Asset Forfeiture

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New Mexico Ends Civil Asset Forfeiture

This article was written in collaboration with AlterNet and originally appeared here.

In a historic move, New Mexico Gov. Susana Martinez (R) today signed into law a bill that will end civil asset forfeiture by law enforcement in the state, a practice widely known as "policing for profit." The measure is House Bill 560.

Under civil asset forfeiture, police and prosecutors can seize someone's property without ever charging them with a crime, let alone convicting them. Police can then funnel many of those assets, including cash seizures, back to their own departments, creating a vicious cycle of more profit-driven law enforcement providing more resources to law enforcement for more profit-driven law enforcement.

"This is a good day for the Bill of Rights," said ACLU-NM Executive Director Peter Simonson. "For years police could seize people's cash, cars, and houses without even accusing anyone of a crime. Today, we have ended this unfair practice in New Mexico and replaced it with a model that is just and constitutional."

The practice of asset forfeiture has been coming under increasing scrutiny and criticism in recent years as cases of abuse become more widely known. The Obama administration Justice Department has in the past few months taken steps to address asset forfeiture abuse at the federal level, and asset forfeiture reform bills have been introduced in a number of states this year. The governor of Wyoming vetoed one last month.

New Mexico is the first state where such a bill has passed, and it now has the strongest asset forfeiture protections in the county. The bill passed the legislature unanimously.

Under the new law, civil asset forfeiture will be replaced with criminal forfeiture, forcing authorities to actually convict someone of a crime before taking his property.

"With this law, New Mexico leads the nation in protecting the property rights of innocent Americans," said Paul Gessing, President of the Rio Grande Foundation. "Convicted criminals will still see the fruits of their crime confiscated by the state, but innocent New Mexicans can now rest easy knowing that their property will never be seized by police without proper due process."

"New Mexico has succeeded today in reigning in one of the worst excesses of the drug war," said Emily Kaltenbach, State Director for Drug Policy Alliance's New Mexico office. "Like other drug war programs, civil asset forfeiture is disproportionately used against poor people of color who cannot afford to hire lawyers to get their property back. This law is an important step towards repairing some of the damage the drug war has inflicted upon our society and system of justice."

Santa Fe, NM
United States

Chronicle AM: Third MI Init, TX MJ Bill Hearings, Drug Czar Touts Needle Exchanges, More (4/9/15)

An Alaska marijuana regulation bill continues its slow advance, another Michigan legalization initiative effort emerges, Texas pot bills get a hearing, the DEA recommends tripling the federal research marijuana crop, and more.

Drug czar Michael Botticelli touts needle exchang programs. (whitehouse.gov)
Marijuana Policy

Alaska Marijuana Regulation Bill Advances. The House Judiciary Committee Wednesday approved a bill to create a marijuana control board to govern the state's soon-to-be legal pot industry. The committee advanced the bill, House Bill 123, without adopting amendments that would have barred people with felony convictions within the past five years or misdemeanor drug convictions within the past three years from getting licenses. The bill now goes to the House Finance Committee.

Michigan Legalization Initiative Group Files Proposed Language. The Michigan Cannabis Coalition today submitted proposed language to state officials for review. The coalition is one of three groups considering a 2016 legalization initiative. If approved for signature-gathering, initiatives would have to come up with some 250,000 valid voter signatures within 180 days to qualify for the 2016 ballot.

Texas Marijuana Reform Bills Get Hearing. The House Criminal Jurisprudence Committee ran late into the night last night hearing impassioned testimony on a set of bills aimed at decriminalizing marijuana. The main bill is House Bill 507, by Rep. Joe Moody (D-El Paso), which would make possession of less than an ounce a civil infraction. Another bill, House Bill 325, from Rep. Gene Wu (D-Houston) would make possession of less than a third of an ounce a Class C misdemeanor, the least serious criminal offense. Yet another bill, House Bill 414, from Rep. Harold Dutton (D-Houston) would make possession of less than an ounce a Class C misdemeanor, while House Bill 1115, from Rep. Senfronia Thompson (D-Houston) would keep pot possession a misdemeanor, but would require police to cite and release anyone caught with less than four ounces. Finally, House Bill 2165, from Rep. David Simpson (R-Longview) would remove all marijuana prohibition laws from the books. No votes were taken.

Wichita Seeks Court Ruling on Legality of Local Decriminalization. The city has filed a petition for declaratory judgment in local district court asking the court to rule on the legality of enacting a decriminalization ordinance approved Tuesday by voters. State Attorney General Derek Schmidt said last month that the ordinance would have no effect, and he's also warned the city that he would be required to sue to enforce state law.

Medical Marijuana

DEA Recommends Government Triple Amount of Marijuana Grown for Research. The DEA recommended Wednesday that the government produce nearly 900 pounds of marijuana for research this year, more than three times the amount the agency had estimated it would need. The increase is because of "unanticipated medical, scientific, research, and industrial needs of the United States," the agency said in a notice published in the Federal Register.

Tennessee Medical Marijuana Bill Dead for This Year. Both the Senate Health and Welfare Committee and the House Health Committee voted to kill pending medical marijuana bills this week. Both committees, however, agreed to create summer study committees to look at the legislation.

Asset Forfeiture

Florida Senate Panel Takes Up Asset Forfeiture Bill. The Senate Appropriations Subcommittee on Criminal and Civil Justice today took up Senate Bill 1534, from Sen. Jeff Brandes (R-Tampa). The bill would limit law enforcement to using seized funds only to reimburse themselves for the cost of holding seized property, with the rest going into the Crimes Compensation Trust Fund.

Harm Reduction

Drug Czar Touts Needle Exchange Programs in Kentucky Visit. Director of the Office of National Drug Control (ONDCP -- the drug czar's office) Michael Botticelli touted needle exchange programs as a means of reducing the spread of infectious diseases and to steer drug users toward treatment in a visit to Kentucky Wednesday. He said the program also reduce the danger of law enforcement getting stuck with dirty needles. Kentucky lawmakers just passed an anti-heroin bill that will allow for needle exchanges, and a nearby Ohio county just started an emergency needle exchange to combat an HIV outbreak.

International

Chile Harvests First Medical Marijuana Crop. TV cameras were on hand in Santiago Wednesday as the country's first permitted medical marijuana crop was harvested. Chilean health officials last fall gave the okay. The therapeutic Daya Foundation will produce cannabis oils from the plants and provide them to 200 selected cancer patients.

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.

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."

Chronicle AM: NM Legislature Passes Civil Asset Forfeiture Ban, No Jail for Junkies in WA County, More (3/23/15)

A ban on civil asset forfeiture passes the legislature in New Mexico, there was a legalization demo in New Jersey and a medical marijuana rally in Tennessee, a UN agency says the herbicide used to spray Colombian coca crops causes cancer, and more.

Snohomish County, WA, is not jailing heroin addicts for nonviolent, misdemeanor offenses. (wikimedia.org)
Marijuana

Massachusetts Attorney General Opposes Legalization. Attorney General Maura Healey said today that while she supported a successful decriminalization initiative a few years ago, she doesn't support legalization. "I supported the effort to decriminalize small amounts of marijuana a few years ago, and I appreciated the motivation behind that move and ultimately, the law," Healey told Boston Herald Radio. "What I oppose though now is full legalization of marijuana." She said her views were informed by discussions with her counterparts in Washington and Colorado, who told her they had not seen a drop in drug trafficking and that people came from out of state to buy marijuana. A legalization bill is pending, and the state could see two different initiative campaigns next year if the legislature fails to act.

New Jersey Legalization Advocates Smoke Out in Trenton. More than a hundred people showed up for the "Spring Smoke Out" rally at the statehouse in Trenton Saturday. Led by veteran Garden State pot activist Ed "NJ Weedman" Forchion, the group toked up amid chants of "One, two, three four, smoke, smoke, smoke some more!" and demanded an end to pot prohibition.

Medical Marijuana

Idaho CBD Cannabis Oil Bill Heads for Senate Floor Vote. A bill that would allow for the use of cannabis oil to treat severe forms of epilepsy passed the Senate State Affairs Committee last Friday and now heads for a Senate floor vote. The measure is Senate Bill 1106. Another cannabis oil bill that would only allow an affirmative defense, Senate Bill 1146, also awaits a Senate floor vote.

Louisiana Medical Marijuana Bill Pre-Filed. State Rep. Dalton Honore (D-Baton Rouge) has pre-filed a bill that would allow for the use of marijuana for specified medical conditions, including seizure disorders, glaucoma, cancer, and the side effects of cancer treatments. The bill is House Bill 6. Last year, similar legislation failed to get out of committee in the face of opposition from law enforcement. The session begins April 13.

Tennessee Advocates in Smoky Mountain Medical Marijuana Rights Rally. Hundreds of people showed up for the Smoky Mountain Medical Marijuana Rights Rally and march in Johnson City Saturday. The rally comes as the state legislature considers a number of medical marijuana-related bills.

International

Bolivia Lashes Out at US Anti-Drug Report. The Bolivian government rejects the State Department's anti-drug report, released last week, which said the country is not complying with international anti-drug trafficking obligations."The report is unacceptable. The only thing it does is to put more obstacles to the hypocritical call to reestablish bilateral relations. This is the double standard policy that he US has and will always have," Government ministry spokesman Hugo Moldiz said.

Ten Killed in Mexico Cartel Attack on Police. Suspected drug gang members attacked a convoy of Mexico's newly militarized police force, the gendarmerie, in Jalisco state last Thursday, leaving five policemen dead, as well as three gang members, and two bystanders. It was one of the deadliest attacks on police since President Enrique Pena Nieto took office in December 2012.

UN Agency Links Herbicide Used to Spray Colombian Coca Crops to Cancer. The International Agency for Research on Cancer, a research arm of the World Health Organization, said last Thursday it had reclassified the herbicide glyphosate as a carcinogen. It cited what it said was convincing research showing that the herbicide creates cancer in lab animals and that it could cause non-Hodgkin's lymphoma in humans. Under a US-government supported program, Colombia has sprayed more than four million acres of land with the stuff in a bid to destroy coca crops. The Colombian government, however, expressed concern, but didn't say it was ready to stop the spraying. Eliminating cocaine "transcends" other concerns, said Health Minister Alejandro Gaviria.

Chronicle AM: DEA "Cold Consent" Searches, NYC Calls for Pot Legalization, KY Heroin Bills Collide, More (3/20/15)

An Ohio legalization initiative heads for signature-gathering, the NYC city council calls for decrim and legalization, the DEA's "cold consent" searches get critiqued, Kentucky pols can't agree on how to deal with heroin, and more.

A Justice Department OIG report criticizes the DEA's "cold consent" seaches. (justice.gov)
Marijuana

Louisiana Legalization Bill Pre-Filed. State Rep. Dalton Honore (D-Baton Rouge) has pre-filed a marijuana legalization bill. He submitted House Bill 117 yesterday. To go into effect, it would have to both pass the legislature and be approved by the electorate in the November 2016 election. Louisiana has some of the country's harshest marijuana laws.

Ohio Ballot Board Clears ResponsibleOhio Legalization Initiative. Backers of the ResponsibleOhio legalization initiative have cleared the final hurdle before beginning signature-gathering. The state Ballot Board agreed that the proposal amounts to a single constitutional amendment, so it's good to go. Backers will now need to gather more than 300,000 signatures by July to qualify for the ballot. The amendment would allow only 10 growing sites already promised to investors.

NYC City Council Calls for Decriminalizing and Legalizing Marijuana. This week, the New York City Council called for the state to pass legislation to both decriminalize and to tax and regulate marijuana. As part of the Council's State Budget and Legislative Agenda for the 2015-2016 legislative session, the council urged the state legislature to pass two marijuana policy reforms -- the Fairness and Equity Act and the Marijuana Regulation and Tax Act (MRTA). The Speaker of the City Council, Melissa Mark-Viverito had previously announced her support for marijuana legalization in November, but this marks the first time that decriminalization and legalization have been part of the Council's official legislative agenda.

Medical Marijuana

Georgia Medical Marijuana Bill Wins Senate Committee Vote. The Senate Health and Human Services Committee approved House Bill 1 yesterday. The measure has passed the House and now heads for a Senate floor vote.

Methamphetamine

New York Senate Approves Bill to Increase Meth Penalties. The Senate has passed Senate Bill 1150, which would increase penalties for meth possession and sale. Meth would be treated similarly to heroin and cocaine under the bill. The bill is now in the Assembly Codes Committee as Assembly Bill 5577.

Opiates

Kentucky Legislators Still Can't Agree on Heroin Bills. House and Senate negotiators met yesterday to try to reach a compromise on competing bills that address heroin use in the state, but mainly agreed to disagree. There are differences over increasing penalties for heroin dealers, whether to allow needle exchanges, and on how to protect people who report overdoses. There is now a chance legislators could agree on a compromise that simply omits the sentencing and overdose reporting provisions.

Asset Forfeiture

Sen. Chuck Grassley Investigating Asset Forfeiture Abuses in US Marshals Service. The Iowa Republican sent a letter Wednesday to the agency demanding documents after he received whistleblower allegations that the service's Asset Forfeiture Division had used asset forfeiture monies "to purchase extravagant office decorations such as custom wall paper and window treatments." He is also looking into allegations of favoritism in hiring at the agency.

Law Enforcement

Justice Department Report Criticizes DEA's "Cold Consent" Searches. In a new report, the Justice Department's Office of the Inspector General details how the DEA's use of "cold consent" searches, where agents confront travelers at airports, bus, and rail stations and "ask" for consent to search them, may be racially profiling passengers and unjustly seizing their money. Click on the title link or read the report for lots more detail.

Reentry and Rehabilitation

Ex-Felon Federal Voting Rights Bills Filed. Sen. Ben Cardin (D-MD) has filed S 772 to secure the federal voting rights of people who have served their time. Rep. John Conyers (D-MI) has filed a companion bill, HR 1459, in the House.

Sentencing

Smarter Sentencing Act Picks Up More Cosponsors. The Senate version, S 502, now has nine cosponsors, with the latest being Sen. John Isaakson (R-GA). The House version, HR 920, now has 22 cosponsors, with six signing on in the past week. The bills would retroactively apply provisions of the Fair Sentencing Act and would reduce mandatory minimum sentences.

International

Canada Supreme Court Takes Up Medical Marijuana Edibles. The high court is hearing a case where plaintiffs charge that Health Canada violated medical marijuana patients' constitutional rights to life, liberty, and safety by barring any form of marijuana except dried plants. The government has lost at every step of the legal process so far, but continues to argue the case.

Zambia Opposition Party Joins Green Call for Marijuana Legalization. Zambia's second largest opposition party, the United Party for National Development, has joined the Greens in calling for the legalization of marijuana cultivation. "There is nothing wrong with cannabis. Just like you and me 'dear reader' Cannabis Sativa, the plant, was also created by God," wrote party vice-president for political affairs Canisius Banda. "Cannabis is a resource. Cannabis must be decriminalized the world over. Nonetheless, regulation, albeit wise, just as it exists for many other things ought to remain. Just like Zambia boasts of Copper, California boasts of Cannabis, the biggest cash crop, responsible for US$14 billion a year in sales. Zambia would do well, under decriminalized but controlled conditions, to start growing Cannabis, and at least, for now until we are a bit more civilized, only for export to countries that have made it legal."

Chronicle AM: NH Decrim Bill Passes House, CO Legal Pot Sales Record, Coca-Chewing Day in Bolivia, More (3/12/15)

Marijuana stories all over the place, medical marijuana, too; federal drug policy bills (good and bad) get filed, it's it's National Coca-Chewing Day in Bolivia, and more. 

Marijuana Policy

Alaska Legislators Get Earful from Public Over Changes to Legalization Bill. The Senate Finance Committee overhauled Senate Bill 30, the bill that would implement the Measure 2 legalization initiative, by reversing language in the bill that would have removed marijuana from the state's controlled substance schedules and by creating new marijuana crimes. That didn't sit well with the public, who raked the committee over the coals during a hearing yesterday. It's holding another hearing today.

Arizona Legalization Initiative Drafters Grapple with Home Cultivation. A split has emerged between Safer Arizona and the Marijuana Policy Project (MPP) over including home cultivation language in a proposed legalization initiative. The latest draft of the initiative contains no language allowing for home cultivation, and Safer Arizona is accusing MPP of doing the bidding of dispensary operators, who it says want to corner the market. MPP says it supports home cultivation, but may be willing to sacrifice it if it thinks such a provision could delay ending pot prohibition in a given state. Stay tuned.

Colorado January Recreational Pot Sales Hit Record.  Sales in January were $36.4 million, according to the Department of Revenue, more than double the $14 million reported in January 2014. January recreational pot sales generated nearly $2.35 million in excise taxes designated for schools. Last year was when recreational marijuana sales began rolling out, so it is expected that 2015 is going to be even bigger than 2014, when more than $300 million in recreational sales occurred.

Connecticut Poll Has Solid Majority for Pot Legalization. A new Quinnipiac poll has support for marijuana legalization at 63%, up nine points from the same poll less than a year ago. The poll comes as the Judiciary Committee considers two bills that would legalize it, House Bill 6703 and House Bill 6473.

Massachusetts Marijuana Legalization Bill Filed. Rep. David Rogers (D-Belmont), Sen. Pat Jehlen (D-Somerville), and 13 bipartisan cosponsors today introduced House Bill 1561, which would legalize marijuana for adults and establish a system of taxed and regulated marijuana commerce. If the legislature doesn't act on legalization, reform advocates are vowing to put an initiative before voters I n 2016.

Michigan Group Plans 2016 Legalization Initiative. A group calling itself the Michigan Comprehensive Cannabis Law Reform Initiative Committee said today it is planning a 2016 legalization initiative petition drive. The committee's chairman, Jeffrey Hank, said "the time is right" to create "a responsible tax and regulation scheme for adult use age 21 and over, and permits the farming of hemp."

New Hampshire House Overwhelmingly Approves Decriminalization Bill. A veto-proof majority of the House voted yesterday to approve House Bill 618, which would decriminalize the possession of up to an ounce of pot, five grams of hash, and six pot plants. The House has passed similar measures before, only to see them die in the Senate. If it passes the Senate this year, it still faces a probable veto from Gov. Maggie Hassan (D).   

Medical Marijuana

Federal Judge Reject Prosecution Attempt to Jail Kettle Falls Five Defendants Before Sentencing. Just one week after three medical marijuana patients were acquitted by a federal jury of all but one charge stemming from the widely watched Kettle Falls Five trial, US District Court Judge Thomas Rice rejected attempts by the Justice Department (DOJ) to imprison the defendants pending sentencing on June 10th. Judge Rice's ruling comes just a day after defense attorneys filed their opposition to the government's pre-sentencing detention effort

Hawaii House Approves Dispensary Bill. The House Tuesday gave its approval to a bill that would allow for at least 26 dispensaries to open across the state. The measure is House Bill 321.

Iowa CBD Medical Marijuana Bill Moves. A bill that would expand medical marijuana access in the Hawkeye State won a subcommittee vote in the state Senate yesterday. The legislature last year approved a law allowing for the use of CBD cannabis oil for epilepsy, but didn't provide for the legal distribution of the oil. The current bill would do that, as well as expand the number of qualifying conditions.

Pennsylvania Poll Shows Growing Support for Medical Marijuana. A new Robert Morris University poll has support for medical marijuana at 67.5%, up more than 11 points from a similar Robert Morris poll last year. At least three medical marijuana bills are currently before the General Assembly.

Tennessee CBD Cannabis Oil Wins Committee Vote. The House Criminal Justice Subcommittee has approved House Bill 197, which would allow people with seizures to use CBD cannabis oil with a doctor's recommendation. The bill now goes to the full House Criminal Committee.

Asset Forfeiture

Texas Civil Asset Forfeiture Reform Bill Filed. State Rep. David Simpson has introduced House Bill 3171 to repeal civil asset forfeiture. "No one should forfeit their property without being convicted of a crime," the Republican said. "Our current civil forfeiture provisions, though a well-intended tool for law enforcement, have eroded the constitutional rights of individuals. It is time we end the practice."

Rehabilitation and Reentry

Federal Bill to Seal or Expunge Records for Nonviolent Offenses Filed. Sen. Rand Paul (R-KY) has filed Senate Bill 675, which provides for the sealing or expungement of records relating to federal nonviolent criminal offenses. It's been assigned to the Senate Judiciary Committee.

Sentencing

Connecticut Poll Finds Strong Support for Reducing Penalties for Drug Offenses. A new Quinnipiac poll finds two-third (67%) of voters support making simple drug possession a misdemeanor instead of a felony and 82% support eliminating mandatory minimum sentences for small-time drug possessions.

Harm Reduction

Federal Bill to Encourage Use of Opiate Overdose Drug Filed. Sens. Kelly Ayotte (R-NH) and Edward Markey (D-MA) yesterday filed the Opioid Overdose Reduction Act, which would  "protect first responders, health professionals and family members who are educated in administering an opioid overdose prevention drug, such as naloxone (also known as Narcan) in an emergency situation of overdose. Rep. Richard Neal (D-Mass.) plans to introduce companion legislation in the House of Representatives in the coming weeks. The bill is not yet available on the congressional website. Similar legislation was filed last year.

Law Enforcement

Federal Bill Aimed at Candy-Coated Drugs Filed. Octogenarian Sens. Diane Feinstein (D-CA) and Charles Grassley (R-IA) today filed the Candy-Flavored Drugs Act, under which ""criminals who manufacture, create, distribute, dispense or possess candy coated drugs with the intent to distribute them to a minor would get up to 10 years for the first offense and 20 years for the second offense." The bill is not yet available on the congressional website.

International

It's National Coca Chewing Day in Bolivia. Bolivian social movements are marching from the La Paz suburb of El Alto toward Villaroel Square in the capital to commemorate National Coca-Leaf Chewing Day. The event is part of a domestic and international campaign to restore the traditional uses of the coca leaf. 

Chronicle AM: NY Times Backs Fed MedMJ Bill, MD Asset Forfeiture Reform, Drugs Legal Today in Ireland, More (3/11/15)

The Times takes a stand for medical marijuana, North Dakota says no thanks, asset forfeiture reform moves in Maryland, synthetic drug bans move in Texas, Kentucky gets sued over its drug treatment practices, and more. 

 

The nation's "newspaper of record" gets behind the new federal medical marijuaan bill. (Sandra Yruel/DPA)
Medical Marijuana

New York Times Endorses Booker-Gillibrand-Paul Medical Marijuana Bill. The editorial of the nation's "newspaper of record" wrote today that the bill, which would clear away federal impediments to state-level medical marijuana, "deserves to be passed by Congress and enacted into law." Click on the link for their reasoning.

North Dakota House Committee Votes Down Medical Marijuana Study Bill. The Human Services Committee has rejected a resolution calling for an interim study on medical marijuana. The measure was House Concurrent Resolution 3059. The state legislature defeated a medical marijuana bill earlier this session, and backers of the resolution hoped they could keep the conversation going. They couldn't.

New Synthetic Drugs

Texas Synthetic Drug Bill Advances. A pair of bills seeking to criminalize new synthetic drugs not covered by existing laws were approved unanimously by the Senate Committee on Criminal Justice Tuesday. The measures are Senate Bill 172 and Senate Bill 461.

Asset Forfeiture

Maryland House Passes Civil Asset Forfeiture Reform Bill. The House of Delegates approved House Bill 360 Tuesday. The bill would require the state to prove that the property's owner knew it was used or intended for a drug crime, switching the traditional burden of proof in asset forfeiture. It would also require police to report seizures and bar them from using the federal asset forfeiture program to get around state law, except in federal cases. The bill now heads to the Senate. >

Opiate Maintenance

Kentucky Sued Over Drug Treatment Practices. A nurse with an opiate addiction whose bond bars her from using opiate maintenance medications has sued the state, saying its practice of forbidding addicts from using drugs such as methadone or suboxone while they are under the supervision of the criminal justice system violates the Americans With Disabilities Act and the Constitution's equal protection clause.

International

Peru Ponders a Return to Shooting Down Suspected Drug Planes. The government of President Ollanta Humala said Tuesday it is considering backing a bill that would lift a 14-year-old ban on shooting down suspected drug planes. That ban was enacted after a Peruvian jet fighter blew a civilian plane out of the sky, killing American missionary Roni Bowers and her infant child. The bill sponsored by an opposition member passed the defense commission on Monday.

 

Ecstasy, Meth, Other Drugs Are Legal in Ireland Today, But Not Tomorrow. The Irish court of appeal threw the country into a dizzy Tuesday when it threw out portions of the Misuse of Drugs Act, effectively legalizing the possession of drugs whose scheduling had not included consultations with parliament. But the parliament is moving emergency legislation which is expected to pass today and recriminalize their possession by tomorrow. 

 

Richard Branson Joins Call for Clemency for Australians to Be Executed in Indonesia. With execution looming for two Australian drug smugglers in Indonesia, British entrepreneur Richard Branson has joined the call for President Joko Widodo to spare them. Indonesia would be better off treating drugs as a health issue, he said in a letter. "Treating drugs as a health issue, not as a criminal issue, it actually helps lower the number of drug deaths," he said. "It limits the spread of infectious diseases like HIV and AIDS, or hepatitis C, and it reduces drug-related crime. And it allows people who struggle with addiction to become useful members of society again."

Chronicle AM: INCB Scolds US, Uruguay on Pot; DC & NYC Top Cops on Marijuana, Iran Executions, More (3/3/15)

The top cops in DC and New York City offer wildly contrasting remarks on marijuana, Iran hangs drug offenders, while Indonesia prepares the firing squad for them, a Florida man gets acquitted of a marijuana cultivation charge in Florida by convincing a jury it was medical, and more.

Iranian drug executions (handsoffcain.info)
Marijuana Policy

Delaware Governor Says Legalization Won't Happen on His Watch. "We've got a lot more to learn" before legalizing marijuana, Gov. Jack Markell (D) said in an interview. "I'm certainly willing to look at the decriminalization aspect. I am not in support of doing what they've done in Colorado or Washington state or a few other places, doing full legalization," Markell added. "It's not gonna happen while I'm governor. It may be the right thing. But I don't think we know. I think we need to take a few years and see what the impact has been in some of these other states." The legislature will take up a decriminalization bill this month.

DC City Council Approves Emergency Action to Ban Cannabis Clubs. The council voted unanimously today to ban cannabis clubs, as well as smoking it in bars, clubs, and virtually anywhere else outside a private residence. Mayor Muriel Bowser said the legislation was needed to close a loophole that could allow cannabis clubs, but legalization proponents criticized the move, saying it was unneeded and overly broad. They also warned that passage could render void an agreement they had with Bowser to try to tamp down public displays of pot smoking that could provoke congressional hardliners.

DC Police Chief Says All Marijuana Arrests Do Is "Make People Hate Us." DC Police Chief Kathy Lanier has said that alcohol is a bigger problem than pot and that arresting people for marijuana doesn't accomplish anything. "Marijuana smokers are not going to attack and kill a cop," Lanier said while speaking at the American News Women's Club. "They just want to get a bag of chips and relax. Alcohol is a much bigger problem. All those marijuana arrests do is make people hate us."

NYPD Commissioner Blames Marijuana for Jump in Murders. The NYPD blames marijuana for a 20% increase in homicides in the city. "The seemingly innocent drug that's being legalized around the country -- in this city, people are killing each other over marijuana," said Commissioner Bill Bratton. Reform advocates were quick to point out that the killings were a function of prohibition, not anything intrinsic to marijuana.

Maine Bill Seeks to Block Local Legalization Initiatives. Rep. James Campbell (I-Newfield) has filed a bill that says municipal marijuana legalization petitions "may not be approved for inclusion on the ballot or considered at any town meeting." The measure, LD 67, is currently before the Senate Committee on State and Local Government. Legalization proponents have successfully used local initiatives to win votes in some of the state's largest cities.

Texas Marijuana Legalization Bill Filed. Rep. David Simpson (R-Longview) yesterday introduced House Bill 2165, which would legalize marijuana by removing all mention of the drug from state statutes. "Let's allow the plant to be utilized for good -- helping people with seizures, treating warriors with PTSD, producing fiber and other products -- or simply for beauty and enjoyment," Simpson said.

Washington Senate Passes Bill to Ban Marijuana Vending Machines. The Senate voted 47-0 yesterday to approve a bill banning pot sales in vending machines or drive-through windows. The measure is Senate Bill 5903. It now moves to the House.

Medical Marijuana

In Historic Verdict, Jury Acquits Florida Patient on Marijuana Charge. A Broward County jury effectively nullified the state's marijuana laws Monday by acquitting a defendant who testified that he grew and used pot for medicinal purposes. Jesse Teplicki testified at his trial that he smoked marijuana to treat the nausea and suppressed appetite that had been plaguing him for years. The jury deliberated for less than an hour before returning with a verdict of "not guilty." Teplicki, 50, was looking at up to five years in state prison if convicted.

Utah Medical Marijuana Bill Held Up. Sen. Mark Madsen (R-Saratoga Springs) tried to persuade his colleagues to hold a quick vote on Senate Bill 259 after a brief debate yesterday, but that didn't happen. The bill is now on hold with 10 days left in the session.

Asset Forfeiture

Wyoming Legislative Interim Committee Could Take Up Asset Forfeiture Reform. After the state Senate failed to override a veto of a civil asset forfeiture reform measure by Gov. Matt Mead (R), the Joint Judiciary Committee met yesterday to come up with a list of topics it wants to consider before the next session. Asset forfeiture reform is one of them, but the final decision will be made by a Management Committee consisting of legislative leaders from both parties.

Rehabilitation and Reentry

New Mexico Bill Restricting Use of Criminal Record Queries for Job Applicants Passes Senate. The Criminal Offender Employment Eligibility Act (Senate Bill 583) passed the Senate yesterday and heads to the House. The "ban the box" bill bars private employers from asking on an application form if someone has a criminal conviction, or from considering a conviction before the final round of an employment decision. Six other states have similar law. New Mexico already has a similar law that applies to public employees.

International

INCB Annual Report Scolds US, Uruguay Over Marijuana Legalization. The UN's drug watchdog body, the International Narcotics Control Board, has wagged a finger at Uruguay, which became the first country to legalize marijuana, and at the US, where two states were singled out for criticism for having legalized it. The scolding came in the INCB's annual report, released today.

Leading Paraguayan Senator Calls for Marijuana Reforms. Senator Blas Llano, chair of the National Congress, has called for an end to pot prohibition in a bid to "put an end to the drug traffickers' business." Paraguay is the leading marijuana producers in South America and second only to Mexico in Latin America.

Iran Hangs Eight for Drug Offenses in Past Week. At least people have been executed for drug crimes by Iranian authorities in the past week, according to the death penalty watch group Hands Off Cain. Iran executed hundreds of drug offenders last year and dozens so far this year. It is the world's leading drug executioner.

Indonesia Prepares to Execute 10 For Drug Offenses. Nine foreigners and one Indonesian citizen are set to be executed by Indonesian authorities later this week. Preparations at the execution site have been completed, and the prisoners are set to be transferred there tomorrow. The killings of foreigners have led to diplomatic disputes with some of their home countries, but that has not deterred Indonesian President Joko Widodo, who has consistently supported the death penalty for drug smuggling.

Chronicle AM: TX Border Surge Flops, Belize Decrim Proposal, British Drugged Driving Law, More (3/2/15)

There will be a smoke-out in Trenton later this month, medical marijuana is moving in Utah, the Texas "border surge" accomplishes little, KY cops ignore asset forfeiture reporting, a tough, new British drugged driving law has gone into effect, and more.

Indiana has to try again to ban synthetic drugs. (MN Dept of Public Health)
Marijuana Policy

Indian Tribes Gather in Washington State to Talk About Marijuana Production. Representatives of at least 75 tribes attended a conference in Tulalip last Friday to discuss legalizing, regulating, and producing marijuana on their reservations. The move comes after the Justice Department announced that it would not block tribes from doing so. Many tribes are cautious or reluctant to consider the notion, but there appears to be plenty of interest, too.

Colorado's 2014 Marijuana Sales Numbers. According to a to new report from the state, nearly five million pot-infused edibles and nearly 75 tons of marijuana were legally sold in Colorado last year. And that's with only 67 of the state's 321 local jurisdictions allowing for the sale of recreational or medical marijuana. Of course, those 67 localities are where most of the people are. Medical marijuana accounted for nearly 110,000 pounds of marijuana sales, while recreational accounted for nearly 39,000 pounds.

New Jersey Legalization Advocates Plan "NJ Spring Smoke-Out Rally" in Trenton. A coalition of groups advocating legalization will hold a "Million Marijuana March" for legalization or "any progressive measures on marijuana" on March 21. The groups include the East Coast Cannabis Coalition, the Coalition for Medical Marijuana -- New Jersey, CB Delaware, Delaware NORML, Decarcerate the Garden State, The Legalize Marijuana Party, Legalize Cannabis in Atlantic City and Fully Baked Radio. Check the event's Facebook page for more details.

Medical Marijuana

New, Weaker CBD Cannabis Oil Bill Filed in Georgia Senate. The House last week passed a CBD cannabis oil bill, but now, Sen. Lindsey Tippins has filed a new bill that would not make the drug available, but would instead set up a four-year study. The Tippins bill is not yet up on the legislative website; the House bill that passed is House Bill 1.

Poll Shows Strong Support for Medical Marijuana in Iowa. A new Des Moines Register poll has support for medical marijuana at 70%, up from 59% a year ago. The state approved a CBD cannabis oil bill last year, but patient advocates say that law is useless because it doesn't provide for distribution of the medication.

Utah Medical Marijuana Wins Senate Committee Vote. The state Senate Judiciary Committee last Friday approved Senate Bill 259, a full-blown medical marijuana bill. The measure should go to the Senate for a floor vote this week.

Heroin & Prescription Opiates

Illinois Lawmakers File Omnibus Bill to Battle Opiate Addiction. House Assistant Majority Leader Rep. Lou Lang (D) and GOP Rep. John Anthony were set today to file a comprehensive, 240-page bill to deal with heroin and prescription opiate use and addiction. It would allow the overdose reversal drug naloxone to be distributed more widely, require the creation of a drug prevention program for schools, require that coroners report all overdose deaths to the Department of Public Health, require pharmacies to serve as drug "take back" sites, and limit pain reliever prescriptions.

Kentucky Senate Panel Hears House's Heroin Bill. Although the state Senate has already passed its own omnibus heroin bill, Senate Bill 5, the Senate Standing Committee on the Judiciary last Friday took up the House's omnibus heroin bill, which has lesser sentencing increases for heroin offenders, has a Good Samaritan provision, and allows for the broader use of the overdose reversal drug naloxone. The committee took no action on the bill.

New Synthetic Drugs

Indiana Supreme Court to Hear State's Appeal of Ruling Throwing Out Ban on Synthetic Drugs. The state's high court has agreed to hear an appeal from the state attorney general of a January Court of Appeals decision throwing out the state's ban on synthetic drugs as unconstitutionally vague. The appeals court explicitly rejected a list of more than 80 chemical compounds, look-alike substances, and synthetics as too difficult to understand.

Asset Forfeiture

Kentucky Cops Generally Ignore State's Asset Forfeiture Law. LEX 18 TV News has looked into state law enforcement agencies' compliance with asset forfeiture statutes and has found that "a state law designed to give oversight of Kentucky asset forfeiture practices is mostly ignored by Kentucky police agencies." According to the station, only 63 of about 400 law enforcement agencies in the state filed required annual reports on their drug-related seizures last year, "leaving potentially millions of dollars' worth of goods unaccounted for."

Law Enforcement

Texas "Border Surge" Accomplishes Little. Last year's "surge" on the Mexican border, which saw Texas National Guard troops, state troopers, and game wardens flood the border, has done little to stop the flow of drugs, state officials said Friday. But they still want another $815 million for two more years' worth of surging.

International

New British Drugged Driving Laws Now in Effect. New drugged driving laws went into effect yesterday in the UK. Officers can now do roadside tests for cocaine and marijuana with a "drugalyser." Previously, they had to arrest suspect and take them to a police station for a blood draw under medical supervision. Other drugs will still require going to the police station for a test. The law also covers prescription drugs. Under the law, police will not be required to prove impairment, only that the drugs were present.

Israeli Leftist Party Embraces Marijuana Legalization. With elections looming, the leftist Meretz Party is looking for a boost by embracing marijuana legalization. "Legalization and decriminalization have a political home, and that home is Meretz," said Tamar Zandberg in a video released on the party website last week. Zandberg is number five on Meretz's list for the Knesset.

CARICOM Agrees on Commission to Look at Pot Legalization. The Caribbean Community agreed over the weekend on the composition of a commission to look into marijuana legalization. Bahamas Prime Minister Perry Christie, currently chairman of the group, said members expect the commission to "soon begin its work to look into the economic, health and legal issues surrounding the use of marijuana and to consult with stakeholders to get a view on the issue." The move comes just days after Jamaica gave final approval to decriminalizing marijuana.

Belize Decriminalization of Marijuana Committee Issues Report, Calls for… Decriminalization. After nearly three years of pondering, the decriminalization committee has called for decriminalization. The committee is calling for possession of less than 10 grams to be subject only to administrative penalties.

Drug War Issues

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