Drug War Chronicle #1016 - April 19, 2018

Medical Marijuana Update

Folks in Congress are growing tired with Trump administration obstructionism on medical marijuana, the Arkansas program is on hold after a court ruling, Pennsylvania okays vaping -- but not smoking -- flowers, and more.

National

Last Thursday, a bipartisan pair of senators called on Jeff Sessions to stop blocking medical marijuana research. Sens. Kamala Harris (D-CA) and Orrin Hatch (R-UT) sent a letter to Attorney General Jeff Sessions to demand that he stop blocking efforts to ramp up research on marijuana's medical benefits. "The benefits of research are unquestionable," Sens. Orrin Hatch (R-UT) and Kamala Harris (D-CA) wrote, taking Sessions to task for blocking applications for new research grows. "Nineteen months have elapsed since the DEA announced its request for expanded marijuana research," they noted, demanding that Sessions respond by May 15 about the status of the research application reviews.

On Tuesday, a bipartisan bill to let the VA study medical marijuana was filed. A group of House Democrats and Republicans filed HR 5520, the VA Medicinal Cannabis Research Act. The bill would clarify that the Veterans Administration has the authority to study medical marijuana and encourages the agency to do so. The bill would require the VA to report regularly to Congress about its progress on medical marijuana research. The bill is being championed by leaders in the House Veterans Affairs Committee and has 34 cosponsors.

Arkansas

Last Wednesday, medical marijuana business evaluations were halted after a court ruling. The Department of Finance and Administration said that the Medical Marijuana Commission's review of dispensary evaluations has been put on hold. The stoppage is the result of a ruling last week from a state circuit court judge that the licensing process for cultivators violated the 2016 voter-approved initiative legalizing medical marijuana. We are under an injunction that voids the method of cultivation scoring. Therefore, dispensary application review is on hold as we review the situation," Scott Hardin with DFA told KATV in Little Rock.

Louisiana

Last Thursday, the House approved expansion of the medical marijuana program. The House approved House Bill 579, which expands the list of qualifying conditions to include Parkinson's Disease, chronic pain, severe muscle spasms, and PTSD. That means the number of qualifying conditions would rise from 10 to 14. The bill now goes to the Senate.

Massachusetts

On Tuesday, the state's high court urged lawmakers to clarify the law on home cultivation. In an opinion in a case of a medical marijuana patient arrested for growing 22 pot plants, the state's Supreme Judicial Court has urged lawmakers to revisit the law around home grows by patients. The law allows patients to grow enough marijuana to create a 60-day supply, defined in the state as 10 ounces. But the justices found the current law problematic and suggested a plant-based limit would be clearer. "Statutory and regulatory clarification would be most beneficial," wrote Justice Scott Kafker in the opinion in the case, Commonwealth vs. Richardson.

Pennsylvania

On Monday, the health secretary approved vaping flowers. State Health Secretary Dr. Rachel Levine announced Monday she will approve the Medical Marijuana Advisory Board's recommendation to allow the sale of medical marijuana in in leaf or flower form. State law forbids patients from smoking it, but vaping would be okay.

[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

There must be something in the water in Memphis, a Massachusetts dope squad is under investigation for thuggery, more prison guards go down, and more. Let's get to it:

In Springfield, Massachusetts, the Springfield Narcotics Unit is under investigation. City leaders and representatives of the US Attorney's Civil Rights Division met last Friday to discuss opening a federal investigation into the department's former narcotics unit. The investigation is prompted by public reports and will look into whether the former unit engaged in a pattern or practice of using excessive force in violation of the Constitution.

In Bismarck, North Dakota, a Burleigh County sheriff's deputy was arrested last Tuesday on drug and theft charges while on the job. Deputy Kerry Komrosky, 31, allegedly stole a pound of methamphetamine and 13 cell phones from the Metro Area Task Force. Komrosky went down after he failed to return from a lunch break and his sergeant went to his home to look for him. There he found evidence linking Komrosky to the missing drugs and phones. He ischarged with three felonies and a misdemeanor -- possession of a controlled substance with intent to deliver, two charges of theft of property and possession of drug paraphernalia.

In St. John, US Virgin Islands, a USVI prison guard was arrested last Thursday on charges he smuggled drugs into the Golden Grove Correctional Facility. Darren Giddings is charged with promoting prison contraband and introduction of narcotics or an addictive drug into the prison. He's currently out on bail.

In Memphis, Tennessee, two Memphis police officers were arrested last Thursday after getting ensnared in an undercover drug sting. Officers Terrion Bryson and Kevin Coleman went down after an investigation that begin in February into reports the two were stealing money and drug during traffic stops. Memphis Police deployed an undercover agent, who was stopped twice by the pair. Both times they stole money from him. Later, Bryson contacted the undercover agent to tell him he could help ensure his drug shipments made it safely through the city, while Coleman threatened to harm his family if the deal was a set-up. Last Thursday, the pair agreed to guard a shipment of what they thought was heroin, and were arrested on the scene. They are both charged with possession of a controlled substance with intent to manufacture, delivery and sell, along with criminal attempt felony and possession of a firearm during the commission of a felony.

In Memphis, Tennessee, a former Shelby County sheriff's deputy was sentenced last Wednesday to 63 months in federal prison for stealing money from a drug dealer and tampering with a witness. Jeremy Drewery, a 17-year veteran, arrested a drug dealer and tried to convince him to become an informant, but when the dealer refused, Drewery demanded a cash payment to let him go free. The dealer then contacted a lawyer, who turned to the FBI, which then recorded interactions between Drewery and the dealer. After Drewery was arrested for that, he then offered another confidential informant $2,000 to kill the dealer.

In Fall River, Massachusetts, a former state prison guard was sentenced Tuesday to 3 ½ years in state prison for dealing heroin. Stephen Lebreaux, 43, had copped to a multi-count indictment for trafficking and distributing heroin. The prison guard went down after selling heroin four times to an undercover officer.

In Bicknell, Indiana, a Bicknell police officer was arrested last Thursday on charges he gave a heads-up to a drug suspect, jeopardizing an undercover drug operation. Officer Kevin Carroll, 47, is charged with official misconduct and criminal recklessness. He's now out on bail.

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Chronicle AM: ME Lawmakers Pass MJ Sales Bill, Amnesty Death Penalty Report, More... (4/12/18)

It's time to let the FDA know what you think about marijuana scheduling, Maine lawmakers pass a veto-proof pot sales bill, the Trump administration wants to drug test some food stamp recipients, Amnesty International reports on drug death penalty countries, and more.

Marijuana Policy

FDA Accepting Public Comment on Marijuana Classification for Next Two Weeks. The Food and Drug Administration (FDA) is accepting public comment from "interested parties" regarding the classification of marijuana under the Controlled Substances Act. (CSA). The CSA places marijuana in Schedule I, a category reserved for drugs with no accepted medical use and high abuse potential. The FDA is acting now because the World Health Organization is set to review its own classification of marijuana and is seeking input from member nations, of which the US is the most influential. Public comment is open until April 23.

Former GOP House Speaker Boehner Now Supports Marijuana Legalization. Former House Speaker John Boehner (R-OH) said Wednesday he has had a change of heart regarding marijuana and will help promote marijuana legalization nationwide. He also announced that he and former Massachusetts Gov. William Weld (R) are joining the advisory board of Acreage Holdings, a national marijuana company. "I decided to get involved because of the struggles of our country's veterans and the opioid epidemic, after learning how descheduling the drug can potentially help with both crises," said Boehner.

Maine Legislature Passes Marijuana Legalization Implementation Plan by Veto-Proof Margin. After Gov. Paul LePage (R) vetoed a first effort to implement regulated and taxed marijuana commerce, the legislature has now approved a new measure to do so, this time by a veto-proof margin. The House passed the bill on Tuesday and the Senate followed on Wednesday. The bill will limit home cultivation to three plants, impose a 10% sales tax, as well as a $335 per pound tax on producers. It will also mandate that localities proactively opt-in before sales will be allowed.

Medical Marijuana

Arkansas Medical Marijuana Business Evaluations Halted after Court Ruling. The Department of Finance and Administration said Wednesday that the Medical Marijuana Commission's review of dispensary evaluations has been put on hold. The stoppage is the result of a ruling last week from a state circuit court judge that the licensing process for cultivators violated the 2016 voter-approved initiative legalizing medical marijuana. We are under an injunction that voids the method of cultivation scoring. Therefore, dispensary application review is on hold as we review the situation," Scott Hardin with DFA told KATV in Little Rock.

Drug Testing

Trump Administration Ponders Plan to Impose Drug Testing for Some Food Stamp Recipients. The administration is pondering a plan that would let states require that certain food stamp recipients undergo drug testing. The nose-under-the-tent proposal would mainly target able-bodied adults without children who apply for certain specialized job categories. That would be about 5% of all food stamp recipients. The move has long been desired by conservatives who seek ways to curb the safety net program.

International

Amnesty International Report: Four Countries Executed Drug Offenders in 2017. At least four countries executed people for drug offenses last year, Amnesty International said in a new report. Those countries are China, Iran, Saudi Arabia, and Singapore. "Despite strides towards abolishing this abhorrent punishment, there are still a few leaders who would resort to the death penalty as a 'quick-fix' rather than tackling problems at their roots with humane, effective and evidence-based policies," said Amnesty International Secretary General Salil Shetty.

Former Mexican President Calls for Legalization of Opium Production. Former Mexican President Vicente Fox called Wednesday for the legalization of opium production in the country as a means of weakening drug cartels. "The plants themselves are not harmful, we make them harmful, (especially) the criminals who use them for evil purposes," Fox said at a pro-marijuana event in the capital. Fox said legalizing poppies would curtail cartel profits and boost public safety in the violence-wracked southern state of Guerrero, which has been hit hard by prohibition-related violence in recent years. Fox also implored candidates in the July presidential election to openly debate drug legalization before the vote.

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Chronicle AM:Mitch McConnell Files Hemp Bill, Mexico Minister Says Legalize It, More... (4/13/18)

A pair of senators demand that Jeff Sessions quit blocking marijuana research, Mitch McConnell files a federal hemp bill, Mexico's tourism minister says his country should allow states to legalize weed, and more.

Medical Marijuana

Bipartisan Pair of Senators Call on Sessions to Stop Blocking Marijuana Research. Sens. Kamala Harris (D-CA) and Orrin Hatch (R-UT) sent a letter Thursday to Attorney General Jeff Sessions to demand that he stop blocking efforts to ramp up research on marijuana's medical benefits. "The benefits of research are unquestionable," Sens. Orrin Hatch (R-UT) and Kamala Harris (D-CA) wrote, taking Sessions to task for blocking applications for new research grows. "Nineteen months have elapsed since the DEA announced its request for expanded marijuana research," they noted, demanding that Sessions respond by May 15 about the status of the research application reviews.

Louisiana House Approves Expansion of Medical Marijuana Program. The House on Thursday approved House Bill 579, which expands the list of qualifying conditions to include Parkinson's Disease, chronic pain, severe muscle spasms, and PTSD. That means the number of qualifying conditions would rise from 10 to 14. The bill now goes to the Senate.

Hemp

Mitch McConnell Files Federal Hemp Bill. Senate Majority Leader Mitch McConnell (R-KY) has filed Senate Bill 2667, which aims to allow for domestic hemp production by removing non-psychoactive marijuana varieties known as hemp from the Controlled Substance Act. Cosponsoring the bill are Sens. Ron Wyden (D-OR) and Jeff Merkley (D-OR). Companion legislation in the House was filed by McConnell's home state homeboy Rep. Jim Comer (R-KY).

Heroin and Prescription Opioids

Making Opioids Tougher to Abuse Led to Spike in Heroin Deaths, Study Finds. A new working paper from the National Bureau of Economic Research finds that a 2010 effort to deter opioid abuse led to a jump in heroin overdoses. The paper studied what happened after OxyContin was reformulated to be more abuse-resistant and found that "each prevented opioid death was replaced with a heroin death."

Law Enforcement

DEA Gouged Taxpayers, Benefited Ex-Employees, Audit Finds. A report from the Justice Department's Office of the Inspector General has found that the DEA's Asset Forfeiture Program farmed out contracts to recently retired former employees, paying them more than half a million dollars more than they would have been paid if they had remained at the agency. The former employees worked for a private contractor called Maximus Inc., which was paid $85 million between 2013 and 2017 to handle asset forfeiture cases. Many of the ex-employees went to the same offices they had worked at as DEA employees, and former DEA employees accounted for 40% of Maximus's asset forfeiture workforce.

International

Mexico Tourism Minister Says Country Should Let States Begin to Legalize Weed. Tourism Minister Enrique de la Madrid said Wednesday that Mexico should allow states to begin legalizing marijuana, in part to address record cartel violence. "I think in Mexico we should move towards regulating it at state level," he said, calling it "illogical" to divert funds from fighting kidnapping, rape and murder to arrest people using marijuana.

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Chronicle AM: Trump Undercuts AG on Pot, Key GOP Pol Nixes Food Stamp Drug Tests, More... (4/16/18)

The president appears to leave his attorney general out to dry on marijuana policy, New York's governor is being pushed left on pot by a celebrity challenger, a key GOP lawmaker opposes the Trump push to drug test food stamp recipients, and more.

Marijuana Policy

Trump Appears to Undercut Jeff Sessions' War on Weed. President Trump last week signaled a dramatic turnaround in administration marijuana policy, telling Colorado Republican Sen. Cory Gardner that the Justice Department would not go after state-legal marijuana in Colorado and that he would support moves to address the contradiction between legal marijuana states and federal pot prohibition. That puts Trump in line with his own campaign statements that marijuana should be a states' rights issue, but at odds with Attorney General Jeff Sessions, who has been a staunch opponent of marijuana legalization and who has explicitly told federal prosecutors they are free to go after the legal marijuana industry. Sessions, who is much abused by Trump for failing to protect him from the Mueller investigation, now finds himself on the outs on pot policy, too.

Maine Governor Says Legal Marijuana Implementation Bill Faces "Automatic" Veto. Tea Party Gov. Paul LePage is threatening an "automatic" veto of a compromise bill designed to get the state's legal marijuana commerce system up and running. He said he was unhappy with a provision that allows registered medical marijuana patients to avoid paying excise taxes, suggesting that people would register as patients just to avoid taxes. But the House has already passed the bill by a veto-proof majority and the Senate could do so this week.

Sex in the City Challenger Pushes New York Governor to the Left on Pot Policy. Actress Cynthia Nixon, best known for her role in Sex in the City, is pushing Gov. Andrew Cuomo to the left on marijuana policy. Nixon has announced her candidacy for the Democratic gubernatorial nomination and she has made marijuana legalization a banner issue. Cuomo has opposed legalization, although he shifted slightly in January, when he announced he would form a panel to explore freeing the weed. But now, with Nixon getting lots of attention for her pot stance, Cuomo is hinting at more movement. "The situation has changed drastically with marijuana," he said at a news conference last Thursday. "It's no longer a question of legal or not legal. It's legal in Massachusetts. It may be legal in New Jersey, which means for all intents and purposes, it's going to be here anyway. The majority of the legislature is, I would say, against legalizing it," he continued. "I said it's a new day; let's look at the facts. I know people have opinions -- and it's hard to get people to change opinions -- but opinions should be based on facts. So let's talk to the experts, let's put together the facts."

Drug Testing

Key GOP Lawmaker Opposes Drug Testing for Food Stamps. Rep. Mike Conway (R-TX), chairman of the House Agriculture Committee, said last Friday that he "generally opposes" drug testing food stamp recipients. The remarks were in reaction to a plan floated last week by the Trump administration to allow states to do just that. The Agriculture Committee has authority over the food stamp program and is currently crafting a bill that includes an overhaul of the program, but contains no provision for drug testing. "I'm generally opposed to drug testing because I think it hurts the children," Conway said. "Most of these folks who are on the program, if they've got children involved, the children would still get their SNAP benefits but the parents wouldn't, and you're hurting the kid." Conway said he'd rather "figure out a way to help them."

International

Australian Greens Call for Marijuana Legalization. The Australian Green Party has called for the full legalization of marijuana, with a new government agency to act as the sole wholesaler of packaged pot. The Green proposal also includes a provision for growing up to six plants at home. The Greens aren't considered a major party in Australia, but they do have federal representation. The call for legalization differentiates the Greens from Labor and the Liberal/National Coalition, both of which support a 2016 plan to legalize only medical marijuana.

Irish Greens Call for Marijuana Decriminalization, Dutch-Style Coffee Shops. The Irish Green Party has called for the decriminalization of small amounts of marijuana. The current law has "made criminals out of decent people," the party says. The Green proposal would decriminalize the possession of up to five grams, as well as contemplating a Dutch-style coffee shop system. The Irish Greens aren't considered a major political party, but they do have two people in the Dail, the Irish parliament.

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

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Chronicle AM: Federal Hemp Bill Gets Fast-Tracked, Google to Vet Drug Rehab Ads, More... (4/17/18)

Google is restoring drug treatment advertising but with vetting, the federal hemp bill is moving fast, fighting over coca results in a state of emergency in a Colombian province, and more.

Marijuana Policy

Alaska House Votes to Limit Access to Old Marijuana Convictions. The House voted Monday to approve House Bill 316, which would not expunge old pot convictions, but would restrict access to those records. Bill sponsor Rep. Harriet Drummond (D) said she filed the bill to ensure that Alaskans are not passed over for jobs or promotions for possessing a substance that is now legal. Convictions that would be hidden would be those for possession of less than an ounce of marijuana by people 21 and over. The bill now goes to the state Senate.

Medical Marijuana

Pennsylvania Health Secretary Approves Vaping Flowers and Buds. State Health Secretary Dr. Rachel Levine announced Monday she will approve the Medical Marijuana Advisory Board's recommendation to allow the sale of medical marijuana in in leaf or flower form. State law forbids patients from smoking it, but vaping would be okay.

Hemp

McConnell's Hemp Bill Gets Fast-Tracked. Sometimes it pays to be the Senate Majority leader. Sen. Mitch McConnell's (R-KY) hemp bill, Senate Bill 2667, is getting fast-tracked. Using a procedural move known as Rule 14, the bill introduced last week was placed on the Senate calendar on Monday. The move allows the bill to skip the committee process and head directly to the Senate floor. Companion legislation has been filed in the House.

Drug Treatment

Google to Vet Drug Rehab Ads. Nearly a year after it suspended advertising for drug treatment centers because of numerous deceptive and misleading ads, Google announced Monday that it would resume accepting such ads. But they will first have to be vetted by an outside firm, LegitScript of Portland, Oregon. The new rules apply to in-person treatment facilities, crisis hotlines, and support groups. They will have to pass scrutiny on numerous criteria, including criminal background checks and license and insurance verification, as well as providing written policies and procedures demonstrating a commitment to best practices, effective recovery and continuous improvement."

International

The Hague Bans Pot Smoking in the City Center. For the first time, a Dutch city has banned public pot smoking. The Hague has banned pot smoking around its city center, central railway station, and major shopping areas. The move came about because of "many complaints" from residents and visitors, a spokesman for The Hague Mayor Pauline Krikke said. Amsterdam and Rotterdam ban pot smoking near schools, but do not have general bans.

Colombian Province in State of Emergency as Rebel Groups Fight Over Coca. William Vallamizar, governor of Norte de Santander province, has declared a state of emergency because fighting between two rebel groups over control of a coca-growing region. He said a thousand families had to flee the fighting, and 4,000 children were blocked from going to school. The dispute is between leftist guerrillas of the EPL (Popular Liberation Army) and ELN (Army of National Liberation), both of which hope to take over an area that had formerly been under control of the FARC. The FARC has transformed from a guerrilla army to a political party, but its demobilization has left power vacuums in the countryside.

Australian Federal Government Rejects Green Party Call for Marijuana Legalization. The federal government isn't interested in the Green Party's call for marijuana legalization, the health minister said Tuesday, resorting to discredited myths as he did so. Health Minister Greg Hunt said the party should withdraw its suggestion because it risks the health of Australians. "Marijuana is a gateway drug. The risk of graduating to ice or to heroin from extended marijuana use is real and documented," he said.

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Chronicle AM: DOJ to Clamp Down on Pain Pills, Sanders Files Opioid Bill, More... (4/18/18)

Maine lawmakers pass another legal marijuana implementation bill, this time with veto-proof majorities; the Justice Department eyes a crackdown on pain pill production, Bernie Sanders takes aim at opioid makers and distributors, and more.

Marijuana Policy

Maine Legislature Passes Legal Marijuana Implementation Bill, Governor Vows Veto. The state Senate on Tuesday approved the bill that would finally allow retail marijuana sales. The bill passed the House earlier and now goes to the desk of Gov. Paul LePage, who has threatened to veto it because it doesn't combine the state's adult use marijuana and medical marijuana regimes. LePage vetoed a similar bill last year. But this time around, the bill passed with enough support to overcome a veto. LePage has 10 days to sign, veto, or let the bill become law without his signature.

Medical Marijuana

Bipartisan Bill to Let VA Study Medical Marijuana Filed. A group of House Democrats and Republicans have filed HR 5520, the VA Medicinal Cannabis Research Act. The bill would clarify that the Veterans Administration has the authority to study medical marijuana and encourages the agency to do so. The bill would require the VA to report regularly to Congress about its progress on medical marijuana research. The bill is being championed by leaders in the House Veterans Affairs Committee and has 34 cosponsors.

Massachusetts High Court Urges Lawmakers to Clarify Law on Home Cultivation. In an opinion in a case of a medical marijuana patient arrested for growing 22 pot plants, the state's Supreme Judicial Court has urged lawmakers to revisit the law around home grows by patients. The law allows patients to grow enough marijuana to create a 60-day supply, defined in the state as 10 ounces. But the justices found the current law problematic and suggested a plant-based limit would be clearer. "Statutory and regulatory clarification would be most beneficial," wrote Justice Scott Kafker in the opinion in the case, Commonwealth vs. Richardson.

Hemp

Oklahoma Hemp Bill Heads to Governor's Desk. The Senate on Tuesday approved House Bill 2913, which would legalize industrial hemp production. The measure has already passed the House, so it now goes to the desk of Gov. Mary Fallin (R).

Heroin and Prescription Opioids

Justice Department Proposes New Regulations to Limit Prescription Opioid Production. Attorney General Jeff Sessions on Tuesday proposed new regulations for how the DEA sets opioid production quotas that could severely limit the amount of pain pills produced. "Under this proposed new rule, if DEA believes that a company's opioids are being diverted for misuse, then they will reduce the amount of opioids that company can make," Sessions said in prepared remarks. The proposed change must still go through the federal rule-making process before going into effect. It will be published in the Federal Register and opened to public comment in coming days.

Bernie Sanders Files Bill to Rein in Big Pharma on Opioids. Sen. Bernie Sanders (I-VT) on Tuesday filed Senate Bill 2961, which would ban drug companies from marketing opioids as non-addictive and fines them 25% of their profits if they violate the rule. The bill also seeks to stop pharmaceutical companies from distributing amounts of opioids "not medically reasonable," in a bid to stop distributors from flooding small towns with pills. "We know that pharmaceutical companies lied about the addictive impacts of opioids they manufactured," Sanders said in a statement. "They knew how dangerous these products were but refused to tell doctors and patients," he said. "Yet, while some of these companies have made billions each year in profits, not one of them has been held fully accountable for its role in an epidemic that is killing tens of thousands of Americans every year."

Harm Reduction

Maine Bill to End Age Restrictions on Naloxone Heads to Governor's Desk. Both houses of the legislature have approved Legislative Document 1892, which ends age restrictions on the opioid overdose reversal drug naloxone. Gov. Paul LePage (R) wants to limit naloxone access without a prescription to people 21 and over and has vetoed other naloxone access bills, but this bill has passed with a veto-proof majority. LePage has 10 days to act.

International

The Bangladeshi Department of Narcotics Control has proposed new drug legislation for the country which includes the use of the death penalty for people caught selling more than 200 grams of methamphetamine. Under current law, the maximum punishment is 15 years in prison. Bangladeshi law already allows the death penalty for some other drug offenses, including heroin trafficking, but its use is actually very rare in the country. The last execution for a drug offense was in 2009.

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