannabis. They have called on the Bundestag to discuss the issue. The professors are part of the "Schildow Circle," founded two years ago by Lorenz Bollinger, professor emeritus of criminal law at Bremen University. Prime Minister Angela Merkel's coalition is skeptical.

Denmark Opens More Safe Injection Sites. Denmark's first safe injection site for hard drug users opened in October 2012. Now there are three in Copenhagen and at least one in each of Denmark's main cities. They have never had a fatal drug overdose on site.

Mexico Intra-Cartel Clashes Leave 28 Dead. At least 28 people have been killed in clashes between rival factions of the Gulf Cartel in northeastern Tamaulipas state since last weekend. Authorities described the fighting as "clashes or score-settling between criminal groups." The fighting comes after the February arrest of local Gulf Cartel leader Javier Garza, "El comandante 14."

Drug Bill in Australia's Capital Territory Will Ban New Drugs, Adjust Quantities That Trigger Dealing Charges. Under legislation proposed yesterday, Australia's Capital Territory (greater Canberra) will increase the quantity of drugs needed to trigger trafficking charges in a bid to separate out users from dealers. The amount of Ecstasy needed to trigger such charges would double, while the amount of cocaine would triple. The bill would also deal with new synthetic drugs by banning them, instead of regulating them, as neighboring New Zealand has done.

Medical Marijuana Update

Medical marijuana remains on the agenda at statehouses across the country, Oregon communities decide whether to bother with temporary dispensary moratoriums, DC looks to expand its medical marijuana program, and more. Let's get to it:

Arizona

Last Thursday, medical marijuana advocates began a recall effort against state Sen. Kimberly Yee for blocking funding of a study of marijuana as a treatment for PTSD in veterans. The Phoenix NORML affiliate and the Arizona Veterans Assistance Committee have undertaken a campaign to make the Phoenix Republican pay a price. They'll need to collect 18,297 signatures from Legislative District 20 by August 2.

California

Last Thursday, a district judge upheld Bakersfield's ordinance banning dispensaries. A group called Concerned Citizens for Bakersfield had filed a lawsuit to block it, arguing that the city hadn't complied with environmental requirements, but the judge wasn't buying it.

Also last Thursday, Assemblyman Tom Ammiano reintroduced his medical marijuana regulation bill. The San Francisco Democrat's new bill is Assembly Bill 1894. The previous version, Assembly Bill 604 had been pending in the Senate. The major change is the addition of language authorizing limited local transaction and use taxes.

Connecticut

Last Thursday, Connecticut picked locations for six dispensaries. The state Consumer Protection Commissioner announced that facilities in Branford, Bridgeport, Bristol, Hartford, South Windsor and Uncasville had been authorized by the state's medical marijuana program to dispense Connecticut-produced marijuana products.

District of Columbia

On Tuesday, a medical marijuana expansion bill was filed. The bill, sponsored by Councilmembers Yvette Alexander and David Grosso, would permit doctors to recommend medical marijuana to patients suffering from any condition for which it provides medical benefits. Patients would then be allowed to apply to the Department of Health for acceptance in the District's medical marijuana program. All 13 members of the council are now cosponsors.

Illinois

Last Wednesday, a CBD medical marijuana bill passed the Senate. The bill would allow children to use high-CBD cannabis oil to treat epilepsy. Filed by Sen. Iris Martinez (D-Chicago), Senate Bill 2636 now heads for the House.

Maryland

On Monday, the state legislature passed a medical marijuana expansion bill. The bill would create 15 licenses for medical marijuana growers. The measure is Senate Bill 963. It also would allow dispensaries to operate and let growers sell the medicine directly. Passage of the bill into law would make Maryland a full-fledged medical marijuana state.

Minnesota

Last Thursday, medical marijuana supporters unleashed TV ads attacking Gov. Dayton for opposing medical marijuana. An aggressive TV ad targeted the DFL governor after he told a St. Paul mother and her seizure-ridden child to just find medical marijuana on the street!

On Tuesday, medical marijuana supporters tried to attach their stalled bill to a broader health bill. A standalone bill, House File 1818, has been stuck in committee, but supporters plan to propose it as an amendment to a separate health bill. The vote will come after the legislature returns from spring break later this month.

Missouri

On Tuesday, a House committee approved a CBD medical marijuana bill. The bill would permit use of "hemp extract" with little THC and high CBD. Patients would need to have epilepsy that a neurologist has determined is not responding to at least three treatment options. The bill is House Bill 2238, and it has the support of the Republican House leadership.

New Jersey

Last Thursday, a patient sued NJ Transit for denying him a job. A former New Jersey Transit worker and medical marijuana patient who was denied a new position with the agency after testing positive for marijuana is suing in hopes of seeing marijuana recognized as a legitimate medication. Charlie Davis, 57, said he was denied both safety sensitive and non-safety sensitive positions with the agency. Courts in other medical marijuana states have generally upheld the rights of employers to fire workers who use medical marijuana even if it is legal.

New Hampshire

On Wednesday, supporters rallied as a Senate committee considered a home cultivation bill. The measure, House Bill 1622, would allow two mature plants per patient, and the authorization would be only until a licensed cannabis dispensary opens within 30 miles of their residence.

Oregon

On Monday, the Newport city council enacted a moratorium on dispensaries. The council said the moratorium would remain until it could get rules and regulations in place, probably a few months. By state law, the moratorium must end by May 1, 2015.

Also on Monday, the Springfield city council rejected a moratorium on dispensaries. Other Lane County communities, including Florence, Junction City and Oakridge have approved one-year bans. Lane County and Veneta considered but decided against imposing moratoriums.

On Tuesday, the Coburg city council approved a moratorium on dispensaries.

South Carolina

Last Wednesday, the House passed a CBD medical marijuana bill. The bill allows people suffering from severe epilepsy to legally use CBD cannabis oil to control their seizures. House Bill 4803 is less restrictive than a Senate measure passed last week. It's unclear what happens next.

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

Chronicle AM -- April 9, 2014

Attorney General Holder was on the pot-seat in Congress yesterday, New Jersey's legalization bill looks to have an uphill battle with public opinion, there's a psychedelic conference in Massachusetts this weekend, Uruguay is going to give medical marijuana to prisoners, and more. Let's get to it:

Trip the light fantastic at a conference on psychedelics at UMass-Amherst this weekend. (wikimedia.org)
Marijuana Policy

Holder Defends Administration Response to Marijuana, But Refuses to Go Further. Facing critics from both sides of the debate, Attorney General Eric Holder yesterday defended the administration's rather laissez-faire approach to marijuana legalization at the state level, but declined to go further to please reform supporters by taking executive branch action to reschedule the herb. He was appearing before the House Judiciary Committee. Click on the link for more details and some of the repartee.

GOP Congressman Calls for Republicans to Nominate Presidential Candidate With States' Rights Position on Marijuana. Rep. Dana Rohrabacher (R-CA) said Tuesday that the Republican Party should field a presidential candidate who supports states' rights to legalize marijuana -- as part of a broader states' rights agenda that also includes scrapping the Department of Education. "I think we ought to look for a presidential candidate who will make that part of his message," he said. "Just transfer it all to the states. Now this government would have nothing to do with education, and how about, from now on, drug laws are considered criminal matters, which is what our Founding Fathers had in mind, and that is up to the states." Rohrabacher also claimed (rather fancifully, unfortunately) that "Reagan did not want to put people in jail. He did not want to militarize our county in order to stop people from smoking weed."

Poll Finds New Jersey Evenly Split on Legalization, Less Support for Actual Bill. A new Monmouth University/Asbury Park Press poll has support for legalizing small amounts of marijuana at 48%, with 47% opposed. But when asked specifically about supporting a pot legalization bill, Senate Bill 1896, recently introduced by Sen. Nick Scutari (D-Middlesex), only 36% were in favor, with 49% opposed. "Obviously, New Jerseyans are really split on the idea of legalizing marijuana and are unsure about the specifics of the Scutari proposal," said Patrick Murray, director of the polling institute.

Medical Marijuana

Supporters Rally as New Hampshire Senate Considers Home Cultivation. Supporters of cannabis for therapeutic use are rallying in Concord this morning behind a bill that would allow for a limited home cultivation of marijuana plants for qualifying patients. The bill, House Bill 1622, would allow two mature plants per patient, and the authorization would be only until a licensed cannabis dispensary opens within 30 miles of their residence.

Missouri House Committee Approves CBD Medical Marijuana Bill. A Missouri House committee has advanced legislation allowing the use of a cannabis extract by people whose epilepsy is not relieved by other treatments. House Bill 2238 passed the House General Laws Committee and is now set for a hearing in the House Rules Committee tomorrow.

Prescription Drugs

Prescription Drug Monitoring Bill Derailed in Oklahoma. A bill that would require doctors to check their patients' drug histories before writing narcotic prescriptions was derailed Tuesday by a House committee chairman, but sponsors expressed hope they could keep the issue alive. Rep. David Derby, chairman of the House Public Health Committee, would not let the bill be heard Tuesday during his panel's last scheduled meeting before a deadline for committee approval. He said he was concerned about several elements of the bill, including a provision that could allow the Bureau of Narcotics and Dangerous Drugs to fine physicians $2,000 for failing to check the online Prescription Monitoring Program. The measure is House Bill 3030.

Psychedelics

Psychedelic Conference This Weekend at UMass-Amherst. Psychedelic and research and policy experts will speak on issues relating to the role of psychedelics in culture, medicine and science at the Psymposium 2014: The Nature of Psychedelics conference. The conference will be held at the University of Massachusetts, Amherst on April 12 & 13 and is open to the public. Click on the link for all the details.

Law Enforcement

Another Lawsuit Filed Against Crooked Suburban Chicago Cops. Another lawsuit has been filed against the Chicago suburb of Schaumburg and three of its former undercover tactical narcotics officers, who have been accused of selling illegal drugs they seized from dealers. Xavier Neodina filed the suit Monday in federal court claiming police used falsified information to get a search warrant for his home, that he was then arrested and sexually assaulted while being held in the Cook County Jail, and the officers "intentionally schemed and worked together" to set him up. This is the fourth lawsuit filed against Schaumburg and its crooked cops. At least a dozen people convicted of drug offenses have been cleared of charges. One of the cops has been sentenced to 12 years in prison, while two others face trial later this month.

International

Uruguay to Provide Prisoners with Medical Marijuana. Prisoners in the jails of Uruguay will be able to use marijuana if a doctor says it will benefit their health. Uruguay's drug czar, Julio Calzada, told The Associated Press on Tuesday that any inmates with doctors' orders will be prescribed marijuana to improve their physical or mental health.

Medical Marijuana Expansion, Decriminalization Pass in Maryland

It was a banner day in Annapolis Monday, where legislators, working against an end-of-session deadline, managed to pass both marijuana decriminalization and medical marijuana expansion bills.

Working around obstinate reform foe Rep. Joe Vallario (D-Prince Georges), who initially detoured the decrim bill into a study bill, the legislature approved Senate Bill 364 and Gov. Martin O'Malley (D) says he will sign it.

The bill decriminalizes up to 10 grams of marijuana for adults 21 and over. A first offense will result in only a $100 citation. A second offense will result in just a $250 fine, but a third offense would require an appearance in court and possibly drug treatment.

Also on Monday, the House and Senate reached final agreement Monday on a bill that would create 15 licenses for medical marijuana growers. The measure is Senate Bill 963. It also would allow dispensaries to operate and let growers sell the medicine directly. Passage of the bill into law would make Maryland a full-fledged medical marijuana state.

Two marijuana reform measures pass in one session. Too bad legalization didn't. But it is coming. 

Location: 
Annapolis, MD
United States

Chronicle AM -- April 8, 2014

The Maryland legislature passed both medical marijuana and decriminalization bills as the session ended in Annapolis, Colorado pot tax revenues aren't as high as the governor thought, the maker of the new opiate pain reliever Zohydro fights a state ban in Massachusetts, and more. Let's get to it:

Minnesota family with epileptic child testifies in favor of medical marijuana bill there. (MN House/Andrew von Bank)
Marijuana Policy

Maryland Decriminalization Bill Passes, Governor Will Sign. A decriminalization bill has now passed the legislature in Annapolis, and Gov. Martin O'Malley (D) says he will sign it. Senate Bill 364 decriminalizes up to 10 grams of marijuana for adults 21 and over. A first offense will result in only a $100 citation. A second offense will result in just a $250 fine, but a third offense would require an appearance in court and possibly drug treatment.

Maine Drug War Bill Could Result in Marijuana Legalization Referendum. Gov. Paul LePage (R) recently introduced Legislative Document 1811, a bill that would deal with the state's drug problems by adding more cops and prosecutors. The bill has run into serious opposition in the legislature, but now, two members, Sen. David Dutremble (D-Arundel) and Rep. Corey Wilson (R-Augusta) have crafted a compromise in committee that includes enforcement against high-level traffickers, increased funding for addiction treatment, and a referendum to legalize, tax and regulate marijuana put before Maine voters in 2015. The compromise is known as the "Dutrumble/Wilson minority report" and should be coming up for a vote soon.

Colorado Governor Scales Back Marijuana Tax Revenue Estimate. Gov. John Hickenlooper (D) estimated in February that the state would take in $134 million in legal marijuana taxes this year, but has now cut that estimate by more than $20 million, citing uncertainty in the market. Legislative analysts predicted last month that revenues for the year would be only $65 million. The first $40 million from excise taxes has already been designated for school construction; any remaining money will be appropriated by lawmakers.

Medical Marijuana

Maryland Legislature Passes Medical Marijuana Expansion Bill. The Maryland House and Senate reached final agreement Monday on a bill that would create 15 licenses for medical marijuana growers. The measure is Senate Bill 963. It also would allow dispensaries to operate and let growers sell the medicine directly. Passage of the bill into law would make Maryland a full-fledged medical marijuana state.

Arizona Politician Faces Recall Over Blocking Medical Marijuana Research. Medical marijuana opponent Sen. Kimberly Yee (R-Phoenix) blocked funding of a study of marijuana as a treatment for PTSD in veterans. Now, activists want her to pay a price. The Phoenix NORML affiliate and the Arizona Veterans Assistance Committee have undertaken a campaign to recall Yee. They'll need to collect 18,297 signatures from Legislative District 20 by August 2.

Minnesota Medical Marijuana Supporters Try to Attach Bill to Broader Health Bill. Medical marijuana is not dead yet this year in Minnesota. A standalone bill, House File 1818, has been stalled, but supporters plan to propose it as an amendment to a separate health bill. The vote could come as early as tomorrow.

CBD Medical Marijuana Bill Could Move in Missouri. A bill that would allow the use of CBD cannabis oil by people with epileptic seizures appears to have the support of key Republicans. House Bill 2238 is backed by the Republican House speaker, majority leader, and Democratic leaders. It is also supported by a Republican senator whose son has epilepsy.

Medical Marijuana Expansion Bill Filed in District of Columbia. Councilmembers Yvette Alexander and David Gross have filed a bill that would expand medical marijuana access in the nation's capitol. The bill would permit doctors to recommend medical marijuana to patients suffering from any condition for which it provides medical benefits. Patients would then be allowed to apply to the Department of Health for acceptance in the District's medical marijuana program. Under current law, only patients with cancer, HIV/AIDS, multiple sclerosis, or glaucoma are eligible for the program.

Law Enforcement

Postal Service Seizing More Pot Packages. The US Postal Inspection Service reports that it seized 9,100 parcels containing marijuana last year, up from 7,600 in 2012, a 20% increase. The poundage seized is also up, from 42,000 pounds in 2012 to 45,000 pounds last year. Inspectors aren't sure whether it's increased resort to pot-shipping in an era of drug-hunting troopers and deputies or better enforcement -- or both -- that is responsible for the increase. Marijuana accounted for more than two-thirds (68%) of all drug-laden packages seized.

Prescription Opiates

Zohydro Maker Sues to Block Massachusetts Ban. Zogeniz, the manufacturer of the recently approved hydrocodone drug Zohydro, filed suit Monday in federal court in Massachusetts to block the state from banning it. Zogenix seeks a temporary injunction to block an executive order from Gov. Deval Patrick (D). Patrick acted to ban Zohydro as part of a public health emergency he declared in response to growing heroin and opiate addiction in the state, saying it should be banned "until [it is] determined that adequate measures are in place to safeguard against the potential for diversion, overdose, and misuse." But the ban is an "impermissible" effort by the state to set its own prescription drug policy, Zogenix argued. "It impedes the FDA's Congressional mandate to approve a range of safe treatments to promote the public health." A hearing was set or this afternoon. Stay tuned.

International

Jamaican National Council on Drug Abuse Supports Ganja Decriminalization. Jamaica's National Council on Drug Abuse supports decriminalization in the island nation -- provided there are protections for young people. "The position of the NCDA is that, given the reality on the ground, the historical use, and certainly for medical purposes, [and the fact that] the majority of the country feel that it should be decriminalized, we certainly support the approval of medicinal marijuana in Jamaica. We also think that we should consider looking at decriminalizing for private personal use and also for religious purposes," Abel said. Just keep it away from the kids, he said.

Drug War Issues

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