Drug War Chronicle #1011 - February 26, 2018

Rick Steves Has Three Must-Sees for a Jeff Sessions European Drug Policy Trip

PBS star and prolific travel guidebook author Rick Steves is a prominent advocate of marijuana legalization and drug reform. For years, he has advocated for freeing the weed and adopting a more moderate, European-style approach to drug policy.

He has enjoyed successes, playing a leading role in bringing the public around in Washington state, which legalized weed in 2012, and continuing to make his high-profile calls for more enlightened drug policies. But now, the Trump administration, and Attorney General Jeff Sessions in particular, is trying to put the brakes on, and that got Steves thinking.

In response, as Rolling Stone reports, Steves has now combined his travel savvy and his drug reform advocacy in proposing an eye-opening, pot-centric European travel itinerary tailor-made for Sessions in the hope that some of the Old World tolerance would rub off on him.

Here are the three must-sees on Steves' Sessions European drug policy itinerary:

1. Switzerland. "I would take him to Switzerland and we'd go to a heroin maintenance clinic," Steves said, referring to the country's pioneering and non-criminal approach to opioid addiction.

2. Barcelona. Cannabis clubs are allowed there. "In Spain they can't sell marijuana but they can grow it. In practice, they don't want to grow it so they join a club that grows it collectively, and they can enjoy the harvest."

3. The Netherlands. Steves said he would take the attorney general to one of those famous Dutch "coffee shops" where adults can legally purchase small amounts of weed. "After the coffee shop, we'd visit a mayor and a policeman and have [Sessions] listen to the mayor and policeman explain why they'd rather have coffee shops than have marijuana sold on the street," Steves says.

Although he didn't mention it, there is one other European destination that could be an eye-opener for Sessions:

4. Portugal.The Iberian nation decriminalized the possession of all drugs in 2001. And not only is it still standing, it has drug use levels similar to other European countries, but without all the arrests.

Of course, Sessions is unlikely to take Steves up on his offer and even more unlikely to be convinced by saner European approaches, but Steves' point is still made: There are better ways of dealing with drug use and abuse. We just have to acknowledge them.

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California's Marijuana Farmers Are Slow to Join the Legal, Regulated System

The vast majority of California's marijuana growers have yet to try to move into the state's new legal regulatory framework, leaving big questions looming around whether they can survive in the brave new world of legal weed, whether a substantial illicit market will remain, and whether that anticipated tax revenue windfall will actually materialize.

According to a report released Monday by the California Growers Association, representing mainly small-scale growers across the state, fewer than 1% of growers have been licensed so far. That's a measly 534 licensed growers out of an estimated 68,000 in the state.

The report, "An Emerging Crisis: Barriers To Entry In California Cannabis," identifies a number of obstacles for small producers and warns that those issues must be addressed if participation is to increase and a post-legalization law enforcement crackdown is to be avoided.

"Without broad participation, legalization will look a lot like prohibition," with many illicit growers, the report concludes. "The current system will not achieve its goals without fundamental and structural changes that allow small and independent businesses to enter into compliance."

Obstacles to participation include lack of access to the financial sector. the high costs of complying with regulatory and tax burdens, state regulations that seem perversely designed to weed out small competitors, slow-moving or sometimes hostile local governments, and a saturated market.

As one Sonoma County cultivator put it in the report:

The unintended consequence of making it so difficult at the local and state level to enter the regulated market is that 80-90% of those who were working with dispensaries prior to 1/1/2018 are being pushed to the black market. This is not only bad for the regulated market because so much high quality product is now flooding into the black market, but crime is increasing as a result as well.

I am truly heartbroken to see what the regulatory system has done to the artisan cultivators and manufacturers who were creating diverse, boutique products. These people who built this industry are not allowed to participate. I hope we can course correct this year.

State and local governments need to make course corrections now "or else a staggering number of businesses will fail, while staggeringly few enjoy significant growth," the report warned. "Many of the best growers -- the most dedicated and passionate artisans who can add tremendous value to the state marketplace -- are the ones being left behind."

It's unlikely all those pot farms are just going to dry up and blow away, though. The report notes that the state currently produces about 15 million pounds of marijuana each year, but that only 3 million pounds are consumed in-state. That means the vast majority of California-grown marijuana is already heading for out-state markets in prohibitionist states. Quick action to make California's legal markets more friendly to small producers may eventually entice more to fight their way into the regulated economy, but it's going to take the end of prohibition in the rest of the country to end California's black market marijuana exports.

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Medical Marijuana Update

Medical marijuana foes in Arizona take aim at pot doctors, a Michigan judge strikes down Detroit's medical marijuana initiative, Ohio's medical marijuana rollout hits a bump, and more.

Arizona

Last Thursday, a House committee advanced a bill to make felons of lax pot docs. The House Health Committee voted 6-3 on party lines to approve a bill that would make doctors who sidestep rules for medical marijuana recommendations guilty of a felony. Under the bill, doctors who violate any rule or law could get up to a year in prison. Under current law, they face only discipline from county medical boards. The measure, backed by arch-foe of medical marijuana Yavapai County Attorney Sheila Polk, is House Bill 2067.

Michigan

Last Friday, a state judge struck down a Detroit medical marijuana initiative. A Wayne County circuit court judge overturned a voter-approved initiative that would have relaxed restrictive local controls on medical marijuana businesses in the city. Proposal B would have allowed pot shops and processing businesses in all business and industrial districts, including downtown and Midtown. The judge cited state court precedent that zoning questions could not be decided by voter initiatives.

Ohio

On Tuesday, a lawsuit challenged the grow license process. A lawsuit filed by would-be medical marijuana grow operators who weren't picked for the large grow licenses issued by the state Department of Commerce threatens to disrupt the rollout of the program. The growers are suing the department, the officials involved in grading application, and all the businesses that won licenses. They charge they weren't treated fairly in the licensing process.

West Virginia

On Tuesday, state regulators will recommend allowing smokeable medical marijuana. The state medical marijuana board announced that it plans to recommend to lawmakers that some patients be allowed to use marijuana in a smokeable form. The board will also recommend removing or increasing the cap on the number of growers, processors, and dispensaries in the state and allowing one company to take on more than one of those roles.

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

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This Week's Corrupt Cops Stories

Sticky-fingered cops go down, so do inmate-serving prison guards. Let's get to it:

In Wichita, Kansas, a former Sedgewick County sheriff's deputy was arrested last Tuesday for failing to turn in drug evidence in a narcotics case. Justin Price, a 4 ½ year veteran of the department, is charged with official misconduct.

In Laurel, Indiana, a former Laurel Reserve Police officer was arrested last Wednesday for using $2,500 in drug buy money for his own purposes. Clinton Ellis, 34, caught the eye of authorities when a fellow officer reported that Ellis had given him a seized gun as a gift, and further investigation revealed the theft of the drug bust money. He faces two counts each of theft and official misconduct.

In Blairsville, Georgia, an East Ellijay police officer was arrested last Friday for allegedly stealing money from a woman he arrested on drug charges. Officer Michael Gene McLure is accused of stealing and cashing a $150 money order from a woman he arrested for driving under the influence of drugs. He is charged with violation of oath by a public officer and theft by taking -- both misdemeanor offenses.

In St. Gabriel, Louisiana, a former state prison guard was arrested last Friday after reportedly trying to smuggle drugs into the Elayn Hunt Correctional Center. Samantha Suel, 29, admitted to ditching four ounces of marijuana and synthetic cannabinoids inside the prison when she arrived at work to discover a shakedown of employees was underway. Surveillance footage showed her stashing the drugs. She's been fired and is now charged with introduction of contraband into a penal institution and malfeasance in office.

In Summerville, Georgia, a Hays State Prison guard was arrested last Saturday after being caught with contraband as he came to work. Guard Mark Edward Jeffery, 33, got nailed carrying four cell phones, two phone chargers, 65 grams of ecstasy tablets, 3 ½ grams of meth, and a bottle of alcohol behind bars. Investigators also found another gram of meth in his vehicle. He is charged with crossing a guard line with drugs and other contraband, possession of a controlled substance, trafficking drugs and violation of oath of office.

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Chronicle AM: Senate Sentencing Reform Bill Under Attack, DEA Threatens SIJs, More... (2/15/18)

The Marijuana Justice Act gets a third cosponsor, the DEA threatens to go after safe injection sites, the attorney general and leading law enforcement groups target the Senate sentencing reform bill, and much, much more.

Marijuana Policy

Federal Judge Suggests He Will Defer to DEA, Congress on Rescheduling Lawsuit. At a hearing Wednesday over a lawsuit seeking to have marijuana de- or rescheduled from Schedule I of the Controlled Substances Act, US District Court Judge Alvin Hellerstein suggested he would rule in the government's favor. He dismissed plaintiffs' claims that marijuana prohibition was motivated by racism and political concerns when it was passed 80 years ago and he said he didn't think he had the authority to reschedule the drug. "The law is the law," the judge said. "I'm sworn to enforce the law."

Cory Booker's Marijuana Justice Act Gets Third Sponsor. Sen. Kirsten Gillibrand (D-NY) announced Wednesday that she had signed on as a cosponsor of Sen. Cory Booker's (D-NJ) Marijuana Justice Act (S. 1689). The bill is also cosponsored by Sen. Ron Wyden (D-OR).

Federal Bill Filed to Protect Legal Marijuana States and Businesses. Rep. Lou Correa (D-CA) has filed the Sensible Enforcement Of Cannabis Act (no bill number yet), which would essentially codify the protections for state-legal marijuana embodied in the now-rescinded Cole memo. "To date, eight states have legalized recreational cannabis, and twenty-nine states and the District of Columbia, representing more than half of the American population, have enacted legislation to permit the use of cannabis," Correa said. "Attorney General Sessions' decision to rescind the 'Cole Memo' created great uncertainty for these states and legal cannabis businesses, and put citizens in jeopardy for following their state laws."

Connecticut Legalization Bills Filed. Twenty-two lawmakers filed a marijuana legalization bill Wednesday. The bill, House Bill 5112, would authorize the retail sale and taxation of the herb. Separately, House Deputy Majority Leader Rep. James Albis (D-East Haven) filed another legalization bill, House Bill 5111. Similar bills last year failed to get a floor vote in either chamber. Both bills were referred to the Joint Committee on General Law.

Massachusetts Legalization Advocates Protest "Intimidation Campaign" Aimed at Forcing Restrictive Regulations. Legalization advocates are criticizing Gov. Charlie Baker (R) and other officials, saying they have conducted a "coordinated intimidation campaign" against the state body charged with crafting rules and regulations, the Cannabis Control Commission. In a series of letters to the commission, officials from the governor's office have raised public health and safety concerns and recommended it scale back its framework of rules. Advocates took their concerns to the State House Thursday, where they held a press conference.

New Jersey Lawmakers, Wary of Legalization, File Decriminalization Bill Instead. A bipartisan group of legislators urging caution on pot legalization has filed a bill that would decriminalize the possession of small amounts of marijuana. Senate Bill 472 would make the possession of up to 15 grams a civil offense. Gov. Phil Murphy (D) campaigned on legalizing marijuana, and legalization bills have already been filed in the Assembly and Senate.

Jackson, Mississippi, City Council Votes to Decriminalize Weed. The city council voted unanimously Tuesday to decriminalize the possession of up to 30 grams of marijuana. Violators would face no more than a $100 fine. Under current Mississippi state law, marijuana possession is illegal, so effective implementation will depend on local law enforcement discretion. The possession of any amount of marijuana can result in up to 60 days in jail, a fine of up to $250, and a litany of collateral consequences that impacts employment, housing, family and life opportunities.

Asset Forfeiture

Alabama Senate Committee Votes to End Civil Forfeiture by Police. The Senate Judiciary Committee voted Wednesday to approve a bill that would end civil asset forfeiture in the state. Senate Bill 213 would require a criminal conviction before cash or property could be seized. Senators said they expected the bill to face additional negotiations before it goes to a Senate floor vote.

Drug Testing

Wisconsin Bill to Block Employers from Testing for Marijuana to Be Filed. Rep. David Bowen (D-Milwaukee) said he plans to introduce a bill that would block employers from drug testing for THC or disqualifying people from jobs because of a drug test with positive results for marijuana. The bill would apply to both public and private sector workers, but not those operating heavy equipment. "Consuming THC weeks or months out from a job interview should not disqualify someone from finding employment any more than someone who drank a few beers on another date should be kept out of work" Bowen told the Isthmus in an email. "While I am in favor of the safe legalization and regulation of marijuana for both recreational and medicinal use, until that happens, people should not be stigmatized for using a substance whose effect on society is less negative than society's reaction to it."

Heroin and Prescription Opioids

Congressional Republicans Try to Blame Sanctuary Cities for Opioid Crisis. GOP lawmakers used a hearing of the House Judiciary Subcommittee on Immigration and Border Security to try to scapegoat sanctuary cities for the country's opioid crisis. "We have heard countless stories of sanctuary practices and the havoc they wreck on public safety, national security, and the sanctity of the rule of law," said Rep. Raúl Labrador (R-ID), the committee chair. "Our public safety and our public health are tied to eradicating opioids, which can never be accomplished when the force multiplier that is ICE is sidelined." But committee Democrats and analysts rejected the link. Rep. Pramila Jayapal (D-WA) said There was no "factual basis in connecting so called sanctuary city policies with the opioid crisis," said Rep. Pramila Jayapal (D-WA). "It would be laughable if it weren't so serious," she said. "If it weren't so hurtful to the characterization of immigrants across this country." Last month, Republicans tried to blame Obama's expansion of Medicaid for worsening the epidemic.

Harm Reduction

Trump Administration Threatens to Go After Safe Injection Sites. Several US cities are moving forward with plans to open safe injection sites, but the DEA has just fired a shot across the bow. In an interview with Buzzfeed, DEA spokeswoman Katherine Pfaff said the agency may take action against the facilities because they are federally prohibited. "Supervised injection facilities, or so-called safe injection sites, violate federal law," Pfaff said. "Any facilitation of illicit drug use is considered in violation of the Controlled Substances Act and, therefore, subject to legal action." She cited a 1980s crack house law that could be used. But in Seattle, at least, local prosecutors say they welcome a legal challenge and think they can convince the courts that public health powers are superior to criminal laws against drug dens run for profit.

New Mexico Passes Legislation to Examine Administering Pharmaceutical-grade Heroin or Other Opioids by Medical Practitioners to People Struggling with Long-term Addiction. The state House Tuesday approved House Memorial 56, which charges the Legislative Health and Human Services Committee to take testimony on supervised injectable opioid treatment as a feasible, effective and cost-effective strategy for reducing drug use and drug-related harm among long-term heroin users who have not been responsive to other types of treatment. The bill was sponsored by Rep. Deborah Armstrong (D-Albuquerque), chair of the House Health and Human Services Committee. This memorial does not need to pass the Senate or be signed by the governor.

Sentencing Reform

Attorney General Sessions Slam Senate Sentencing Reform Bill. Attorney General Jeff Sessions came out against a painstakingly cobbled-together Senate sentencing reform bill Wednesday, sparking a public food fight with Sen. Chuck Grassley (R-IA), the head of the Senate Judiciary Committee and the very face of dour Corn Belt conservatism.In a letter reported by Reuters, Sessions warned the committee not to approve the sentencing reform bill, S. 1917, claiming it would reduce sentences for "a highly dangerous cohort of criminals." Passage of the bill would be "a grave error," Sessions said. The measure is actually a mixed bag, a product of lengthy discussions among senators seeking a compromise that could actually pass the Senate. While it has a number of progressive sentencing reform provisions, mainly aimed at nonviolent drug offenders, it also includes new mandatory minimum sentences for some crimes, including some drug offenses. Those provisions provide political cover to conservatives fearful of being tagged "soft on crime," but tired of perpetuating failed drug war policies.

Police Groups Slam Senate Sentencing Reform Bill. The National Sheriffs' Association and the Fraternal Order of Police have both come out against the Senate sentencing reform bill, calling on President Trump to reject the bill and saying it will put violent drug dealers back out on the street. "Sheriffs will have to arrest most of them again at the county level and that will shift the cost and responsibility to us without fixing the underlying problems of violent crime and drug and human trafficking in the country," said a letter to Trump from the National Sheriffs' Association. "At a time when our nation is being ravaged by an epidemic of overdoses from the use of heroin and opioids, it seems at variance with common sense and sound policy to drastically reduce sentences for drug traffickers and then apply these reduced sentences retroactively," said the National Fraternal Order of Police.

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Chronicle AM: Canada Legal Marijuana Delayed, Federal Sentencing Reform Bill Advances, More... (2/16/18)

Conservative senators slow down Canada's move to marijuana legalization, the Senate Judiciary Committee passes the sentencing reform bill, an Arizona bill would make felons of doctors who are lax about medical marijuana rules and laws, and more.

Marijuana Policy

GOP Senator Ends Hold on DOJ Nominees Over Sessions Policy. Sen. Cory Gardner (R-CO) announced Thursday he had ended a two-month hold on some Justice Department appointments he began to protest Attorney General Jeff Sessions' move to rescind Obama-era policies largely leaving state-legal marijuana alone. The announcement came after Gardner received unspecified assurances from DOJ officials about the enforcement of federal drug law. When asked what he got for lifting the holds, Gardner told the Denver Post: "We've had very good, positive conversations about protecting states' rights and protecting the voters of Colorado's wishes."

Philadelphia DA Enacts No Prosecution Policy for Small-Time Possession. District Attorney Larry Krasner has dropped about 50 outstanding marijuana possession cases and announced that he will no longer charge people caught with small amounts. Krasner cited racial disparities in making the move: "Because we all know that these laws are not getting enforced at the Wawa in Chestnut Hill. These laws are getting enforced in neighborhoods that are poor and predominately black and brown," said Krasner.

Medical Marijuana

Arizona House Committee Approves Bill to Make Felons of Lax Pot Docs. The House Health Committee voted 6-3 Thursday on party lines to approve a bill that would make doctors who sidestep rules for medical marijuana recommendations guilty of a felony. Under the bill, doctors who violate any rule or law could get up to a year in prison. Under current law, they face only discipline from county medical boards. The measure, backed by arch-foe of medical marijuana Yavapai County Attorney Sheila Polk, is House Bill 2067.

Sentencing Reform

Federal Sentencing Reform Bill Wins Committee Vote. In a rebuff to Attorney General Jeff Sessions, who on Wednesday urged the bill's defeat, the Senate Judiciary Committee on Thursday approved the federal sentencing reform bill, S. 1917. The question now is whether Senate Majority Leader Mitch McConnell (R-KY) will allow a floor vote.

International

Canada Postpones Marijuana Legalization a Few Weeks. The Pierre Trudeau government's plan to have legal marijuana up and running by July 1 has hit a bump, and the anticipated date for legal commerce to begin has been pushed back by a matter of a few weeks. The bump occurred in the Senate, which set a schedule to consider the legalization bill that would not allow the government to hit the July 1 date.

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Chronicle AM: Call to End New Medicaid Work Requirement, Israeli Pot Decrim Advance, More... (2/20/18)

Public health, mental health, and drug reform groups call for an end to a new policy requiring Medicaid recipients to work, a key congressional Democrat calls for a progress report from Trump's opioid commission, Israeli marijuana decriminalization crosses a major hurdle, and more.

Marijuana Policy

California Bill Would Bar Pot Shops From Selling Customer Data to Third Parties. Assemblyman Evan Low (D-San Jose) has filed Assembly Bill 2402, which would ban retail marijuana shops from selling customer data to third-party vendors without the customer's consent. "The focus of this piece of legislation is around privacy," Low said. "So, while now cannabis is legal in California, there are many individuals who want to make sure that cannabis and their use of cannabis is not made public for many reasons. If you shop at retail stores, you magically start to get emails and snail mail from other similarly focused retail stores," Low added. "And so we wanted to make sure that we don't do that with cannabis without consent."

Maryland Legalization Constitutional Amendment Gets Hearing Today. The Senate Judicial Proceedings Committee held a hearing today on House Bill 1264, which, if approved, would set up a statewide referendum on marijuana legalization. The House bill was filed by Delegate David Moon (D-Takoma Park); the Senate version is sponsored by Sen. Bob Zirkin (D-Baltimore County), who heads the Senate committee hearing the bill.

Massachusetts Lawmaker Blasts Some Draft Regs. State Rep. Mark Cusack (D-Braintree), who helped write the state's legalization implementation law, has criticized the Cannabis Control Commission and some of its proposed draft regulations. He wrote to the commission saying he has "grave concerns" over draft regulations around social consumption, local control, and licensing for delivery services and micro-businesses. The local control regulations ignore state law requiring localities to first seek voter approval, he said. He also lambasted proposals for on-site consumption, saying a new referendum would have to be passed. Voters legalized marijuana in the state nearly 15 months ago now.

Medical Marijuana

Michigan Judge Strikes Down Detroit Medical Marijuana Initiative. A Wayne County circuit court judge last Friday overturned a voter-approved initiative that would have relaxed restrictive local controls on medical marijuana businesses in the city. Proposal B would have allowed pot shops and processing businesses in all business and industrial districts, including downtown and Midtown. The judge cited state court precedent that zoning questions could not be decided by voter initiatives.

Industrial Hemp

Alaska House Passes Hemp Bill. The House on Monday approved Senate Bill 6, which legalizes industrial hemp and establishes a pilot program for its growth and production. The Senate has already approved the bill, but since the House amended the bill, it now goes back to the Senate for a final concurrence vote.

Drug Testing

Massachusetts Lab Forfeits $1 Million for Unnecessary Drug Tests. State Attorney General Martha Healey (D) announced last Friday that Precision Testing Laboratories, Inc. will forfeit more than a million dollars to settle claims it billed for medically unnecessary drug tests. It paid $400,000 to Massachusetts and will pay more than $650,000 to Connecticut. The lab will also be barred from participating in the two states' Medicaid programs for the next 10 years. The company had promoted itself as providing urine drug testing services to people in recovery, but that it used very expensive drug tests and "aggressively marketed an expensive and unnecessarily complex drug testing package to sober houses, despite the fact that they knew that the tests were for residential sobriety monitoring, a violation of MassHealth regulations."

Missouri Bill Would Criminalize Synthetic Urine. State Rep. Nate Tate (R-St. Clair) has filed a bill that would make the sale of synthetic human urine a criminal offense. Under House Bill 1810, all drug test-cheating products would be banned, and anyone who provides them with the intent to defraud a drug test would be subject to a Class B misdemeanor. Prosecutors like the bill.

Drug Treatment

Public Health, Drug Reform Groups Protest Federal Policy Imposing Work Requirements on Medicaid Recipients. More than 160 organizations in the public health, mental health, addiction treatment, and drug reform fields have sent a letter to Health and Human Services Secretary Alex Aszar decrying the new federal policy. They argue the policy would hinder access to Medicaid by people with chronic health problems, especially those fighting substance abuse and mental health disorders. "This is deeply troubling given the devastating and escalating opioid overdose crisis that President Trump has designated as a national public health emergency," the letter said.

Heroin and Prescription Opioids

Leading Congressional Democrat Wants Hearing on Trump's Opioid Panel's Progress. Rep. Elijah Cummings (D-MD), the top Democrat on the House Oversight and Government Reform Committee, sent a letter to committee Chairman Rep. Trey Gowdy (R-NC) last Friday urging him to request that presidential counselor Kellyanne Conway brief the committee on the work done by the president's opioid commission. "I understand that President Trump has designated Kellyanne Conway as his point person on this issue, so her input would help the Committee with its ongoing efforts to evaluate the status of the Commission's recommendations," Cummings wrote.

International

Israeli Marijuana Decriminalization Advances. The Ministerial Committee for Legislation has approved a bill that would decriminalize the possession of small amounts of marijuana. Under the bill, people caught with pot would pay a $282 fine and would not be subject to arrest until a fourth offense. Legalizatin advocate MK Tamar Zandberg (Meretz), who heads the Knesset Committee on Drug and Alcohol Abuse, was pleased: "When we started our struggle, people disrespected us, but the Ministerial Committee's decision today is proof that a real, persistent struggle succeeds in the end," said Zandberg. "This bill is far from being perfect, but it is a foot in the door on the way to full legalization."

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Chronicle AM: DC Demo on Philippine Drug War Next Week, BC Drug Decrim March, More... (2/21/18)

Ohio's medical marijuana program may have just hit a bump, hemp could be coming to Utah, drug users march for decriminalization in Vancouver, demonstrators will gather in DC next week to protest the Philippines drug war, and more.

Medical Marijuana

Ohio Lawsuit Challenges Grow License Process. A lawsuit filed Tuesday by would-be medical marijuana grow operators who weren't picked for the large grow licenses issued by the state Department of Commerce threatens to disrupt the rollout of the program. The growers are suing the department, the officials involved in grading application, and all the businesses that won licenses. They charge they weren't treated fairly in the licensing process.

West Virginia Regulators Will Recommend Allowing Smokeable Medical Marijuana. The state medical marijuana board announced Tuesday that it plans to recommend to lawmakers that some patients be allowed to use marijuana in a smokeable form. The board will also recommend removing or increasing the cap on the number of growers, processors, and dispensaries in the state and allowing one company to take on more than one of those roles.

Industrial Hemp

Utah Hemp Bill Advances. A bill that would allow the production and sale of hemp products in the state is headed for a House floor vote after being approved Tuesday by the House Natural Resources, Agriculture and Environment Committee. House Bill 302 authorizes the state Department of Agriculture and Food to provide a hemp-growing license to "a person who wishes to participate in an industrial hemp research pilot program," according to a summary attached to the bill. The bill also allows those who would like to produce and sell hemp-based products "to distribute the registered hemp product in the state" if they obtain the license from the state to do so.

Asset Forfeiture

Wisconsin Asset Forfeiture Reform Bill Passes Senate. The state Senate has approved Senate Bill 61, which does not end civil asset forfeiture, but puts limits on how long police can hold property before someone is charged and reduce the amount of money police can keep when they sell seized property. The measure now heads for the Assembly.

Foreign Policy

Trump Budget Would Cut Aid to Colombia in Half. The White House's proposed Fiscal Year 2019 budget would slash foreign assistance to Columbia by nearly half, even as the country struggles to implement a peace deal with leftist FARC rebels and address a record-breaking level of coca planting and cocaine production. The budget would reduce funds "to implement sustainable peace" in the "most affected zones" of the country's drug prohibition-fueled armed conflict from $180 million to $100 million. The budget also seeks a reduction of one-third in funding for the International Narcotics Control and Law Enforcement program. Colombia is a major recipient of aid under that program, too. The Washington Office on Latin America said the budget proposal would "squander an historic opportunity to help Colombia avoid a resurgence of criminal violence, while Insight Crime noted that "large cuts in aid could prove detrimental to efforts aimed at improving security conditions in… crime-wracked countries" like Colombia.

International

Vancouver Drug Users March to Demand Drug Decriminalization. Several hundred drug users and supporters took to the streets of Vancouver's Downtown Eastside to demand that the federal government change its drug policies and embrace drug decriminalization. The protest, part of a national day of action across the country, was organized by the Canadian Association of People who Use Drugs (CAPUD), the Vancouver Area Network of Drug Users (VANDU) and other groups. Decriminalization would "allow people to use drugs more safely without fear of arrest and detention," said Caitlin Shane, a lawyer with Pivot Legal Society who specializes in drug policy.

DC Demonstration Against Philippine Drug War Killings Set for Next Wednesday. On Wednesday, February 28th, please join Filipino Americans, drug policy reformers and other human rights defenders to call for an end to extrajudicial killings and for Senator de Lima to be freed. We will rally from noon to 1:00pm in front of the Philippines Embassy, 1600 Massachusetts Avenue NW in Washington, DC. Among other things, the event will feature a street theater performance in which attendees will symbolically free a Senator de Lima figure from a realistic mobile model of a prison cell. Please email David Borden at [email protected] to get involved in preparations for this demonstration or for other information, and please spread the word!

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Chronicle AM: Jail Populations Drop, Maine MJ Social Clubs Go Up in Smoke, More... (2/22/18)

An Arizona legalization poll has good numbers, asset forfeiture reform bills move in a couple of states, the Bureau of Justice Statistics reports on declining jail population numbers, Maine lawmakers appear ready to do away with pot social clubs the voters voted for, and more.

Marijuana Policy

Arizona Poll Shows Strong Support for Legalization. A new poll from OH Predictive Insights and the Consumer Choice Center had support for marijuana legalization at nearly two-thirds. Some 62.9% of respondents supported taxing and regulating marijuana like alcohol, with 40.9% strongly supporting it. Voters in the state narrowly rejected a legalization initiative in 2016; efforts are underway to get one on the ballot this year.

Illinois Will Put Non-Binding Legalization Question on November Ballot. The Senate Executive Committee voted Wednesday to put a non-binding question on the ballot asking voters whether they would support marijuana legalization. Meanwhile, a legalization bill awaits action in the legislature.

Maine Lawmakers Erase Social Consumption. Lawmakers working to get the state's legal marijuana industry off the ground have eliminated any reference to social clubs where people can use marijuana, even though the initiative passed by voters in 2016 included them. "No other state has licensed social clubs," said Sen. Roger Katz, R-Augusta, co-chairman of the implementation committee. "This is clearly the law, but it passed by the narrowest of margins. We ought to go slow and be conservative." The move came in a straw vote Wednesday; a final committee vote is set for Friday.

West Virginia Legalization Bill Filed. A Democratic congressional candidate who is also a current state senator filed a legalization bill Monday. Sen. Richard Ojeda (D-Logan) filed Senate Bill 593, which would allow adults to possess up to four ounces at home and two ounces in public and grow up to four seedlings and four mature plants. The bill does not contemplate a system of taxed and regulated marijuana commerce.

Medical Marijuana

Indiana CBD Bill Wins Committee Vote. The House Courts and Criminal Code Committee voted Wednesday to approve Senate Bill 52, which would allow the legal sale of CBD cannabis oil with low THC levels. The bill is one of a number filed to address the state's CBD mess, which was created when the legislature passed a bill last year allowing for its use, but which left no means to legally obtain it.

Heroin and Prescription Opioids

Maryland Bill to Lengthen Prison Sentences for Opioid Overdose Deaths of Minors Gets Hearing. The House Judicial Committee held a hearing Tuesday on House Bill 649, which would impose a prison sentence of up to 30 years for anyone convicted of selling or giving heroin, fentanyl, or other opioids to a minor who then overdoses and dies. Under the bill, even sharing drugs that result in a fatal overdose by a minor could result in a conviction. No vote was taken. Similar bills have been introduced in recent years, but went nowhere.

Asset Forfeiture

Idaho House Approves Civil Asset Forfeiture Reform Bill. The House voted unanimously Wednesday to approve House Bill 447, which does not eliminate civil asset forfeiture, but does restrict it. The bill would ban police from seizing cash or property merely because it is in close proximity to an illegal substance and it would ban the seizure of vehicles unless they are connected to trafficking offenses. It also imposes new reporting requirements. The bill now goes to the Senate.

Kansas House Gives Preliminary Approval to Civil Asset Forfeiture Reform Bill. The House voted Wednesday to give preliminary approval to House Bill 2459, which doesn't end civil asset forfeiture, but would impose stricter reporting requirements on all law enforcement agencies. The bill was set for a final House vote Thursday.

Incarceration

Jail Incarceration Rate Has Declined. The Bureau of Justice Statistics announced Thursday that the percentage of US residents in jail has declined since 2012. At midyear 2016, the jail incarceration rate was 229 per 100,000 residents, down 3.4% from 2012 and down 11.2% from 2008, the year jail populations peaked. There were some 740,700 inmates in jails at midyear 2016. Nearly two-thirds (65%) of those in jail had not been convicted of a crime, but were awaiting trial.

Philadelphia DA Will Stop Jailing People Accused of Low-Level Crimes Who Can't Afford Cash Bail. District Attorney Larry Krasner said Wednesday his office will stop jailing people who can't afford to pay cash bail in minor criminal cases, including drug cases. The move is the latest in a growing movement that argues that the practice unfairly targets poor Americans. "There is absolutely no reason why someone who will show up for court, is not a risk of flight, is not a threat to their neighbors and community should sit in jail for days or weeks or months or years because they can't post a small amount of bail," said Krasner, a civil rights lawyer who ran on a liberal platform last year opposing mass incarceration. "We do not imprison the poor in the United States for the so called crime of poverty."

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Chronicle AM: Alcohol, Drug, Suicide Deaths at Record High, Colombia Coca Violence, More... (2/23/18)

An MJ decrim bill moves in Alabama, an asset forfeiture reform bill moves in Kansas, a new report tallies the toll of rising drug, alcohol, and suicide deaths, another report warns of problems in Colombia, and more.

Marijuana Policy

Alabama Senate Committee Advances Marijuana Decriminalization Bill. The Senate Judiciary Committee voted Thursday to approve Senate Bill 251, which would decriminalize the possession of less than two ounces of marijuana. But at the same time, the House Judiciary Committee defeated a similar bill, House Bill 272. The Senate bill now heads for a Senate floor vote.

Medical Marijuana

Ohio Bill to Block Awarding of Medical Marijuana Business Licenses Filed. State Sen. Bill Coley (R-West Chester) has filed a bill to temporarily halt the issuance of licenses for growers, processors, and testers to allow fixes with what he has identified as problems with the system. The move comes as lawsuits by entities not awarded licenses are underway and as others have criticized aspects of the selection process. Coley's bill is not yet available on the legislative web site.

Asset Forfeiture

Kansas House Approves Asset Forfeiture Reform Bill. The House on Thursday gave final approval to House Bill 2459, which doesn't end civil asset forfeiture, but would impose stricter reporting requirements on all law enforcement agencies. The bill now goes to the Senate.

Public Health

Report: Alcohol, Drug, Suicide Deaths Hit New High. A new report shows that 2016 saw the highest-ever number of US deaths tied to alcohol, drugs and suicide. Deaths attributed to the three causes rose by 11%, according to the "Pain in the Nation" report, to total a record-high 142,000. Alcohol related deaths have increased at a rate of 40% over the past decade, while deaths from synthetic opioids roughly doubled between 2015 and 2016, to nearly 20,000.

International

Criminal Violence Threatens Colombia Drug Crop Substitution: Report. A new report from Colombian Ideas for Peace Foundation warns that homicide rates have jumped substantially in municipalities that are taking part in coca eradication program. The killings highlight the fragility of the government's eradication plan in the face of intensified violence among the country's fragmented criminal groups.

Time Runs Out on British Parliament Debate on Marijuana Reform. Labor MP Paul Flynn's bill on marijuana law reform, which was set for parliamentary debate Friday, didn't get it. Instead, his colleagues on both sides of the aisle took so long debating other private members' bills that they ran out of time to take up the issue. An astounded Flynn accused MPs of filibustering, sparking an angry retort from the speaker's chair. Flynn was pushing especially for a way to make medical marijuana available in the country.

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