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Medical Marijuana Update

Key congressmen stick up for California's dispensaries, an Idaho CBD bill passes, an Indiana CBD bill fails, the Arizona Supreme Court allows parolees to use medical marijuana, and more.

National

Last Thursday, two key congressmen rejected DOJ claims that it can still prosecute California dispensaries. Reps. Sam Farr (D-CA) and Dana Rohrabacher (R-CA), authors of the successful congressional budget amendment protecting medical marijuana in states where it is legal, have rejected Justice Department claims that it can still go after dispensaries in California. "The Justice Department's interpretation of the amendment defies logic," Farr said. "No reasonable person thinks prosecuting patients doesn't interfere with a state's medical marijuana laws. Lawyers can try to mince words but Congress was clear: Stop going after patients and dispensaries." A Rohrabacher spokesman added that "the congressman believes the amendment's language is perfectly clear and that the DOJ's self-referential interpretation is emphatically wrong."

Alabama

Last Wednesday, a full-blown medical marijuana bill was filed. Sen. Bobby Singleton (D-Greensboro) filed Senate Bill 326, which would allow doctors to recommend medical marijuana to patients and which has a unique scheme setting three levels of allowable amounts possessed. The bill would allow one dispensary in cities with a population of 10,000 or more and two dispensaries in cities with a population of 150,000 or more. Companion legislation is expected to be filed in the House by Rep. John Rogers (D-Birmingham).

Arizona

On Tuesday, the state Supreme Court ruled that probationers and parolees can use medical marijuana. In two rulings, the state high court barred courts and prosecutors from denying registered patients the right to use medical marijuana while on probation. The cases are Arizona v. Farrell and Reed-Kaliher v. Arizona.

California

Last Tuesday, the Fresno city council approved the indoor cultivation of up to four plants. That's a change from the total ban on cultivation it passed last year. Still, patients expressed reservations about whether four plants would be sufficient. The council must approve the measure one more time before it becomes law.

Last Friday, a Yuba County judge denied a temporary restraining order against the county sought by medical marijuana growers. The Yuba Patients Coalition and six growers had sought to undo an "urgency" designation with the county's cultivation ordinance that eliminated a period for signature-gathering for a referendum challenging the ordinance. The growers said they will appeal.

On Tuesday, the State Water Board issued best practice guidelines for marijuana cultivation. The effort includes a "Know Before You Grow" brochures and a "Pesticide Use on Marijuana" research paper. Click on the link for much more.

Connecticut

On Monday, a legislative committee approved expanding the medical marijuana program.The committee endorsed Senate Bill 1064 after lengthy debate. The bill would be a significant expansion of the state's medical marijuana system and would allow children with specified diseases to participate, but they wold be limited to using low-THC, high-CBD cannabis oils. The bill now goes to the full Senate for consideration.

Florida

Last Friday, the state's CBD implementation bill faced more problems. A bill trying to get the state's CBD cannabis oil law, passed last year, actually implemented is now facing a new challenge: how to give black farmers a fair shot at growing the new crop. The existing law only allows farms that have been in existence for at least 30 years and that grow 400,000 plants or more to apply for one of five licenses to cultivate and distribute the crop. But hundreds of black farmers say they are being cut out of the deal because 30 years ago, they were still fighting with the US Department of Agriculture over discriminatory lending practices and weren't yet in business. The sponsor of both last year's successful bill and this year's implementation bill, Sen. Rob Bradley (R-Fleming Island), said he would attempt to address the issue. The bill is Senate Bill 7066.

Idaho

Last Monday, the CBD cannabis oil bill came back from the dead. The bill, Senate Bill 1146, was killed on a tie vote in the House State Affairs Committee Monday, but the committee has agreed to reconsider it and was set to meet today for further discussion on it. If it passes the committee, it could go to a House floor vote tomorrow.

Last Thursday, it passed the Senate. The bill was killed in committee on Monday, but brought back to life Thursday and passed the Senate today. Senate Bill 1146would allow for the use of CBD for "intractable seizure disorder." It won the support of all seven Democratic state senators and 15 of 27 Republican state senators.

Last Friday, it passed the House. A bill that appeared dead only a week ago has now passed both houses of the legislature and heads for the desk of Gov. Butch Otter (R). The bill is Senate Bill 1146.

Illinois

On Monday, officials began pondering whether to add 14 new qualifying conditions. The state Medical Cannabis Advisory Board is now reviewing 22 petitions requesting the addition of some 14 diseases or medical conditions to the list of those that qualify for medical marijuana. The board will hold a hearing in May and then make recommendations to the director of the Department of Publich Health, who will make the ultimate decision. Click on the link to see the whole list.

Indiana

On Tuesday, a CBD cannabis oil bill was killed. A bill to allow for the use of CBD cannabis oil to treat children with epilepsy sailed through the House earlier this session, but was killed by a Senate committee vote Tuesday after prosecutors opposed it, saying it was similar to legalizing medical marijuana.

Massachusetts

On Wednesday, the state announced it was revamping the application process for dispensaries. The state Department of Public Health (DPH) today announced significant changes to the Commonwealth's Medical Marijuana Dispensary program first authorized in 2012. The revised process will license Registered Marijuana Dispensaries (RMD) in a format similar to other healthcare facilities, such as pharmacies, which DPH also administers. This process will phase out the current use of state procurement policies to register a dispensary. Click on the link for more details.

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

Chronicle AM: France Okays Safe Injection Sites, Wichita Decriminalizes, Egypt Hash Debate, More (4/8/15)

A Louisiana poll shows rising support for marijuana legalization; if Massachusetts want to legalize, it will be up to the voters; Wichita votes to decriminalize it, a CBD cannabis bill dies in Indiana, France okays safe injection sites, and more.

A proposal to legalize hash in Egypt has stoked debate. (justice.gov/dea)
Marijuana Policy

Louisiana Poll Sees Rising Support for Legalization, But Still No Majority. The 2015 Louisiana Survey, released Tuesday, shows support for marijuana legalization at 45%, up from 42% two years ago. Opposition was at 52%, down from 56% two years ago. Support was twice as high in southwest Louisiana (57%) than northeast Louisiana (28%). The state has some of the harshest pot laws in the country, but the legislature appears little inclined to do anything about them.

Massachusetts Lawmakers to Punt on Legalization. There is "no appetite" among lawmakers to address marijuana legalization, leaving the field open for ballot initiatives next year, said Senate President Stanley Rosenberg. "There's been conversations and there seems to be no appetite in the Legislature to take up... recreational marijuana, so you should expect to see it on the ballot in 2016," Rosenberg (D-Amherst) told the Boston Herald's internet radio station on Tuesday.

Wichita Votes to Decriminalize. Voters in Wichita voted 54% to 45% to approve a local initiative to decriminalize small-time marijuana possession. The measure would make first-time possession an infraction with a $50 fine. But state law says it is a misdemeanor punishable by up to a year in jail, and state Attorney General Derek Schmidt (R) has vowed to sue the city if it passes. Stay tuned.

Medical Marijuana

Indiana CBD Cannabis Oil Bill Killed. A bill to allow for the use of CBD cannabis oil to treat children with epilepsy sailed through the House earlier this session, but was killed by a Senate committee vote Tuesday after prosecutors opposed it, saying it was similar to legalizing medical marijuana.

Massachusetts Revamps Application Process for Registered Dispensaries. The state Department of Public Health (DPH) today announced significant changes to the Commonwealth's Medical Marijuana Dispensary program first authorized in 2012. The revised process will license Registered Marijuana Dispensaries (RMD) in a format similar to other healthcare facilities, such as pharmacies, which DPH also administers. This process will phase out the current use of state procurement policies to register a dispensary. Click on the link for more details.

Drug Testing

Kentucky GOP Gubernatorial Hopeful Proposes Drug Testing Welfare Recipients. Would-be Republican gubernatorial nominee Hal Heiner is seeking to win support from the base by pushing a scheme to drug test welfare recipients. He made the call in a series of TV ads that began appearing yesterday. "I am simply asking welfare recipients to do what many employees in Kentucky are already required to do," Heiner said in a statement. "If working Kentuckians can be required to take drug tests, it is certainly reasonable to expect those who are benefiting from their tax dollars to do so as well."

International

France Approves Safe Injection Sites. The National Assembly Tuesday adopted a draft health law that will allow for safe injection sites for injection drug users. Opposition deputies denounced the move as "a first step toward legalizing drugs," for creating "no-go zones," and for sending "incomprehensible messages to our youth," but they did not prevail. Pilot sites will open in Paris, Bordeaux, and Strasbourg, and the law will prevent users from being arrested for drug possession within safe injection sites. Safe injection sites already operate in around 10 countries, including Australia, Canada, Germany, the Netherlands, and Spain.

Call for Hash Legalization in Egypt Sparks Lively Debate. Just a few days ago, Cairo tobacco traders called for hash legalization as a revenue measure and submitted a proposal to that effect to the cabinet, and that has sparked strong reactions. The Ministry of Social Solidarity's Drug Control and Addiction Treatment Fund warned that hash is a serious threat to Egypt, which is "safe by nature." The fund claimed hash is a major factor in road accidents because it causes "lack of awareness of one's surroundings." The fund also claimed that a survey it conducted found that 86% of rapists and 23% of murderers were hash users. But hash users cited in the story disagreed. Click on the link for more.

Mexican Cartel Attack Kills 15 Cops in Jalisco. An ambush of a police convoy by presumed drug cartel gunmen on the highway between Puerto Vallarta and Guadalajara left 15 policemen dead and five wounded. It was the deadliest attack on Mexican police since 12 federal police were killed in neighboring Michoacan state in 2010. Fingers are being pointed at the Jalisco New Generation Cartel, which has grown to be one of the country's most powerful. The state has seen a spate of violence in recent weeks, including a March 19 ambush of federal police that killed five, a March 23 shootout in which police killed a gang boss, an unsuccessful March 30 attempt to assassinate the state security commissioner, and the killing Monday of the police chief in the town of Zacoalco de Torres. The security commissioner said the recent attacks were revenge for the killing of the gang leader.

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Bronx Teen Fleeing Cops Over Marijuana Falls to His Death

A Bronx teenager has died two days after falling from the roof of a six-story apartment building as he fled police who were chasing a group of young marijuana smokers. Hakeem Kuta, 17, becomes the 17th person to die in US domestic drug law enforcement operations so far this year.

Hakeem Kuta (family photo)
According to The New York Times, citing NYPD spokesman Stephen Davis, four probationary NYPD officers were approached Thursday evening by a man who told them about "kids in the lobby of the building smoking pot," and the officers went to investigate.

Davis said one of the teens "impeded" the cops by sticking his arms out as they came to the door and that six or seven more fled up a staircase headed to the roof.

Two of the officers, Edmundo Rivera and Eduard Solano, chased them onto the roof, where the kids split up, with four going in one direction, hopping to the roof of the neighboring building, and getting away. But two others, including Kuta, ran in the other direction and ended up penned in at roof's edge by a wall on the neighboring building.

"Please don't move, please don't move," Davis quoted the officers as telling the two teens. But Kuta tried to step over a short wall on the edge of the roof he was on, but instead began to fall. His friend grabbed his vest, but could not hold him.

"He was gone, you're talking seconds," Davis said.

Kuta landed in the alley six floors below, critically injured. He died Saturday at St. Barnabas Hospital.

Police said they recovered marijuana in the building, but made no arrests in connection with the incident.

Kuta had no criminal record. He was born in Ghana and came to the US with his parents and a younger sister three or four years ago, a relative said.

New York, NY
United States

Chronicle AM: ID CBD Bill Passes, Another OH Legalization Init, NV Heroin Maintenance Hearing, More (4/7/15)

Busy busy in Ohio, Arizona Supreme Court upholds patient rights, Idaho legislature approves CBD bill, Nevada legislature hearing about heroin-assisted treatment today, Rand Paul announces, and more.

Pharmaceutical diacetylmorphine AKA diamorphine AKA heroin. It could be coming to Nevada. (wikipedia.org)
Marijuana Policy

Another Ohio Legalization Campaign Gets Underway. Cleveland-based Ohioans to End Prohibition has begun initial signature-gathering for a proposed 2016 initiative that would allow adults to grow up to six plants and possess up to 100 grams (3.5 ounces) and would allow for marijuana commerce. The group needs to get a thousand valid voter signatures before moving to the next phase, where state officials will vet the initiative's language. The group would then need to gather more than 300,000 signatures to qualify for the 2016 general election ballot. Another group, Responsible Ohio, is already gathering signatures for a 2015 initiative.

Medical Marijuana

Arizona Supreme Court Rules Probationers Can Use Medical Marijuana. In two rulings today, the state high court barred courts and prosecutors from denying registered patients the right to use medical marijuana while on probation or parole. The cases are Arizona v. Farrell and Reed-Kaliher v. Arizona.

Connecticut Legislative Committee Approves Medical Marijuana Expansion.The committee endorsed Senate Bill 1064 after lengthy debate. The bill would be a significant expansion of the state's medical marijuana system and would allow children with specified diseases to participate, but they wold be limited to using low-THC, high-CBD cannabis oils. The bill now goes to the full Senate for consideration.

Idaho Legislature Approves CBD Cannabis Oil Bill. A bill that appeared dead only a week ago has now passed both houses of the legislature and heads for the desk of Gov. Butch Otter (R). The bill is Senate Bill 1146.

Illinois Officials Ponder Adding 14 More Qualifying Conditions. The state Medical Cannabis Advisory Board is now reviewing 22 petitions requesting the addition of some 14 diseases or medical conditions to the list of those that qualify for medical marijuana. The board will hold a hearing in May and then make recommendations to the director of the Department of Publich Health, who will make the ultimate decision. Click on the link to see the whole list.

Drug Policy

Rand Paul Announces Republican Presidential Nomination Bid. Kentucky Sen. Rand Paul today announced he is seeking the Republican presidential nomination. Paul has been a voice for drug reform in the Senate, calling for the federal government to let states set their own marijuana policies and filing bills on sentencing reform, industrial hemp, and medical marijuana.

Heroin

Nevada Senate Holding First Ever US Hearing on Heroin Maintenance. The state Senate is holding a hearing on Senate Bill 275, which would establish a four-year heroin maintenance (or heroin-assisted treatment) pilot program. This is the first time such a proposal has gotten a legislative hearing anywhere in the US. Witnesses will include Drug Policy Alliance executive director Ethan Nadelmann and Dr. Martin Schecter, principal investigator for Canada's North American Opiate Medication Initiative (NAOMI).

Harm Reduction

Pennsylvania State Police to Start Carrying Opiate Overdose Reversal Drug. Gov. Tom Wolf (D) formally announced today that state troopers will start carrying the opiate overdose reversal drug naloxone. About 30 states have naloxone legislation, but in only a few do police forces routinely carry the drug.

International

Chile Marijuana Legalization Bill Advances. A bill that would allow people 18 and older to grow up to six marijuana plants passed the congressional health committee Monday and now goes for a floor debate in the Chamber of Deputies. If the bill passed the chamber, it then goes to the Senate. The bill also allows people to possess up to 10 grams, but bars the public use of pot. Chile already allows for medical marijuana and was preparing for its first legal harvest this week.

This article was prepared by StoptheDrugWar.org's lobbying arm, Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Tulsa Meth and Guns Suspect Killed When Reserve Deputy Grabs Pistol Instead of Taser

A Tulsa man targeted in undercover meth and gun trafficking investigations was shot and killed last Thursday by a 73-year-old reserve deputy who said he mistook his pistol for a Taser. Eric Harris becomes the 16th person to die in US domestic drug law enforcement operations so far this year.

According to Tulsa's News on 6, citing a Tulsa County Sheriff's Office account, Harris was being investigated for "a form of methamphetamine called ICE" by the Violent Crimes Task Force. He sold meth to undercover officers on several occasions, during which he mentioned that he could also obtain a sawed-off shotgun and other weapons.

The task force set up a gun buy in a Dollar Store parking lot, and Harris delivered a 9mm semi-automatic pistol and 300 rounds of ammunition.

When an "arrest team" of deputies tried to arrest him, he "confronted undercover deputies" and fled. Deputies "observed him reaching for his waistband areas near his hip, causing concern for deputies' safety," according to the sheriff's office statement.

When deputies caught up to him, Harris continued to struggle and "refused to pull his left arm out from underneath his body where his hand was near his waistband." Reserve Officer Charles Robert Bates, 73, who was assigned to the task force, opened fire, striking Harris once.

The sheriff's office has not mentioned recovering any weapon from Harris (other than the one he sold them earlier).

According to the sheriff's office, "initial reports have determined that the reserve deputy was attempting to use less lethal force, believing he was utilizing a Taser, when he inadvertently discharged his service weapon."

The sheriff's department report said Harris briefly continued to resist arrest after being shot before officers managed to cuff him. It also claimed he told emergency medical personnel at the scene he had taken PCP. He was transported to a local hospital, where he died.

Bates is a retired long-time Tulsa police officer and "advanced level" reserve deputy, meaning he had hundreds of hours of training and annual weapons exams. He had training in "homicide investigations, meth lab identification and decontamination, and other specialized training."

Chronicle AM: FL, OH, PA Poll Tight Majority for MJ Legalization, Needle Exchange, More (4/6/15)

Quinnipiac University polls in three big states show narrow majorities for marijuana legalization, medical marijuana and overdose prevention bills get filed in Alabama, Egypt's tobacco traders want to legalize and tax hash, and more.

Marijuana Policy

At Hash Bash, Michigan Lawmaker Says He Will File Legalization Bill. Tommy Chong got the biggest cheers at Ann Arbor's 44th Annual Hash Bash Saturday, but hometown Rep. Jim Irwin (D-Ann Arbor) may have a bigger impact on marijuana politics in the state. He told the Hash Bash crowd he would introduce a legalization bill. He said he was in the process of drafting the legislation.

Florida Poll Has Support for Legalization at 52%. A new Quinnipiac University poll has found majority support for marijuana legalization in the Sunshine State, with 52% of registered voters in favor and 44% opposed. Medical marijuana won overwhelming support, too, with 84% saying they favored it.

Ohio Poll Has Support for Legalization at 52%. A new Quinnipiac University poll has found majority support for marijuana legalization in the Buckeye State, with 52% of registered voters in favor and 44% opposed. Medical marijuana won overwhelming support, too, with 84% saying they favored it. The poll comes as at least two different groups seek to place legalization measures on the 2016 general election ballot.

Pennsylvania Poll Has Support for Legalization at 51%. A new Quinnipiac University poll has majority support for marijuana legalization in the Keystone State, with 51% of registered voters in favor and 45% opposed. Medical marijuana won overwhelming support, too, with 88% saying they favored it. A medical marijuana bill is in play in Harrisburg.

Washington Senate Approves 37% Marijuana Sales Tax. The state Senate last Friday approved Senate Bill 6062, which would remove the excise tax on pot producers and processors and replace it with a 37% tax on retail sales. The measure passed 26-22 and now heads to the House.

Medical Marijuana

Alabama Medical Marijuana Bill Filed. Sen. Bobby Singleton (D-Greensboro) last week filed Senate Bill 326, which would allow doctors to recommend medical marijuana to patients and which has a unique scheme setting three levels of allowable amounts possessed. The bill would allow one dispensary in cities with a population of 10,000 or more and two dispensaries in cities with a population of 150,000 or more. Companion legislation is expected to be filed today in the House by Rep. John Rogers (D-Birmingham).

Harm Reduction

Needle Exchange Gets Underway in Southwest Indiana County With HIV Outbreak. A needle exchange program began last Saturday in Scott County, where the state's largest ever HIV outbreak is underway. The move comes after Gov. Mike Pence (R) signed an executive order temporarily suspending the state's ban on needle exchanges, but only in that county.

Alabama Opiate Overdose Reversal Drug Access Bill Filed. Rep. Allen Treadaway (R-Morris) has filed a bill that would allow doctors and dentists to describe the opiate overdose reversal drug naloxone to friends and family members of drug users. The measure is House Bill 208. It would also provide for training for law enforcement agencies that want their officers to carry the drug. The bill also has 911 Good Samaritan provisions.

International

Egyptian Tobacco Trade Group Calls for Hash Legalization, Taxation. The Cairo and Giza Tobacco Traders Association has called for serious study of a proposal to legalize the hash trade and said a 10% tax levied on hash transactions would quickly shrink the national budget deficit. The proposal is currently before the Legislative Reform Committee of the parliament.

Mexican Troop Presence Didn't Stem Drug War Killings, But Aggravated Them, Study Finds. A new study published on the website of The American Statistician found that the arrival of Mexican troops to areas with high rates of drug cartel violence did not lower homicide rates but increased them, at least in the short run. Longer-term decreases in violence could be attributed to increased civic engagement, not the presence of soldiers.

Chronicle AM: Reps Challenge DOJ on Dispensary Prosecutions, CO Harm Reduction Bills, More (4/3/15)

A pair of congressmen reject the Justice Department's stance that it can still prosecute California dispensaries, an Alaska marijuana regulation bill moves, a Mississippi legalization initiative gets a boost, two Colorado harm reduction bills become law, and more.

Rep. Sam Farr (D-CA) says DOJ is wrong to say it can still prosecute California dispensaries. (congress.gov)
Marijuana Policy

Alaska House Passes Marijuana Regulation Bill. The House Thursday gave final approval to House Bill 75, which clarifies the ability of localities to ban or regulate commercial pot businesses. The bill now heads to the Senate.

Florida Activist Will Help Pay for Mississippi Legalization Initiative Signatures. Jeremy Bufford, president of Florida's Medical Marijuana United, has announced he will pay $1 for each valid signature gathered for Ballot Initiative 48, the Mississippi marijuana legalization initiative. He said he would pay $2 per signature in some areas of the state where people have been reluctant to sign. The initiative campaign needs 107,216 valid voter signatures to qualify for the 2016 ballot.

Medical Marijuana

Congressmen Reject DOJ Claim It Can Still Prosecute California Dispensaries. Reps. Sam Farr (D-CA) and Dana Rohrabacher (R-CA), authors of the successful congressional budget amendment protecting medical marijuana in states where it is legal, have rejected Justice Department claims that it can still go after dispensaries in California. "The Justice Department's interpretation of the amendment defies logic," Farr said. "No reasonable person thinks prosecuting patients doesn't interfere with a state's medical marijuana laws. Lawyers can try to mince words but Congress was clear: Stop going after patients and dispensaries." A Rohrabacher spokesman added that "the congressman believes the amendment's language is perfectly clear and that the DOJ's self-referential interpretation is emphatically wrong."

Idaho Senate Passes CBD Cannabis Oil Bill. The bill was killed in committee on Monday, but brought back to life Thursday and passed the Senate today. Senate Bill 1146 would allow for the use of CBD for "intractable seizure disorder." It won the support of all seven Democratic state senators and 15 of 27 Republican state senators.

Harm Reduction

Colorado Governor Signs Harm Reduction Bills. Gov. John Hickenlooper (D) today signed into law two harm reduction bills: SB 15-53, which expands access to the opiate overdose reversal drug naloxone, and SB 15-116, under which people carrying needles would not be subject to arrest if they reveal they have them prior to being searched by police.

International

Indian Maoists Fund Their Fight With Marijuana. Officials in Orisha state say that Maoist militants known as Naxalites are relying on marijuana cultivation as a major source of funding. The Naxalite rebellion has festered in parts of the country for decades.

Chronicle AM: DOJ Says It Can Still Prosecute Dispensaries, GA Forfeiture Bill Passes, More (4/2/15)

A Tennessee "decrim" bill moves, an Idaho CBD cannabis oil bill is back from the dead, a Georgia asset forfeiture reform bill passes, the Justice Department says it can still prosecute California dispensaries, and more.

Marijuana Policy

Tennessee Bill to Lessen Marijuana Penalties Wins Committee Vote. A bill that would make possession of up to an ounce a misdemeanor punishable only by a $100 fine was approved by the House Criminal Justice Committee Wednesday. The bill, House Bill 873, now goes before the House Finance and Ways and Means Committee. Companion legislation, Senate Bill 1211, is set to be heard by the Senate Judiciary Committee next week. Under current law, possession of between a half-ounce and 10 pounds is a felony.

Medical Marijuana

Justice Department Says It Can Still Prosecute California Dispensaries. A Justice Department spokesman said Wednesday that the congressional ban on the agency interfering with medical marijuana in states where it is legal does not apply to California dispensary prosecutions. Patrick Rodenbush said the department does not believe the amendment to a spending bill applies to cases against individuals, but only stops Justice from "impeding the ability of states to carry out their medical marijuana laws."

Florida CBD Implementation Bill Faces More Challenges. A bill trying to get the state's CBD cannabis oil law, passed last year, actually implemented is now facing a new challenge: how to give black farmers a fair shot at growing the new crop. The existing law only allows farms that have been in existence for at least 30 years and that grow 400,000 plants or more to apply for one of five licenses to cultivate and distribute the crop. But hundreds of black farmers say they are being cut out of the deal because 30 years ago, they were still fighting with the US Department of Agriculture over discriminatory lending practices and weren't yet in business. The sponsor of both last year's successful bill and this year's implementation bill, Sen. Rob Bradley (R-Fleming Island), said he would attempt to address the issue. The bill is Senate Bill 7066.

Idaho CBD Cannabis Oil Bill is Back from the Dead. The bill, Senate Bill 1146, was killed on a tie vote in the House State Affairs Committee Monday, but the committee has agreed to reconsider it and was set to meet today for further discussion on it. If it passes the committee, it could go to a House floor vote tomorrow.

Prescription Opiates

FDA to Help Drug Makers Develop Abuse-Deterrent Opiates. "The science of abuse-deterrent medication is rapidly evolving, and the FDA is eager to engage with manufacturers to help make these medications available to patients who need them," Dr. Margaret A. Hamburg, the FDA's commissioner, said in a press release. "We feel this is a key part of combating opioid abuse. We have to work hard with industry to support the development of new formulations that are difficult to abuse but are effective and available when needed." The agency also issued a document called "Guidance for Industry: Abuse-Deterrent Opioids -- Evaluation and Labeling," outlining how future studies can decide whether a new drug has abuse-deterrent properties.

Asset Forfeiture

Georgia Asset Forfeiture Reform Bill Passes Senate. A bill that would standardize asset forfeiture procedures easily passed the Senate Tuesday. The bill is House Bill 233. It has already passed the House and now goes to the desk of Gov. Nathan Deal (R). The bill creates safeguards for owners of seized assets, requires regular accounting, and prohibits law enforcement agencies from using seized goods for anything other than law enforcement.

Medical Marijuana Update

A federal CBD bill is filed, the federal medical marijuana bill picks up more sponsors, and bills are moving (or dying) in a number of state. Let's get to it:

National

Last Thursday, a federal CBD bill was filed. Rep. Scott Perry (R-PA) filed HR 1635, which would amend the Controlled Substances Act to exclude cannabidiol (CDB) and CBD-rich marijuana plants from the definition of marijuana under the act.

As of Tuesday, the House CARERS Act had eight cosponsors. The House version of the federal bill to allow states to move forward on medical marijuana without federal interference is accumulating cosponsors. Rep. Steve Cohen (D-TN) introduced it a week ago today, and it now has seven more cosponsors. Click on the link to see who they are.

California

Last Thursday, the Fresno city council voted to allow residents to grow up to four plants. The move would be a step forward for the city, which last year banned all cultivation within the city limits. The council will take a second and final vote on the measure in coming weeks.

Also last Thursday, four Yuba county medical marijuana growers sued the county over its new, restrictive medical marijuana cultivation ordinance. The ordinance allows only for up to 12 plants to be grown inside a structure -- but not a residence -- and no outdoor grows.

Last Friday, a raided El Dorado County dispensary operator sued the county to recover marijuana and financial and medical records seized during a sheriff's department raid last November. The Pure Life Cannabis Collective has been closed since the raid. The lawsuit charges that the dispensary was legitimate and the raid was not.

Florida

Last Friday, more delays came for the state's CBD medical marijuana program. A Central Florida grower and a South Florida trade association are the latest to file legal challenges to the state Health Department's rules for the program. The program envisions only five growers, and the competition is vicious. Now, there are three active legal challenges, which means the department cannot proceed with the program until they are resolved. This is after an earlier delay caused by an earlier legal challenge.

On Tuesday, an expanded CBD medical marijuana bill won a committee vote. The Senate Health Policy Committee approved a bill that would expand the list of qualifying conditions for the use of CBD cannabis oil, quadruple the number of dispensing organizations to 20, and establish a time frame for issuing licenses.

Georgia

Last Wednesday, a CBD medical marijuana bill passed the legislature. The House gave final approval to House Bill 1, which would allow patients with eight specified diseases to use CBD cannabis oil. Gov. Nathan Deal (R) said today he will sign the bill.

Last Friday, Gov. Deal signed an executive order to speed expedite the new law. Gov. Nathan Deal (R) signed the order to speed up the enactment of House Bill 1, which has passed both houses of the legislature. The bill provides immunity from prosecution for CBD patients who register with the state. Deal said he would sign the bill at the end of the legislative session.

Hawaii

Last Wednesday, a dispensary bill won a pair of committee votes. The Senate Public Health and Public Safety committees have approved House Bill 321, which would create dispensaries and production centers in each county in the state. They also amended the bill to speed up the opening of dispensaries, which would now be set for next year.

Idaho

On Monday, the governor's office pushed back against a CBD cannabis oil bill. Gov. "Butch" Otter (R) sent his drug policy point-man to the capitol today to speak out against Senate Bill 1146, which would provide an affirmative defense for parents of children using low-THC, high-CBD cannabis oil to treat severe seizures. Elisha Figueroa, head of the Idaho Office of Drug Policy, warned that "Idaho will be violating federal law if this bill passes." Fourteen other Republican-controlled legislatures have passed similar laws, but they're all violating federal law, too, he said. Figueroa is pushing for a different bill, Senate Bill 1156, which would set up a special program to run trials on a GW Pharma CBD product called Epidiolex.

On Tuesday, the bill was killed in committee. The House State Affairs Committee listened to hours of tearful testimony from supporters of Senate Bill 1146, which would allow for the use of CBD cannabis oil to treat epileptic seizures in children, then voted to kill it Monday.

Iowa

Last Wednesday, a medical marijuana bill won a committee vote. The Senate Ways and Means Committee approved Senate Study Bill 1243, which would allow patients with a number of specified medical conditions to use medical marijuana -- but not to smoke it.

Missouri

On Monday, a medical marijuana bill won a committee vote. The House Select Committee on General Laws approved House Bill 800, which would allow for the use of medical marijuana for a handful of specified diseases. It would also allow for up to 30 dispensaries.

New Jersey

Last Thursday, the Assembly approved a trio of medical marijuana bills. Legislators in Trenton Thursday approved adding PTSD to the list of qualifying diseases, and then some. They also approved ACR 224, which would undo the Christie rule that doctors who recommend medical marijuana must be publicly listed and A 4286, which allows dispensaries to share surpluses. The bills now go to the state Senate.

New York

On Wednesday, the state issued final regulations for the medical marijuana program and advocates were not happy. The state has issued final regulations for the program, and they are very similar to the heavily-criticized draft regulations it started out with several months ago. The regs limit the number of dispensaries to 20 and don't add any new qualifying conditions. Assemblyman Richard Gottfried (D-Manhattan), the law's sponsor, said the final regs are needlessly restrictive and "gratuitously cruel."

North Carolina

Last Wednesday, a medical marijuana bill was killed in committee. After an intense hour-long hearing, the House Judiciary Committee voted to kill a medical marijuana bill, House Bill 78. Some supporters of the bill vowed to move to other states, while one Republican foe of the bill, Rep. Dan Arp, complained he was struck in the back by an angry supporter. The man was detained by police, but later released without charges.

Tennessee

On Tuesday, a medical marijuana bill won a committee vote. The House Health Subcommittee unanimously approved a bill sponsored by Rep. Ryan Williams (R-Cookville). The measure, which would not allow for the smoking of marijuana, now goes to the full House Health Committee.

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

Chronicle AM: Holder Takes on Forfeiture Again, NY Medical Marijuana Final Rules, More (4/1/15)

It's mainly medical marijuana news today, but there's also another move on asset forfeiture from Attorney General Holder.

Eric Holder
Medical Marijuana

Florida CBD Medical Marijuana Bill Wins Committee Vote. The Senate Health Policy Committee approved a bill that would expand the list of qualifying conditions for the use of CBD cannabis oil, quadruple the number of dispensing organizations to 20, and establishe a time frame for issuing licenses.

Idaho CBD Cannabis Oil Bill Killed in Committee. The House State Affairs Committee listened to hours of tearful testimony from supporters of Senate Bill 1146, which would allow for the use of CBD cannabis oil to treat epileptic seizures in children, then voted to kill it Monday.

Missouri Medical Marijuana Bill Moves. The House Select Committee on General Laws has approved House Bill 800, which would allow for the use of medical marijuana for a handful of specified diseases. It would also allow for up to 30 dispensaries.

New York Issues Final Regulations for Medical Marijuana Program; Advocates Upset. The state has issued final regulations for the program, and they are very similar to the heavily-criticized draft regulations it started out with several months ago. The regs limit the number of dispensaries to 20 and don't add any new qualifying conditions. Assemblyman Richard Gottfried (D-Manhattan), the law's sponsor, said the final regs are needlessly restrictive and "gratuitously cruel."

Tennessee Medical Marijuana Bill Moves. The House Health Subcommittee unanimously approved Tuesday a medical marijuana bill sponsored by Rep. Ryan Williams (R-Cookville). The measure, which would not allow for the smoking of marijuana, now goes to the full House Health Committee.

Asset Forfeiture

Attorney General Holder Announces New Curbs on Civil Asset Forfeiture. Federal authorities will only seize bank accounts when serious illegalities have been documented, he said Tuesday. The guidance focuses on Justice Department and IRS agents who have made seizures related to "structuring," or intentionally limiting the size of deposits to avoid scrutiny. "With this new policy, the Department of Justice is taking action to ensure that we are allocating our resources to address the most serious offenses," Holder said in a statement. "Appropriate use of asset forfeiture law allows the Justice Department to safeguard the integrity, security and stability of our nation's financial system while protecting the civil liberties of all Americans."

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