Asset Forfeiture

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Chronicle AM: NV Syringe Vending Machines, Good and Bad CO MJ Bills, More... (4/17/17)

Nevada will soon see the first syringe vending machines in the country, the Colorado legislature responds to a threatened federal crackdown -- for better and worse -- Wisconsin Gov. Scott Walker is moving forward with plans to drug test Medicaid recipients, and more.

Syringe vending machines -- coming first to Nevada. (wikimedia.org)
Marijuana Policy

A Majority of American Adults Have Tried Marijuana, Poll Finds. A new Marist/Yahoo poll finds that 52% of American adults have tried marijuana at least once, and that 56% find the drug "socially acceptable. The same poll has support for legalization at 49%, with 47% opposed.

DC Marijuana Activists to Hand Out Free Joints on Capitol Hill for 4/20. The same folks who brought legal marijuana to the nation's capital are planning to hand out more than a thousand free marijuana joints on Capitol Hill Thursday, 4/20, the unofficial marijuana holiday. Anyone over 21 who has a congressional ID is eligible for the free weed, said DCMJ. The activists said the action was meant to life the "special interest smokescreen" blocking marijuana reform in Congress.

Homeland Security Chief Says Marijuana "Not a Factor" in Drug War. DHS Secretary John Kelly said Sunday that marijuana is "not a factor" in the country's drug war and that "arresting a lot of users" will not solve the country's drug problems. Kelly responded to a question about whether legalizing marijuana in the US would help or hinder his work attempting to interdict drug shipments to the US. "Yeah, marijuana is not a factor in the drug war," Kelly responded, adding later: "It's three things. Methamphetamine. Almost all produced in Mexico. Heroin. Virtually all produced in Mexico. And cocaine that comes up from further south." And rather than arresting users: "The solution is a comprehensive drug demand reduction program in the United States that involves every man and woman of goodwill. And then rehabilitation. And then law enforcement. And then getting at the poppy fields and the coca fields in the south."

Colorado Social Consumption Bill Dies. A bill that would have set up the country's first statewide law allowing for on-premises marijuana consumption at licensed businesses is dead, with legislators citing fear of a federal crackdown for its demise. The House voted last Thursday to amend Senate Bill 17-184 to remove the provision that would have allowed adults to bring their own weed to businesses and consume it on-premises.

Colorado Senate Approves Bill to Shift Legal Marijuana Inventories Over to Medical Marijuana in Event of Federal Crackdown. The state Senate has approved Senate Bill 17-192, which would allow adult-use marijuana businesses to transfer their inventory to medical marijuana status if a federal crackdown on adult-legal weed happens. The bill now goes to the House.

Nevada Legislature Still Faces Heavy Load of Marijuana Bills. The legislative session marked its first key deadline last Friday when all proposed bills had to have passed out of their committee of introduction or be declared dead. And fourteen marijuana-related bills remain alive, including one, Senate Bill 302, that would allow dispensaries to begin selling marijuana to any adult beginning in July. Click the link for the rest of the bills and their status.

Tennessee Governor Signs Bill Killing Decrim in Memphis and Nashville. Gov. Bill Haslam (R) last Friday signed into law House Bill 173, which bars cities in the state from crafting marijuana penalties lesser than state law. The bill was a response to moves by the state's two largest cities, Memphis and Nashville, which had passed municipal decriminalization ordinances.

Medical Marijuana

Arkansas Regulators Finalize Medical Marijuana Rules. The state Medical Marijuana Commission last Tuesday gave final approval to rules governing dispensaries and cultivation facilities. The rules must still be approved by the legislature, which has passed some legislation that appears to conflict with them. The legislature only has until May 8 to modify the rules or the state will be out of compliance with the Medical Marijuana Act, which is now part of the state constitution.

Heroin and Prescription Opioids

Alabama House Approves Tougher Penalties for Heroin, Fentanyl. The House voted last week to approve harsh new penalties for the possession and sale of heroin and fentanyl. In a unanimous vote, the chamber approved a one-year mandatory minimum sentence for simple possession and increased penalties for trafficking, including a mandatory life sentence without parole for trafficking 10 or more kilos of either drugs. The bill is House Bill 203, which is now before the Senate.

Maryland General Assembly Passes Package of Heroin/Opioid Bills. The Assembly last week approved a package of bills aimed at tackling the state's heroin and prescription opioid crisis. One bill would create 24/7 drug treatment centers for addicts, increase reimbursements for drug treatment, and ease access to the opioid overdose reversal drug naloxone. A second bill would create drug awareness programs in schools and allow school nurses to stock and dispense naloxone. A third bill would require doctors to follow best practices when prescribing opioids, while a fourth bill increases prison sentences for people convicted of fentanyl offenses. The bills now await the governor's signature.

Asset Forfeiture

Arizona Governor Signs Civil Asset Forfeiture Reform Bill. Gov. Doug Ducey (R) last week signed into law House Bill 2477, which requires a higher evidentiary standard before police and prosecutors can seize assets from suspects. Instead of a "preponderance" of the evidence, cops must now provide "clear and convincing evidence" that the assets are linked to a crime.

Drug Policy

New York City Council Passes Bill to Coordinate Drug Policy Among City Departments. The city council recently passed legislation to create a coordinated municipal drug strategy. The bill empowers the Mayor to designate a lead agency or office to convene stakeholders including city agencies, outside experts, and communities impacted by drug use to develop a city-wide, health-focused plan for a coordinated approach in addressing issues related to drug use.

West Virginia Legislature Passes Bill Creating Drug Policy Office. A bill that would create an Office of Drug Control Policy within the Department of Health and Human Services has passed both houses of the legislature and awaits the governor's signature. The measure, House Bill 2620, passed last Friday, the final day of the session. Gov. Jim Justice (D) has fifteen days to sign the bill.

Drug Testing

Wisconsin Governor Moving Forward With Plan to Drug Test Medicaid Recipients. Gov. Scott Walker (R) on Monday posted his proposal for moving people off state Badgercare Medicaid, which includes a provision requiring drug screenings for Medicaid recipients. People suspected of illegal drug use after screening would be ineligible for coverage until they are tested. People who test positive would be offered drug treatment, while people who refuse the test would lose benefits for six months.

Harm Reduction

Nevada Becomes First State to Install Needle Vending Machines. In a bid to combat the spread of HIV/AIDS and Hep C, a needle exchange program in Las Vegas is now providing clean needles in vending machines. The Las Vegas Harm Reduction Center worked together with the Southern Nevada Health District and the Nevada AIDS Research and Education Society to install the new machines. Each client will be limited to two kits per week, with the kits including syringes, alcohol wipes, condoms, and a needle disposal box.

International

Canada Unveils Plan for Legal Marijuana Sales by June 2018. The Liberal government of Prime Minister Justin Trudeau last Thursday filed legislation designed to implement marijuana legalization by June of next year. The bill would allow adults 18 and over to possess up to 30 grams of dried marijuana and would allow the federal government to regulate producers, while the provinces would regulate sales to consumers. Other issues, such as pricing, taxation, and packaging are still to be worked out.

Chronicle AM: Trump Names Drug Czar Nominee, Dallas to Take Up Decrim, More... (4/11/17)

A Colorado bill barring co-op grows heads to the governor, an Oregon bill protecting marijuana consumers and an Iowa bill reforming asset forfeiture go to their governors, Trump reportedly names a new drug czar, and more.

Trump has reportedly named Rep. Tom Marino (R-PA) to head the Office of National Drug Control Policy. (marino.house.gov)
Marijuana Policy

Colorado Legislature Approves Banning Co-op Grows. The state Senate voted unanimously Monday to approve House Bill 17-1771, which makes it a criminal offense to grow recreational marijuana for other people. The House approved the measure earlier. Gov. John Hickenlooper (D) supported the bill and is expected to sign it.

Oregon Bill Would Shield Marijuana User Data from Federal Officials. The legislature has approved a bill that would protect marijuana consumers by ending the state practice of collecting point-of-sale identification information. The measure now goes to Gov. Kate Brown (D), who is expected to sign it.

Rhode Island Legalization Bill Hearing Today. The House Judiciary Committee was set to hold a hearing on a marijuana legalization measure, House Bill 5555, on Tuesday. The bill would legalize the consumption and cultivation of marijuana by adults and set up a system of legal, regulated marijuana commerce.

Tennessee Bill to Reduce Penalty for Small Amounts of Marijuana Fails. A bill that would have increased the amount of marijuana for which simple possession could be charged from one-half ounce to one ounce has died in the legislature. House Bill 0109 lost by one vote in the House on Monday.

Dallas City Council to Vote on Decrim Ordinance Wednesday. The city council will vote Wednesday on a proposal to decriminalize the possession of up to four ounces of marijuana. The city says it hopes to reduce jail time for nonviolent offenders and free officers for more serious policing priorities.

Medical Marijuana

Montana House Amends Regulation Bill, Advocates Unhappy. A bill aimed at setting up a new regulatory framework for medical marijuana in the state was radically overhauled in a House committee Monday -- and supports of the original measure are not pleased. The measure, Senate Bill 333, saw 20 amendments attached by the House Taxation Committee, including amendments that changed the taxing structure, before that committee sent it to the House floor. The bill has already passed the Senate, and if the bill passes the House, a conference committee will be necessary to try to reconcile the differences.

Asset Forfeiture

Iowa Legislature Approves Civil Asset Forfeiture Reform. The legislature has approved Senate File 446, which bars civil asset forfeiture for cash or property valued at less than $5,000 and raises the standard of proof required for asset seizure from "a preponderance of the evidence" to "clear and convincing evidence." The bill now heads to the desk of Gov. Terry Branstad (R) for final approval.

Drug Policy

President Trump Reportedly Names Congressman Tom Marino as Drug Czar. CBS News has reported that President Trump will name Rep. Tom Marino (R-PA) to head the Office of National Drug Control Policy (ONDCP -- the drug czar's office). Marino is a former prosecutor now in his third term who has cosponsored at least two major drug policy bills, the Transnational Drug Trafficking Act and the Ensuring Patient Access and Effective Drug Enforcement Act, both of which have their critics.

International

The Industry and Trade Ministry has proposed allowing the cultivation of opiates for medicine production. It has prepared a bill for the Duma take up. The notion has already been explored by federal executive bodies and apparently has their go-ahead.

Chronicle AM: DOJ Reviewing MJ Policy, DEA Subpoenaed Over Snitch Program, More... (4/6/17)

A Justice Department review of marijuana policy is underway, congressional overseers subpoena the DEA over its snitch program, California's governor moves to reconicle the state's legal and medical marijuana programs, and more.

The DEA is in the hot seat with congressional investigators over its confidential informant program.
Marijuana Policy

DOJ Task Force is Reviewing Marijuana Policy. Attorney General Sessions issued a memo Wednesday saying that a task force on crime and public safety is reviewing federal marijuana policy and is charged with making initial recommendations by July 27. The task is reviewing ways to reduce violent crime and illegal immigration and is reviewing marijuana policy under that rubric.

California Governor Proposes Means of Melding Legal and Medical Marijuana Systems. Gov. Jerry Brown (D) on Tuesday released proposed legislation aimed at uniting the state's legal and medical marijuana regulatory systems. The draft language generally favors the less restrictive language of Prop 64, the state's successful marijuana legalization initiative. The Drug Policy Alliance, the California Cannabis Industry Association, the UFCW Western States Council, and the California Cannabis Manufacturers Association are all backing the draft language.

Alaska Regulators Punt (Again) on Onsite Consumption. The Marijuana Control Board was supposed to take up the thorny issue of permitting onsite consumption of marijuana Wednesday, but instead the board spent its meeting going through a backlog of license applications for production facilities and pot shops. "They really wanted to focus on approved applications at this meeting so people could get started with their businesses as we move into summer," said Erika McConnell, director of the Alcohol and Marijuana Control Board. "On site consumption was kind of the big time consuming issue that they pushed until the end and then we ran out of time." Onsite consumption decisions will now be pushed back until at least the May 15 meeting, she said.

Connecticut Legalization Bill Dead -- At Least for Now. A bill that would legalize marijuana, Senate Bill 11, appears dead in the water after it failed to make the agenda for a Friday meeting of the Senate Judiciary Committee. Reports are the bill, sponsored by Senate President Martin Looney (D-New Haven), was pulled because it didn't have enough votes to pass the committee. Legalization is not quite dead yet, though: The Looney bill or one of several other legalization proposals could still be attached as an amendment to another bill.

Virginia Commission to Study Decriminalization. The State Crime Commission decided on Wednesday that it will study marijuana decriminalization. The decision was made by the commission's executive committee.

Medical Marijuana

North Carolina Medical Marijuana Bill Filed. State Sens. Teresa Van Duyn (D) and Valerie Jean Fousher (D) filed Senate Bill 648 on Tuesday. Under the bill, patients could possess up to 24 ounces of marijuana and grow up to 250 square feet of their own medicine. The bill would also establish a system of licensed cultivation centers and dispensaries. It has been referred to the Committee on Rules and Operations.

Hemp

West Virginia Legislature Approves Industrial Hemp Bill. The Senate voted unanimously Wednesday to approve House Bill 2453, which would allow for the licensing of qualified producers and state institutions to grow hemp for industrial purposes. The bill passed the House last month and now heads to the desk of Gov. Jim Justice (D).

Asset Forfeiture

Arizona Asset Forfeiture Reform Bill Awaits Governor's Signature. Gov. Doug Ducey (R) is in a tight spot, caught between the wishes of legislators, who approved the asset forfeiture reform measure House Bill 2477, and county prosecutors, who are urging him to veto it. The measure would change Arizona's civil asset forfeiture laws to require prosecutors to prove property was involved in a crime by "clear and convicting" evidence, a step above the current standard. Gov. Ducey has said he thinks this is an area of law that needs reform, but hasn't said whether he would sign the bill into law.

Law Enforcement

DEA Gets Hit With Congressional Subpoenas Over Its Informant Program. Rep. Jason Chaffetz (R-UT), head of the House Oversight Committee, has subpoenaed the DEA for documents related to its confidential informant program. Congress members have been seeking copies of the guidelines since last year, when a Justice Department report detailed how DEA spent more than $200 million on informants with little oversight, but DEA has only allowed members to view the guidelines on-site. "Congress has a right to have this material," Chaffetz said, during an Oversight Committee hearing that he chaired on Tuesday morning. "It is unbelievable to me that you think we shouldn't have a copy of it," he told Deputy DEA Administrator Robert Patterson. Chaffetz then went next door to the House Judiciary Committee, where DEA Administrator Chuck Rosenberg was testifying, and issued a subpoena. "We are issuing a subpoena, and so I see no choice," he then told DEA chief Rosenberg. "The Department of Justice just doesn't get to hide things from the United States Congress," Chaffetz said, adding that there is evidence of "massive problems" in the program.

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

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

Marijuana Policy

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

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

Medical Marijuana

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

Asset Forfeiture

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

Drug Testing

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

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

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

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

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

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

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

Medical Marijuana

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

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

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

Asset Forfeiture

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

Drug Policy

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

Harm Reduction

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

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

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

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

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

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

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

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

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

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

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

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

Groups supporting marijuana legalization pronounced themselves pleased.

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

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

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

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

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

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

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

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

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

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

Medical Marijuana

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

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

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

Asset Forfeiture

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

Law Enforcement

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

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

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

Marijuana Policy

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

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

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

Heroin and Prescription Opioids

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

Asset Forfeiture

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

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

Drug Policy

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

Law Enforcement

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

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

International

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

Chronicle AM: VT Legalization Bill Advances, ID Senate Approves Forfeiture Reform, More... (3/22/17)

Legalization bills are still alive in Rhode Island and Vermont, Idaho (!) is on the verge of passing civil asset forfeiture reform, North Dakota activists are threatening to strike back if the legislature messes too much with the state's new voter-approved medical marijuana law, and more.

Marijuana legislation is on the move in Montpelier. (Creative Commons/Wikimedia)
Marijuana Policy

Rhode Island Legislators Say They Have Votes to Legalize Marijuana. Two state legislators who have spearheaded the effort to legalize marijuana said on Tuesday they have majority support in both chambers to pass marijuana legalization -- if the legislative leadership allows the bills to get to a vote. Rep. Scott Slater (D-Providence), sponsor of House Bill 5555, and Sen. Joshua Miller (D-Cranston), sponsor of companion measure Senate Bill 420, said at a press conference said the House bill is sponsored by one-third of House members and the Senate bill by 15 of 38 senators, and that others don't want to support the bill publicly, but have pledged their private support. Both bills are currently before their respective judiciary committees.

Vermont Legalization Bill Wins Committee Vote. The House Judiciary Committee approved a marijuana legalization bill on an 8-3 vote Wednesday. House Bill 170 would allow adults to possess and grow small amounts of marijuana, but does not contemplate legal marijuana commerce. The bill now heads for a House floor vote.

Medical Marijuana

North Dakota Advocates Threaten Lawsuit or New Initiative in Face of Legislative Meddling. The head of the committee that ran the state's successful medical marijuana initiative campaign warned legislators Tuesday that they could face a legal challenge or even another initiative campaign if they don't back away from changes contemplated in Senate Bill 2344, which has already passed the Senate. That measure bars patients and caregivers from growing their own plants and restricts the use of smoked medical marijuana to cases where a physician attests that no other form of marijuana would be effective. The comments came from Rilie Ray Morgan as he testified before the House Human Services Committee.

Tennessee Medical Marijuana Bill Dies. Rep. Jeremy Faison (R-Crosby) said Tuesday that his medical marijuana bill, House Bill 495, is dead because senators were afraid to vote for it. "The Senate, bless their heart, are just scared to death of their voters," Faison said Tuesday after the House Health Committee shelved the bill and instead approved a non-binding marijuana-related resolution to study the issue over the summer.

Hemp

Texas Hemp Bill Filed. Rep. Bill Zedler (R-Arlington) has filed House Bill 3587, which would legalize the production and processing of industrial hemp for commercial purposes. The bill would direct the state Agriculture Department to set up a licensing and regulation program for hemp.

Asset Forfeiture

Idaho Senate Approves Civil Asset Forfeiture Reform. The state Senate on Tuesday unanimously approved House Bill 172, which would limit civil asset forfeiture to cases involving drug trafficking -- not simple possession -- and would clarify that simply being in possession of large amounts of cash is not evidence drug trafficking. The bill has already passed the House, but must now go back for a concurrence vote after the Senate amended by heightening reporting requirements, among other things.

Chronicle AM: DEA Says CO Not New Crackdown, Tunisia Easing Cannabis Penalties, More... (3/17/17)

Yesterday's DEA raids in Colorado do not signal a new crackdown, the agency says; Georgia CBD cannabis oil legislation looks set to advance, Rand Paul reintroduces a federal asset forfeiture reform bill, and more.

Marijuana Policy

DEA Raids Targeting Illicit Colorado Pot Distribution Ring Hit 20 Locations. The DEA and state and local law enforcement agencies raided at least 20 sites Thursday in a crackdown aimed at what it called a "large-scale illegal marijuana grow and distribution operation." DEA said the operation was selling exclusively outside of Colorado, which would have put it under DEA scrutiny even under the Obama administration's policy or largely letting states do their own thing. The DEA said Thursday's raids were not part of a new crackdown.

Medical Marijuana

Georgia Lawmakers Reach Compromise on CBD Cannabis Oil Bill. Lawmakers appear to have reached an agreement that would add six illnesses and conditions to the state's list of qualifying medical conditions, allow the use of CBD cannabis oil in hospice care, and keep the allowable level of THC in cannabis oil at 5% or less. That means Senate Bill 16 should now be able to pass out of the House Human Services Committee and head for a House floor vote.

New Yorkers Suffering Chronic Pain Will Be Able to Use Medical Marijuana Starting Next Week. After announcing in December that it planned to add chronic paid to its list of qualifying conditions for medical marijuana, the Health Department said Thursday patients could start getting recommendations for chronic pain beginning next Wednesday. The department also announced that physicians' assistants can now recommend medical marijuana. "Improving patient access to medical marijuana continues to be one of our top priorities, as it has been since the launch of the program," Health Commissioner Howard Zucker said in a statement. "These key enhancements further that goal."

Hemp

Arizona Hemp Bill Advances. The House Land, Agriculture, and Rural Affairs Committee approved Senate Bill 1337 Thursday. The measure would authorize industrial hemp production and explicitly does not require federal approval. The bill has already passed the Senate, but it still faces votes in the House Rules and House Appropriations committees before heading for a House floor vote.

Asset Forfeiture

Rand Paul Files Federal Asset Forfeiture Reform Bill (Again). US Sen. Rand Paul (R-KY) has reintroduced Senate Bill 642, the Fifth Amendment Integrity Restoration (FAIR) Act. The bill would target and limit federal civil asset forfeiture. Paul introduced the same bill last year. A companion measure, House Resolution 1555, has been filed in the House by Rep. Tim Walberg (R-MI).

International

Tunisia to Ease Marijuana Penalties Beginning Monday. For years, anyone caught with any amount of cannabis faced a mandatory minimum jail term, but the National Security Council said Wednesday that beginning next week, first offenders caught with cannabis will be pardoned as soon as judgement is pronounced. The council action comes as legislation that would have pardoned the first two possession offenses remains tied up in parliament.

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