A bipartisan effort would nullify the Controlled Substance Act's marijuana provisions in states that have legalized it.
Regulators in Michigan and Ohio slow things down, the New York Assembly approves medical marijuana for opioid addiction, and more.
One of the biggest police corruption cases in recent history ends with the head of the Baltimore Gun Trace Task Force headed for prison, deputies get in trouble for drugs in the jails, an Atlanta cop gets caught up in a drug raid, and more.
A bipartisan bill that would make marijuana federally legal in states that have legalized it has been filed, a key GOP committee chair blocks votes on marijuana amendments, the New York Assembly approves medical marijuana for opioid addiction and sealing past pot convictions, and more.
Trump says he will likely support a bill to protect legal marijuana states, Canada's Senate approves marijuana legalization, Minneapolis ends low-level pot stings, and more.
A dozen state governors call on Congress to protect legal marijuana states, a coalition of mayors does something similar, Michigan regulators are leaving medical marijuana businesses hanging out to dry, and more.
The week-old STATES Act picks up a pair of new cosponsors, Mitch McConnell's hemp bill will be debated on Wednesday, Mexican human rights group ask the ICC to investigate drug war crimes by the military, and more.
St. Louis prosecutors will no longer go after people with less than 100 grams of marijuana, a Delaware legislator amends her legalization bill to address concerns, the House passes an opioid package, the Canadian federal government rejects some Senate marijuana amendments, and more.
A bipartisan group of legislators introduced a bill Thursday in both houses of Congress that would protect state marijuana legalization, medical marijuana, and decriminalization laws from federal interference. Under the measure, the Strengthening the Tenth Amendment Through Entrusting States Act (STATES Act), the Controlled Substances Act's (CSA) provisions federally criminalizing marijuana would no longer apply to anyone acting in compliance with state, territorial, or tribal laws allowing marijuana activities.
The bill would also clarify that marijuana business transactions done in compliance with state laws are not drug trafficking and that money made in state-legal marijuana operations is not the proceeds of an unlawful transaction. This provision would provide breathing room for financial institutions to provide services to the industry and give state-legal pot businesses the ability to claim standard business deductions at tax time.
The bill additionally removes industrial hemp from the list of controlled substances under the CSA.
It also retains criminal provisions of the CSA that bar the endangerment of life while manufacturing marijuana and the employment of people under 18 in drug operations. And it prohibits the distribution of marijuana at transportation safety facilities, such as truck stops and rest areas.
The bill is a direct response to Attorney General Jeff Sessions' avowedly aggressive approach to marijuana. The Obama administration dealt with state-legal marijuana by largely getting out of the way, but under Sessions, the Justice Department has rescinded Obama-era guidance to federal prosecutors that limited law enforcement efforts. A feared crackdown has not materialized, but the Justice Department's posture has created legal and business uncertainty, threatened public health and safety, and undermined state regulatory regimes.
While the bill is unlikely to pass this session, it allows its sponsors to stake out positions at the cutting edge of marijuana reform. Senate sponsor Cory Gardner (R-CO) is a Republican seeking to defend his seat this year in a state that legalized marijuana who has sparred with the Justice Department over the issue, while Senate sponsor Elizabeth Warren (D-MA), representing a state where legal marijuana sales are set to begin this summer, is considered a leading Democratic presidential contender.
"In 2012, Coloradans legalized marijuana at the ballot box and the state created an apparatus to regulate the legal marijuana industry. But because of the one-size-fits-all federal prohibition, state decisions like this put Colorado and other states at odds with the federal government," said Gardner. "The federal government is closing its eyes and plugging its ears while 46 states have acted. The bipartisan STATES Act fixes this problem once and for all by taking a states' rights approach to the legal marijuana question. The bipartisan, commonsense bill ensures the federal government will respect the will of the voters - whether that is legalization or prohibition - and not interfere in any states' legal marijuana industry."
"Outdated federal marijuana laws have perpetuated our broken criminal justice system, created barriers to research, and hindered economic development," said Warren. "States like Massachusetts have put a lot of work into implementing common-sense marijuana regulations - and they have the right to enforce their own marijuana policies. The federal government needs to get out of the business of outlawing marijuana."
House sponsor Earl Blumenauer (D-OR) doesn't need to burnish his marijuana reform credentials -- he is a co-founder of the Congressional Cannabis Caucus -- while House sponsor David Joyce (R-OH) is defending his seat in battleground Ohio, where medical marijuana sales are slated to begin this fall.
"For too long the senseless prohibition of marijuana has devastated communities, disproportionately impacting poor Americans and communities of color. Not to mention, it's also wasted resources and stifled critical medical research," said Blumenauer. "It's past time to put the power back in the hands of the people. Congress must right this wrong."
"We should trust the people of the states, like Ohio, who have voted to implement responsible common-sense regulations and requirements for the use, production, and sale of cannabis," said Joyce. "If the people of these states have decided to provide help for those veterans and others suffering from pain and other health issues, we should allow them access without government interference."
The legislation is backed not only by the usual suspects, such as the ACLU, Drug Policy Alliance, Marijuana Policy Project, National Cannabis Industry Association, and NORML, but also by the National Conference of State Legislatures. Also supporting the bipartisan effort are conservative groups, such as Americans for Prosperity, Americans for Tax Reform, and the Institute for Liberty, as well as banking groups including the Cooperative Credit Union Association, the Massachusetts Bankers Association, the Maine Credit Union League, and the Mountain West Credit Union Association.
Other marijuana reform bills have been introduced in this Congress, too, but like this one, they are likely doomed by Republican recalcitrance. Still, if the Democrats manage to take control of the House and/or the Senate in November, we could start to see some real progress made. Support for marijuana legalization has gone past the tipping point; now it's just inertia and intransigence blocking progress.
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Regulators in Michigan and Ohio slow things down, the New York Assembly approves medical marijuana for opioid addiction, and more.
Michigan
Michigan Regulators Leave Medical Marijuana Companies Hanging for Another Month. The state Medical Marijuana Licensing Board announced last Friday that it was canceling its meeting set for Monday, leaving 17 medical marijuana companies in the lurch. The board will not meet again for another month. It was supposed to issue permits to four cultivation operations, a transport company, a dispensary and a processor, and it was also scheduled to consider prequalification for licensure for another 10 businesses. So far, 212 businesses have applied for licenses; none have been issued.
New York
New York Assembly Approves Medical Marijuana for Opioid Addiction. The Assembly last Wednesday overwhelmingly approved a bill that would let medical marijuana be used to treat opioid addiction. The bill is A 9016. A Senate companion measure has been stuck in the Health Committee since January.
Ohio
Ohio Medical Marijuana Sales Delayed. The state Department of Commerce announced last Wednesday that patients would not be able to buy medical marijuana on September 8, the anticipated start date for the program. Sales may not begin for weeks after that, and supply is likely to be initially limited.
South Carolina
South Carolina Voters Approve Medical Marijuana Question on Democratic Ballot. Voters in the state's Democratic primary Tuesday overwhelmingly approved a non-binding question asking if they supported passing a law to allow doctors to prescribe marijuana to patients. The question passed with 81% of the vote. While medical marijuana bills have moved in the legislature, none has yet passed.
[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]
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One of the biggest police corruption cases in recent history ends with the head of the Baltimore Gun Trace Task Force headed for prison, deputies get in trouble for drugs in the jails, an Atlanta cop gets caught up in a drug raid, and more.
In Franklinton, Louisiana,
a Washington Parish sheriff's deputy was arrested last Friday for allegedly helping inmates smuggle drugs into the parish jail. Deputy Joe Wayne Sandifer is accused of knowing about drug use by inmate trusties and hiding drugs for them in his department-issued vehicle. Police found drugs when they searched his vehicle. He is charged with possession of marijuana, activities regarding contraband in a penal institution and malfeasance in office.
In Colorado Springs, Colorado, an El Paso County sheriff's deputy was arrested Sunday for trying to bring drugs into the county jail during his shift. Deputy Steven D'Agustino faces charges of introducing contraband in the first degree and official misconduct. The five-year veteran now resides at his former place of employment.
In College Park, Georgia, an Atlanta police officer was arrested Monday during a raid on a home where people were suspected of dealing drugs. Officer Iris Rowe was in the home when College Park Special Operations Teams hit the apartment looking for two named suspects. Police arrested all three and attempted to question Rowe about involvement in drug activity, but she declined to answer questions. Police seized drugs valued at about $30,000 and $8,000 in cash in the house and found more drugs and an AR-15 in the trunk of Rowe's car. She faces three drug charges, including possession with intent to distribute marijuana, possession of a controlled substance and possession of illegal drugs in a drug-free zone. She was placed on leave from the Atlanta Police Department pending the investigation.
In Baltimore, the former head of the Baltimore Police Gun Trace Task Force was sentenced last Thursday to 25 years in federal prison for using the task force, which was supposed to take guns off the street, to steal and resell guns, rob drug dealers, and plant false evidence. Sergeant Wayne Jenkins was among six of his colleagues who pleaded guilty in the case.
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A bipartisan bill that would make marijuana federally legal in states that have legalized it has been filed, a key GOP committee chair blocks votes on marijuana amendments, the New York Assembly approves medical marijuana for opioid addiction and sealing past pot convictions, and more.
Marijuana PolicyCory Gardner, Elizabeth Warren File Bill to Make Marijuana Federally Legal in Legal Marijuana States. Two legal marijuana state US senators, Cory Gardner (R-CO) and Elizabeth Warren (D-MA) on Thursday filed a bill that would federally legalize marijuana in states that have legalized it. Marijuana would remain federally illegal in those states that have not legalized it. The bill, which does not yet have a number, is the STATES Act (Strengthening the Tenth Amendment Through Entrusting States).
House Rules Committee Blocks Votes on Marijuana Policy. One of the biggest roadblocks to drug law reform in Congress has struck again. Rep. Pete Sessions (R-TX), chairman of the House Rules Committee, blocked four marijuana amendments from going to a House floor vote. Three of them related to veterans' ability to use medical marijuana, while the fourth was about water rights for marijuana and hemp growers.
New York Assembly Approves Sealing Marijuana Convictions. The Assembly on Wednesday approved A 2142, which would seal marijuana convictions for individuals who have been unjustly and unconstitutionally arrested for simple possession of marijuana in public view. Over the past 20 years, more than 800,000 New Yorkers have been arrested on such charges. A Senate companion measure has passed out of the Codes Committee and is currently before the Senate Judiciary Committee.
Medical Marijuana
New York Assembly Approves Medical Marijuana for Opioid Addiction. The Assembly on Wednesday overwhelmingly approved a bill that would let medical marijuana be used to treat opioid addiction. The bill is A 9016. A Senate companion measure has been stuck in the Health Committee since January.
Ohio Medical Marijuana Sales Delayed. The state Department of Commerce announced Wednesday that patients would not be able to buy medical marijuana on September 8, the anticipated start date for the program. Sales may not begin for weeks after that, and supply is likely to be initially limited.
International
Canada Senate Set to Pass Marijuana Legalization Bill Today. The Canadian Senate was expected to give final approval to the C-45 marijuana legalization bill Thursday. Because the bill has been heavily amended in the Senate, it will have to go back to the House for approval of those changes. After that, the implementation of marijuana legalization will begin.
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Trump says he will likely support a bill to protect legal marijuana states, Canada's Senate approves marijuana legalization, Minneapolis ends low-level pot stings, and more.
President Trump said he would "probably" support a bill that would end federal marijuanaprohibition in states where it is legal.
Trump Says He Will Likely Support Gardner-Warren Marijuana Bill. President Trump said Friday that he will "probably" support a bipartisan, bicameral bill filed Thursday by Sens. Cory Gardner (R-CO) and Elizabeth Warren (D-MA) and Reps. Earl Blumenauer (D-OR) and David Joyce (R-OH) that would end federal marijuana prohibition in states where it is legal. The measure is the Strengthening the Tenth Amendment Through Entrusting States Act (STATES Act). "I support Sen. Gardner," Trump said when asked about the bill. "I know exactly what he's doing. We're looking at it. But I probably will end up supporting that, yes."
New Jersey Democrats File New Marijuana Legalization Bill. State Senate President Steve Sweeney (D) and state Sen. Nick Scutari (D) have filed a new marijuana legalization bill just weeks ahead of June 30 budget deadline. Gov. Phil Murphy, a legalization supporter, is counting on $60 billion in marijuana tax revenue in his fiscal year 2019 budget. Under the bill, adults could possess, buy, use or transport an ounce or less of marijuana. Towns would retain the right to create their own ordinances governing sales, with a 180-day window to bar sales. The bill envisages tax rates from 10% to 25% over four years. It's not yet available on the legislative website.
Minneapolis Ends Low-Level Pot Stings, Cites Racial Disparities. At the request of Mayor Jacob Frey (DFL), Minneapolis police will quit staging stings targeting low-level marijuana sellers. The move came just hours after revelations that 46 of 47 people arrested in the stings were black. The charges against those people are being dismissed. "I believe strongly that marijuana should be a lowest-level enforcement priority and that it should be fully legalized at the state level," Frey said in a statement Thursday. "The fact that racial disparities are so common nationwide in the enforcement of marijuana laws is one of the reasons I support full legalization."
Heroin and Prescription Opioids
West Virginia Opioid Reduction Act Now in Effect. As of Thursday, the state Department of Health and Human Resources has begun implementation of the Opioid Reduction Act. It sets limitations on opioid prescriptions and allows patients to place a directive in their medical file declining in advance treatments involving opioid medications. Under the new law, initial opioid prescriptions are limited to a seven-day supply of the lowest effective dose. In hospital emergency rooms, doctors can only prescribe a four-day supply.
International
Canadian Senate Approves Marijuana Legalization Bill. The Senate Thursday night approved the C-45 marijuana legalization bill, but only after heavily amending it. The bill must now go back to the House, which must decide which to keep and which to throw out, before sending it back to the Senate for final approval. Many of the amendments are technical, but some are significant. One amendment would allow provinces to prohibit home cultivation of cannabis if they so choose, rather than accept the four marijuana plants per household allowed under the bill. Another would impose stringent restrictions on advertising by marijuana companies.
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A dozen state governors call on Congress to protect legal marijuana states, a coalition of mayors does something similar, Michigan regulators are leaving medical marijuana businesses hanging out to dry, and more.
Marijuana PolicyGovernors Call on Congress to Pass STATES Act. A dozen governors have signed a letter to Congress urging it to pass the Strengthening the Tenth Amendment Through Entrusting States Act (STATES Act). Introduced in both the House and the Senate last week, the bill would protect states with legalized marijuana from federal interference. The list includes the governors of most of the adult legalization states-- California, Oregon, Colorado, Alaska, Nevada, Washington and Massachusetts -- as well as Democratic governors Phil Murphy of New Jersey, Andrew Cuomo of New York and Tom Wolfe of Pennsylvania, as well as Republican governors Larry Hogan of Maryland and, somewhat surprisingly, Doug Burgum of North Dakota.
Coalition of Mayors to Urge Congress to Protect States With Legal Marijuana. Denver Mayor Michael Hancock (D) announced Sunday at the annual meeting of the US Conference of Mayors that he will lead a coalition of mayors from around the country in a bid to push Congress to act to protect states where marijuana or medical marijuana is legal. "With 46 states having some form of legalization, the reality is legal marijuana is coming to a city near you. As mayors of cities that have successfully implemented and managed this new industry, we have hands-on experience that can help Congress take the right steps to support other local governments as they prepare to enter this new frontier," Hancock said in an announcement of the coalition. "We all will face common challenges when it comes to legalizing marijuana, and those challenges need federal solutions so implementation can be done smoothly, safely and effectively." Other founding members of the coalition are Mayor Heidi Williams of Thornton, Colorado, as well as mayors Mark Farrell (San Francisco), Jenny Durkan (Seattle), Libby Schaaf (Oakland), Tedd Wheeler (Portland), Christopher Cabaldon (West Sacramento), Eric Garcetti (Los Angeles) and Carolyn Goodman (Las Vegas).
Medical Marijuana
Michigan Regulators Leave Medical Marijuana Companies Hanging for Another Month. The state Medical Marijuana Licensing Board announced last Friday that it was canceling its meeting set for Monday, leaving 17 medical marijuana companies in the lurch. The board will not meet again for another month. It was supposed to issue permits to four cultivation operations, a transport company, a dispensary and a processor, and it was also scheduled to consider prequalification for licensure for another 10 businesses. So far, 212 businesses have applied for licenses; none have been issued.
International
Danish Political Parties Call for Legal Marijuana Sales. Amidst another police crackdown on the Pusher Street market in Copenhagen's Christiania, five political parties are calling for a path toward legalization. One of the parties, the libertarian Liberal Alliance, is a coalition partner in the country's conservative government. The other four -- Alternative, the Red Green Alliance, the Socialist People's Party, and the Social Liberal Party -- are in the opposition. The parties were set to meet Monday to discuss pathways to legalization.
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The week-old STATES Act picks up a pair of new cosponsors, Mitch McConnell's hemp bill will be debated on Wednesday, Mexican human rights group ask the ICC to investigate drug war crimes by the military, and more.
hemp fields (votehemp.com)
Alaska Senators Sign Up to Back STATES Act. Alaska US senators Dan Sullivan (R) and Lisa Murkowski (R) have added their names as cosponsors of the Strengthening the Tenth Amendment Through Entrusting States Act (STATES Act), which was introduced last week. The bill would make the marijuana prohibition provisions of the Controlled Substances Act inapplicable in states that have their own laws allowing the production, sale, possession, and consumption of marijuana.
Hemp
Federal Bill to Legalize Hemp Up for Debate on Wednesday. Senate Majority Leader Mitch McConnell's (R-KY) Hemp Farming Act of 2018 (S. 2667) will be debated in the Senate on Wednesday. The bill legalizes industrial hemp production and removes hemp from the Controlled Substances Act.
International
Mexican Human Rights Groups Call for International Criminal Court Investigation of Military Drug War Atrocities. Human rights organizations called Monday for the International Criminal Court (ICC) to investigate abuses committed by the Mexican military in a crackdown on drug crime in Chihuahua state. The rights groups provided a dossier to the ICC documenting slayings, torture, rapes, and forced disappearances involving at least 121 victims during a period between 2008 and 2010. This is the third case the human rights groups have asked the ICC to open. Earlier, they presented cases from Coahuila and Baja California, but the ICC has yet to open a preliminary investigation on any of them.
Australia NSW Festival Drug Dog Policy Challenged. A new policy by New South Wales policy that denies entry to music festivals to anyone "indicated on" by a drug dog -- even if a search reveals no drugs -- is being challenged by the NSW Greens. The Greens's Sniff Off campaign sought an injunction last Friday in the NSW Supreme Court to try to block police from carrying out the new practice. The court rejected that effort, saying the issue was "hypothetical," but now, after some festival goers were denied entry this past weekend, the Greens plan to challenge the policy anew.
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St. Louis prosecutors will no longer go after people with less than 100 grams of marijuana, a Delaware legislator amends her legalization bill to address concerns, the House passes an opioid package, the Canadian federal government rejects some Senate marijuana amendments, and more.
Marijuana PolicyDelaware Legalization Bill Amended. State Rep. Helene Keeley (D-Wilmington) has filed an amendment to her legalization bill, House Bill 110, aimed at addressing concerns around regulations and public safety. The amendment would more tightly regulate legal marijuana production and distribution and prohibit products that look like candy or cartoon characters. The amendment also clarifies employer protections and sets aside 10% of tax revenues to pay for drugged driving enforcement. The bill has already passed committee votes and now awaits a House floor vote.
St. Louis Ends Marijuana Prosecutions for Less Than 100 Grams. St. Louis Circuit Attorney Kim Gardner announced Tuesday that her office will stop prosecuting marijuana possession cases involving less than 3 ½ ounces (100 grams) of the weed. "Effective immediately we will no longer issue possession of marijuana cases under 100 grams as the lead charge!" Gardner wrote. Gardner said her staff would also begin reviewing and dismissing pending pot cases.
Medical Marijuana
South Carolina Voters Approve Medical Marijuana Question On Democratic Ballot. Voters in the state's Democratic primary overwhelmingly approved a non-binding question asking if they supported passing a law to allow doctors to prescribe marijuana to patients. The question passed with 81% of the vote. While medical marijuana bills have moved in the legislature, none has yet passed.
Heroin and Prescription Opioids
House Passes Package of 25 Bills Addressing Opioid Crisis. The House on Tuesday approved a package of 25 bills that nibble at the edge of the nation's opioid-related public health crisis. The bills range from addressing the disposal of opioid medications after a patient's death to encouraging overdose awareness in hospital emergency rooms to raising awareness of synthetic opioids and more. For a complete list of the bills and what they do, click on the title link.
Harm Reduction
Delaware Law Giving First Responders Immunity from Lawsuits for Administering Opioid Overdose Reversal Drug Goes into Effect. Gov. John Carney (D) on Tuesday signed into law Senate Bill 147, which provides immunity from lawsuits for public safety personnel for trying to save lives by administering Naloxone. Paramedics and police had previously been granted immunity, and laypersons also have immunity under the state's Good Samaritan law. This bill specifies that volunteer firefighters and other emergency responders will also have immunity.
International
Canadian Federal Government Rejects Some Senate Marijuana Legalization Bill Amendments. The federal government has said it accepts some 26 technical proposed amendments to the C-45 legalization bill but rejects amendments to allow provinces to bar home cultivation and prohibit producers from handing out branded merchandise. "We have looked carefully at all of the amendments that have been brought forward and today we respectfully submit to the Senate the amendments that we've accepted, and the ones that we haven't," Health Minister Ginette Petitpas Taylor told reporters Wednesday. Now, it will be up to the Senate to accept the government's position. If not, the legislative haggling could continue for some time.
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