Drug War Chronicle #1018 - May 3, 2018

Feds Indict Maine Marijuana Users for Buying Guns

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

Less than a month ago, AlterNet published 4 Ways Using Even Legal Marijuana Makes You a Second Class Citizen, which enumerated some of the reasons marijuana legalization by itself is not sufficient to guarantee the rights of marijuana users. One of those reasons was the inability of marijuana users to legally own or purchase guns.

Last year, and just to make sure stoners got the message, ATF has added the following language: "Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside."

The article noted that marijuana users who want to legally purchase a weapon would have to lie on Form 4473, but that they were unlikely to be caught and prosecuted.

That has changed. The US attorney in Maine has now indicted two men on federal firearms charges for allegedly lying about their marijuana use on the gun purchase form.

Donald Henderson, 33, of Winthrop, was indicted for alleged false statements while buying a pistol from a local gun shop in February 2017 and again while purchasing another pistol the following month. The indictment alleges he checked the box saying he was not a marijuana user when he in fact was.

And Richard Quattrone, 48, of Augusta, was also indicted for lying on a federal firearms license in March 2017. The indictment says he purchased a pistol from the same local gun shop as Henderson and checked the box saying he was not a user of marijuana or controlled substances when he was in fact "an unlawful user of marijuana."

The federal prosecutors in Maine are on firm legal ground -- the law is quite clear -- but the question now becomes whether a political backlash can rein them in. That's what happened when law enforcement officials in some states tried to order registered medical marijuana patients to turn in their guns. In Pennsylvania, the state Health Department is no longer providing the names of patients to law enforcement after newspapers there reported the patients would not be able to buy firearms; in Illinois, regulators removed a rule that would have barred legal gun owners from becoming patients; and in Hawaii, police had to walk back a plan to force patients to hand in their guns.

The Jeff Sessions Justice Department, where ATF resides, is unlikely to be as swayed by angry public opinion as state officials in legal marijuana states, and that suggests that people who use marijuana need to really think twice before filling out that Form 4473. If they tell the truth, they will be barred from purchasing a gun; if they lie, they could be charged with a federal criminal offense and sent to prison.

If you're a marijuana user and really, really want to buy a gun, you may want to stick to gun shows and private purchases, but you are still potentially liable for federal prosecution if you get caught with it and the local US attorney wants to score a coup.

This is one more reason state legalization is only half the battle.

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Medical Marijuana Update

There is no joy in Idaho, a California bill to protect patients' employment rights advances, Utah Democrats endorse medical marijuana, and more.

Last Friday, justices agreed to expedite the medical marijuana licensing case. The state Supreme Court has agreed to speed up its review of a ruling that has blocked the issuance of the state's first medical marijuana grow licenses. Some 220 medical marijuana dispensary applications are also on hold, and the state argued before the court that getting the licenses rolled out is a matter of significant public interest.

California

Last Wednesday, a bill to protect patients' employment rights advanced. The Assembly Labor and Employment Committee voted last Wednesday to approve Assembly Bill 2069, which aims to end employment discrimination against medical marijuana patients by treating medical marijuana the same way current law treats prescription opioids and other drugs, by granting it "reasonable accommodation" under the state's Fair Employment and Housing Act. The bill now goes to the Assembly Appropriations Committee.

Idaho

On Sunday, medical marijuana petitioners gave up. There will be no medical marijuana initiative in Idaho this year. The head of the Idaho Medical Marijuana Association says she has stopped collecting signatures and dissolved the group to care for her ailing son. The group needed 36,000 signatures by Monday and wasn't close.

Missouri

Missouri House Passes Smokeless Medical Marijuana Bill. The House on Tuesday approved House Bill 1554, which would allow terminal patients and patients suffering from debilitating conditions to use a smokeless form of medical marijuana. The bill now heads to the Senate.

Utah

On Saturday, the state Democratic Party made support for medical marijuana a platform plank. At the state party convention last weekend, the Democratic Party added medical marijuana to the party platform. A ballot initiative to legalize medical marijuana is likely to be on the ballot in November.

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

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Chronicle AM: Another Record Pot Poll, Brit Docs Call for Drug Legalization, More... (4/30/18)

A new Quinnipiac poll has the highest support yet for marijuana legaization, Maine's Tea Party governor again vetoes a legalization implementation bill, cartel murders spark a mass demonstration in Mexico, the British Royal College of Physicians calls for drug legalization, and more.

New Quinnipiac Poll Has Support for Legalization Surging. Support for marijuana legalization has hit a new high in the latest Quinnipiac poll, released last Thursday. Pollsters found that 63% support federally legalizing marijuana, the highest number yet for this poll and in line with other recent polls showing support above 60%. "Voters are more favorable to legalizing marijuana than in any previous Quinnipiac survey," said Peter A. Brown, assistant director of the poll.

California Marijuana Banking Bill Advances. A bill that would make it easier for state marijuana businesses to use financial services has been approved by a second Senate committee. Senate Bill 930 would create a special class of state-chartered banks and credit unions that could process transactions from legal marijuana businesses. The bill won the approval of the Senate Banking and Financial Institutions Committee last week and now heads for an Appropriations Committee vote. A favorable vote there would take the bill to the Senate floor.

Illinois Bill to Expunge Old Possession Convictions Advances. A bill that would allow people convicted of possessing small amounts of marijuana or paraphernalia to expunge their criminal records has been approved by the House Restorative Justice Committee. House Bill 2367 now heads to the House Rules Committee.

Maine Governor Vetoes Marijuana Legalization Implementation Bill. Tea Party Gov. Paul LePage has for the second time vetoed a measure aimed at implementing the state's voter-approved law allowing for legal marijuana commerce. The veto came last Friday, with LePage complaining that he didn't want separate medical marijuana and recreational marijuana programs and worrying about highway safety. The bill passed both houses by veto-proof margins, but LePage's veto could erode GOP support, allowing the veto to stand. Stay tuned.

Vermont Effort to Revive Marijuana Legalization Bill Fails. A last-minute push to resurrect the state's marijuana legalization bill emerged last Thursday, but fizzled out on Friday. The end came when the House's Democratic leadership decided it had other, more important, priorities for the last days of the legislative session.

Seattle Moves to Vacate Past Misdemeanor Marijuana Convictions. The city of Seattle has filed a motion in municipal court to vacate all past misdemeanor marijuana convictions in the city. The motion would affect some 542 people. The city is also requesting the dismissal of all outstanding misdemeanor marijuana charges.

Medical Marijuana

Arkansas Justices to Expedite Medical-Marijuana Case. The state Supreme Court has agreed to speed up its review of a ruling that has blocked the issuance of the state's first medical marijuana grow licenses. Some 220 medical marijuana dispensary applications are also on hold, and the state argued before the court that getting the licenses rolled out is a matter of significant public interest.

California Bill to Protect Patients' Employment Rights Advances. The Assembly Labor and Employment Committee voted last Wednesday to approve Assembly Bill 2069,which aims to end employment discrimination against medical marijuana patients by treating medical marijuana the same way current law treats prescription opioids and other drugs, by granting it "reasonable accommodation" under the state's Fair Employment and Housing Act. The bill now goes to the Assembly Appropriations Committee.

Idaho Medical Marijuana Petitioners Give Up. There will be no medical marijuana initiative in Idaho this year. The head of the Idaho Medical Marijuana Association says she has stopped collecting signatures and dissolved the group to care for her ailing son. The group needed 36,000 signatures by Monday and wasn't close.Utah Democrats Make Support for Medical Marijuana a Platform Plank. At the state party convention Saturday, the Democratic Party added medical marijuana to the party platform. A ballot initiative to legalize medical marijuana is likely to be on the ballot in November.

Heroin and Prescription Opioids

Charleston, West Virginia, Gives Up on Needle Exchanges. Even though West Virginia is the epicenter of the American opioid crisis, Charleston has shut down the city's needle exchange program, at least for now. City officials called the program a "mini-mall for junkies and drug dealers," and the chief of police imposed onerous restrictions on it, prompting Health Department officials to suspend the program rather than comply with them. The city's move is suggestive of the problems needle exchanges have in winning public acceptance, particularly in the smaller cities of the interior, where they are a relatively new phenomenon.

Drug Testing

Federal Judge Throws Out DC Random Drug Screening of Teachers. A federal district court judge ruled last Thursday that the District of Columbia's random drug screening policy violates the Fourth Amendment rights of teachers. The language mandating drug testing was rooted in a 2004 law that was largely neglected until 2013, when DC school officials issued a memorandum saying the facilities would be subject to the rule. A private school, two teachers, and a private school advocacy group sued the city. Now, they've won.

International

Zimbabwe Legalizes Medical Marijuana. The African country has approved the production and cultivation of marijuana for medicinal and research purposes. The health ministry issued an order saying individuals and companies can apply for licenses.

Mexico Cartel Murder of Three Students Results in Massive Peace Demonstration. More than 10,000 people took to the streets of Mexico's second largest city, Guadalajara, last Thursday to call for peace and demand justice for three film students who were kidnapped and murdered by members of the Jalisco New Generation Cartel. "The absurd war on drugs is taking our classmates and we will not allow it anymore,"said Jesus Medina, a student leader from the University of Guadalajara.

British Royal College of Physicians Calls for Drug Legalization. The Royal College of Physicians, representing some 26,000 British doctors, has called for the legalization of both soft and hard drugs, saying the criminal justice system fails to serve the interests of addicts. Instead of arresting drug users, they should be given "timely" care and support, the group said. "The criminal justice system is not the place to address the often complex needs of people addicted to drugs," said Jane Dacre, president of the RCP. "We are committed to ensuring that all people who need to do so are able to access timely and appropriate prevention and care services." The RCP adopted the policy at meeting of its general council.

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Chronicle AM: New SBA Rules Hurts Pot Industry, Aghan Opium Harvest Underway, More... (5/1/18)

The Trump administration gets creative in coming up with a new way to mess with legal marijuana-related businesses, a pair of Oklahoma marijuana initiatives get approved for signature gathering, Arkansas drug testing results are in -- and they're not impressive -- and more.

It's harvest time for Afghan opium poppies. (unodc.org)

Trump Administration Finds New Way to Hurt Marijuana-Related Businesses. Under new rules issued last month by the Small Business Administration, companies doing business with the marijuana industry will find it more difficult to obtain SBA loans. Under the new rule, banks are prohibited from using SBA-backed loans to finance any business that works directly with the marijuana industry. The rule impacts not only marijuana businesses, but could extend to web designers, gardening suppliers, consultants, and others who derive even a small portion of their income from marijuana businesses.

Oklahoma Legalization and Medical Initiatives Can Start Collecting Signatures. The state is set to vote on one medical marijuana initiative next month, but a group called Green the Vote has now received approval from the state to start collecting signatures for a pair of initiatives that would legalize medical marijuana and recreational marijuana via a constitutional amendment. The medical marijuana initiative is Proposed SQ 796; the legalization initiative is Proposed SQ 797. The group will start collecting signatures on May 11 and will need 125,000 valid voter signatures by August 8 to qualify for the November ballot.

Medical Marijuana

Missouri House Passes Smokeless Medical Marijuana Bill. The House on Tuesday approved House Bill 1554, which would allow terminal patients and patients suffering from debilitating conditions to use a smokeless form of medical marijuana. The bill now heads to the Senate.

Hemp

Illinois Senate Approves Hemp Bill. The Senate has approved Senate Bill 2298, which would allow farmers to apply for permits to grow industrial hemp. The measure passed the Senate on a 50-0 vote and is now before the House.

Drug Testing

Arkansas Welfare Drug Testing Achieves Little. After two years of requiring people seeking Transitional Employment Assistance and/or food stamps to submit to drug screens and possible drug tests, the results are in: Out of 7,000 applicants, only 31 were considered to be likely to be using drugs and thus subject to a drug test. Of those, only 12 submitted drug tests, and of those, only four actually tested positive for drugs. That's four out of 7,000 people subjected to the demeaning and strigmatizing process.

International

Afghan Opium Harvest Gets Underway. Afghan farmers are out in the fields as the country's opium poppy harvest gets underway. The country produced a record crop of 9,000 tons of opium last year. Much of the poppy production takes place in areas outside central government control.

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Chronicle AM: Feinstein Comes Around on Legalization, Synthetic Opioids Fuel ODs, More... (5/2/18)

Maine's legislature overrides a veto to pass a bill implementing legal marijuana sales, California's senior senator finally comes on board with legalization, Canada's legalization push faces some hiccups, and more.

Dianne Feinstein. California's senior senator finally hops on the marijuana train. (Wikimedia Commons)

Dianne Feinstein Drops Opposition to Legal Marijuana. California's senior US senator, Democrat Dianne Feinstein, a longtime foe of marijuana legalization, has seen the light. In an interview Tuesday with McClatchy, she said she was now open to considering federal protection for state-legal marijuana. "Federal law enforcement agents should not arrest Californians who are adhering to California law," said Feinstein, who is facing a primary challenge from Kevin de Leon, who supports marijuana legalization.

Maine Legislature Overrides Governor's Veto of Marijuana Legalization Implementation Bill. Both the House and Senate voted Wednesday to override Gov. Paul LePage's (R) veto of LD 1719, the bill designed to allow the state's legal marijuana industry to get up and running. The bill would establish a system of licensed retail marijuana outlets to sell marijuana to adults. Recreational marijuana sales would be taxed at 20%, while medical marijuana patients would continue to pay a 5.5% tax.

Heroin and Prescription Opioids

Synthetic Opioids Fueling Rise in Overdose Deaths. Synthetic opioids such as fentanyl are now the most common drug involved in fatal drug overdoses, researchers from the Substance Abuse and Mental Health Services Administration (SAMHSA) reported Tuesday. Fatal overdoses involving synthetic opioids accounted for 14% of all overdose death in 2010, but 46% in 2016. Of more than 42,000 opioid-related overdose deaths, synthetics were implicated in more than 19,000, prescription opioids in more than 17,000, and heroin in more than 15,000. The numbers add up to more than 42,000 because many ODs involve multiple drugs.

Drug Testing

Trucking Industry Wants Hair Testing for Drivers. The Alliance for Driver Safety & Security, also known as the Trucking Alliance, has announced it will push for a new federal drug testing law to undergo drug testing to prove they have been free of opioids or other illegal drugs for at least 30 days. That means testing hair follicles, which allows drug use dating back weeks or months to be spotted. The industry complains that urinalysis drug testing isn't catching enough opioid addicts or "lifestyle" drug users.

International

Canada Prime Minister Leaves Door Open for Possible Legalization Delay. Faced with calls from two Senate committees to delay the marijuana legalization bill, Prime Minister Justin Trudeau left the door open for a possible slowdown in enacting the government's marijuana legalization bill. The Senate aboriginal peoples committee has called for a one-year delay for broader consultations with indigenous communities, and a separate committee has called for a delay to clarify what will happen to Canadians trying to enter the US. Trudeau didn't reply directly when asked about a possible delay, but said, "We'll continue to consult a broad range of Canadians, and as our parliamentary secretary Bill Blair says regularly, legalization is not an event, it's a process. And that process will continue," he said.

Colombia Coca Eradication Falls Far Short of Goal. The government will successfully eradicate only about 60% of the coca plantings it pledged to eradicate last year, President Juan Manuel Santos said Tuesday. And it will take longer than the government first announced. Colombia had vowed to eradicate 125,000 acres of coca planting by the end of last year, but Santos said it would only eradicate about 75,000 acres, and that would be by the of this month.

(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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