Drug War Chronicle #1030 - July 26, 2018

There’s a Surprising Obstacle to Ending Marijuana Prohibition in New Jersey

New Jersey Gov. Phil Murphy (D) campaigned on, among other things, a promise to legalize marijuana in his first 100 days in office. That didn't happen. It may not happen at all this year, and state Sen. Ronald Rice (D) is one major reason why.

Marijuana legalization advocates led by Senate Judiciary Committee Chairman Nicholas Scutari (D-Cumberland) and Senate President Steve Sweeney (D-Gloucester) filed a pair of bills this session, S 2702 and S 2703 that provide lawmakers a framework for legalization, but opposition from the likes of Rice has blunted forward momentum so far.

Rice represents part of Newark, a district more than half black, and is the head of the state's Legislative Black Caucus. He is also a major anti-marijuana legalization advocate, with an array of arguments from the depths of Reefer Madness.

He most recently made headlines last week with his hyperventilating warning that if pot is legalized, Garden Staters will be faced with the prospect of -- gasp! -- "sex toys and oils with marijuana," and it could be happening right in his face.

"If in fact we legalize recreational marijuana, right across the street from my office they're going to put up stores," Rice told NJTV. "They want to call them dispensaries, but they're going to be stores that do retail selling cupcakes with marijuana, candies with marijuana, sex toys and oils with marijuana, lipsticks with marijuana, all those kinds of products that kids can get and people can get."

It's not clear why Rice thinks "kids" will be able to get marijuana products, or get them more easily than they could before. When marijuana is legalized, it has only ever legalized for adults -- not kids.

He also made a muddled attempt to deploy the discredited gateway theory that marijuana use leads to hard drug use, arguing that, "When you legalize marijuana recreationally, the number of people who've never used any type of drugs goes up substantially in terms of drug use." Say what?

Rice recognizes the devastating impact that racially biased marijuana law enforcement has on the state's minority communities -- the New Jersey ACLU reported last year that between 2000 and 2013, black residents were arrested at a rate nearly three times that of whites, even though both groups used weed at similar rates -- but says the answer is decriminalization, not legalization.

He has even filed a bill this year that would decriminalize the possession of up to ten grams, but that would also enable the state to force some marijuana users into drug treatment.

"I still want to deter people from doing something that's bad for them," Rice explained to Gothamist back in April. "If you get too high, you die from it. It kills you directly if it's too potent."

Of course, there is no known case of anyone dying from a marijuana overdose, but somebody forgot to let Rose on the secret.

In that same Gothamist interview, Rice unleashed a Gish gallop of problems he claimed would be unleashed by legal (but not decriminalized?) marijuana: Babies born with THC in their brains, businesses desperate for workers who could pass drug tests, people cashing in food stamps to score weed, drug cartels getting in the legal pot businesses, an army of drug addicts as pot smokers escalate to harder drugs, and devastated inner cities, among other looming calamities.

Rice also took his anti-legalization views to Washington, DC -- on April 20th of all days -- along with Bishop Jethro James Jr. of Newark's Paradise Baptist Church and former Democratic US Rep. Patrick Kennedy to join up with the pot prohibitionist Project SAM (Smart Approaches to Marijuana) at a press conference to blunt legalization moves.

The senator was in typical form there, warning that people already go hungry to buy drugs and that those numbers will only increase if it's easier to access legal marijuana. Rice also raised the specter of lethal violence if white college students from outside Newark come into the city in search of drugs or if blacks from the city go to white suburban towns to buy legal weed.

"Somebody's going to get killed," he said.

Rice has been in the state Senate since 1986, has won reelection easily in his heavily Democratic district, and didn't even face a primary challenger this year. He may be progressive on some issues, but on other issues, he displays the same reactionary tendencies he has displayed around marijuana. He was one of only two Democrats in the Senate to vote against bills legalizing same-sex marriage in 2009 and 2012. It may be time for District 28 voters to start looking for a senator from this century.

This article was produced by Drug Reporter, a project of the Independent Media Institute.

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Watch: Jeff Sessions Acknowledges States Have the Right to Pass Their Own Marijuana Laws

Even as he defended federal marijuana prohibition, US Attorney General Jeff Sessions last Thursday conceded that states have the right to pass their own marijuana laws.

Sessions, an avowed foe of marijuana legalization, has moved to rescind Obama-era guidance to prosecutors that gave some protection to state-legal marijuana operations, but the reality on the ground is that even when given a green light by the Justice Department to go after state-legal marijuana, federal prosecutors in those states are largely leaving it alone.

Sessions has also been left isolated by President Trump, who has signaled support for legislation that would end federal marijuana prohibition.

Last Thursday, Sessions was in Massachusetts, where voters in 2016 approved marijuana legalization and where sales in pot shops are expected to begin sometime this year. A reporter asked Sessions about his stance on legalization.

"We'll enforce the federal law; the federal law remains the law of the land," he replied. "Personally, my view is that the American republic will not be better if there are marijuana sales on every street corner, but states have a right to set their own laws and will do so, and we will follow the federal law," he said.

After the press conference, a Department of Justice spokesperson told MassLive.com the comments did not represent a shift for Sessions. This is true: Sessions remains committed to federal marijuana prohibition, but he can't seem to get his US attorneys in states where marijuana is legal to do much about it. And now, he's at least admitting that states have the right to craft their own pot laws.

Here's the video:

This article was produced by Drug Reporter, a project of the Independent Media Institute.

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Medical Marijuana Update

Medical marijuana policy had a slow week, but the fight over Oklahoma's new voter-approved medical marijuana law continued, and Detroit set some regulations.

Michigan

Detroit City Council Votes to Cap Dispensary Numbers. The city council voted Tuesday night to limit the number of dispensaries that can operate in the city to 75. The measure also regulates the commercial cultivation, processing, testing, distribution, and sale of medical marijuana and imposes limitations on the size, location, and operations of medical marijuana businesses.

Oklahoma

Oklahoma Health Officials Revise Proposed Medical Marijuana Rules. The Department of Health last Friday released new proposed medical marijuana rules that remove some of the most criticized provisions of its first swing at the issue. The rules no longer ban the sale of smokable marijuana or require female patients to get a pregnancy test (!). The department also ditched a rule that limited the amount of THC in marijuana products.

Oklahoma Health Board Considering New Rules for Medical Marijuana. The state Board of Health is meeting Wednesday to try once again to come up with regulations for the state's voter-approved medical marijuana program. The revised guidelines now eliminate a ban on the sale of smokable marijuana and a requirement that a pharmacist be present in every dispensary. The new rules also drop the requirement that women of child-bearing age take a pregnancy test before using medical marijuana.

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

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Medical Marijuana Update

Michigan's Court of Appeals issues a strange ruling and the fight over what Oklahoma's medical marijuana program will look like continues.

Michigan

Michigan Appeals Court Rules Freshly Harvested Marijuana is Illegal Under State Medical Marijuana Law. In a bizarre ruling, the state Court of Appeals held Tuesday that marijuana harvested but not yet fully dried is not "usable" and thus not covered by the state's medical marijuana law. That means a person can be arrested for having it even if he or she is a licensed grower.

Oklahoma

Oklahoma Health Board to Reconsider Restrictive Rules on Medical Marijuana. The state Board of Health said last Wednesday it will meet "as soon as possible" to reconsider restrictive rules it imposed on the state's new voter-approved medical marijuana law. The move comes after a storm of opposition arose in response to its rules requiring pharmacists to be present at dispensaries and banning the sale of smokable marijuana at dispensaries. "The Board of Health will call a special meeting to consider these changes as soon as possible," board president Jim Starkey said in a news release. "The Oklahoma State Health Department staff has done an incredible job to prepare for implementation of this program and we want to make sure they have clear direction to meet the deadlines outlined in the state question and administer this new program."

Oklahoma Legislature Forms Bipartisan Group to Work on Medical Marijuana Implementation. Senate Pro Tempore-designate Greg Treat and House Speaker Charles McCall announced last Thursday they would form the committee after the State Board of Health added two controversial amendments to the rules regulating marijuana. "Oklahoma voters made their choice, and the Senate will work to ensure State Question 788 is implemented efficiently, effectively and safely in accordance with the voters' choice." Treat said.

Oklahoma Medical Marijuana Advocates Rally Against Emergency Rules. Medical marijuana supporters rallied Saturday at the state capitol amid frustration over emergency rules promulgated by the state Board of Health and said they would be back again Tuesday. The board on July 10 approved emergency rules that would, among other things, ban the sale of smokable marijuana products and require a pharmacist to be on site at dispensaries. Last week, Attorney General Mike Hunter (R) said the board overstepped its authority, and the board now says it will meet again soon to reevaluate the proposed rules.

Oklahoma Lawmakers to Begin Working on Medical Marijuana Rules Wednesday. A bipartisan group of 13 legislators is set to begin working on recommendations for medical marijuana regulations on Wednesday. The group was formed after the state Health Board created an uproar by adding two controversial rules, one barring the sale of smokable medical marijuana and the other requiring the presence of a pharmacist at dispensaries.

Oklahoma Marijuana Trade Group Releases Proposed Regulatory Framework for New Medical Marijuana Law. With parts of the state's new medical marijuana law set to take effect this weekend, an industry group has released its own proposed regulatory framework for implementing the new law. New Health Solutions Oklahoma says its intent is to provide a resource for a legislative panel reviewing restrictive recommendations made by the state Board of Health. That panel was set to meet Wednesday.

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

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Chronicle AM: Warren Slams Trump on Opioids, White House Says No Drug Legalization, More... (6/19/18)

A leading Democratic senator scolds the White House on the opioid crisis, the White House rejects drug legalization, the Lebanese consider legalizing marijuana cultivation for medicine, and more.

Marijuana Policy

Alaska Marijuana Festival Investigated for Allowing Marijuana Consumption. The Alaska Hempfest held last month allowed attendees who wanted to indulge on-site to smoke marijuana in a tent on the festival grounds, and that now has the festival in hot water with the state Alcohol and Marijuana Control Office. State law and industry regulations prohibit public consumption of marijuana. Festival organizers have been notified that an investigation is underway and that they will likely face a fine of several thousand dollars.

Heroin and Prescription Opioids

Elizabeth Warren Slams Trump on Lame Response to Opioid Crisis. Sen. Elizabeth Warren (D-MA) has ripped into President Trump over his lack of effective responses to the opioid crisis. In a letter released Thursday, Warren wrote: "Experts and observers have concluded that your efforts to address the crisis are 'pathetic' and 'ambiguous promises' that are falling far short of what is needed and not… addressing the epidemic with the urgency it demands. I agree and urge to move quickly to address these problems."

Drug Policy

White House Rejects Drug Legalization. In response to a question about Mexico's incoming president's openness to discussing drug legalization as an alternative to the bloody status quo south of the border, White House press secretary Sarah Huckabee Sanders made clear Wednesday that the Trump administration wasn't interested in anything like that. "I don't have a specific policy announcement on that front," Sanders said at the daily White House press briefing. "However, I can say that we would not support the legalization of all drugs anywhere and certainly wouldn't want to do anything that would allow more drugs to come into this country."

International

Lebanon's Parliament Will Take Up Legalizing Marijuana Cultivation for Medical Purposes. Parliament Speaker Nabih Berri said Wednesday the parliament is considering legalizing marijuana cultivation for medical purposes in a bid to boost the economy. "The Lebanese Parliament is preparing to study and adopt the legislation necessary to legislate the cultivation of cannabis and its manufacture for medical uses in the manner of many European countries and some US states," Berri's office said, reporting on comments made in a meeting with the US ambassador in Beirut.

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Chronicle AM: OK Health Board Retreats on MedMJ, UK ACMD Supports MedMJ, More... (7/20/18)

The battle over Oklahoma's new medical marijuana law continues, the British Advisory Committee on the Misuse of Drugs calls for medical marijuana legalization, the Pennsylvania auditor calls for marijuana legalization, and more.

Marijuana Policy

Pennsylvania Auditor, Pittsburgh Mayor Call for Legalization. Auditor General Eugene DePasquale on Thursday released a report saying marijuana could be a $1.7 billion industry in the state, generating more than $500 million in tax revenues. Joining DePasquale was Pittsburgh Mayor Bill Peduto. "This issue not only has a revenue side to it, but it also has a personal side to it -- people whose lives are thrown out of balance because of the penalization of cannabis not being legal, people who are not able to have access to housing or access to jobs or access to an opportunity in life," Peduto said.

Jersey City Decriminalizes Possession. The city becomes the first in the state to decriminalize small-time pot possession. A decriminalization ordinance went into effect Thursday. Under the ordinance, the city's assistant prosecutors will have discretion in which cases to pursue.

Medical Marijuana

Oklahoma Health Board to Reconsider Restrictive Rules on Medical Marijuana. The state Board of Health said Wednesday it will meet "as soon as possible" to reconsider restrictive rules it imposed on the state's new voter-approved medical marijuana law. The move comes after a storm of opposition arose in response to its rules requiring pharmacists to be present at dispensaries and banning the sale of smokeable marijuana at dispensaries. "The Board of Health will call a special meeting to consider these changes as soon as possible," board president Jim Starkey said in a news release. "The Oklahoma State Health Department staff has done an incredible job to prepare for implementation of this program and we want to make sure they have clear direction to meet the deadlines outlined in the state question and administer this new program."

Oklahoma Legislature Forms Bipartisan Group to Work on Medical Marijuana Implementation. Senate Pro Tempore-designate Greg Treat and House Speaker Charles McCall announced Thursday they would form the committee after the State Board of Health added two controversial amendments to the rules regulating marijuana."Oklahoma voters made their choice, and the Senate will work to ensure State Question 788 is implemented efficiently, effectively and safely in accordance with the voters' choice." Treat said.

International

British Drug Advisory Committee Calls for Legal Medical Marijuana. The Advisory Committee on the Misuse of Drugs (ACMD) has called for the legalization of medical marijuana. In a "short-term advice," the group said the plant had medicinal benefits and doctors should be able to prescribe it. The ACMD also called for marijuana to be down-scheduled in the country's drug classification scheme.

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Chronicle AM: No Marijuana "Gifting" for Vermont Businesses, Duterte Vows More Drug War, More... (7/23/18)

Attorneys General in New Jersey and Vermont lay down the law on pot, Oklahomans rally against restrictive medical marijuana rules, Filipino President Duterte vows more drug war, and more.

Marijuana Policy

New Jersey Attorney General Says Jersey City Can't Decriminalize. State Attorney General Gurbir Grewal said last Friday that Jersey City doesn't have the power to decriminalize marijuana. The move came a day after the city decriminalized possession by decree. Grewal wrote that his office "takes no position" on marijuana legalization or decriminalization, "rather, I write to advise that, as a municipal prosecutor, you do not have the legal authority to decriminalize marijuana or otherwise refuse to criminally prosecute all marijuana-related offenses in the municipal courts of Jersey City," Grewal writes. "Accordingly, I am instructing you that your memorandum is void and has no effect."

Vermont Attorney General Rules That Businesses Can't "Give" Marijuana in Connection with Other Purchases. State Attorney General T.J. Donovan provided guidance Monday to clarify that trying to get around the state's no marijuana sales legalization law by providing pot as a "gift" when purchasing some other item remains illegal. The move came after some Burlington businesses began a delivery service that "gifted" marijuana with the purchase of a courier service. They had argued that they were operating under a loophole in the law, but Donovan disagreed.

Medical Marijuana

Oklahoma Medical Marijuana Advocates Rally Against Emergency Rules. Medical marijuana supporters rallied Saturday at the state capitol amid frustration over emergency rules promulgated by the state Board of Health and said they would be back again Tuesday. The board on July 10 approved emergency rules that would, among other things, ban the sale of smokable marijuana products and require a pharmacist to be on site at dispensaries. Last week, Attorney General Mike Hunter (R) said the board overstepped its authority, and the board now says it will meet again soon to reevaluate the proposed rules.

International

British Poll Finds First Majority for Marijuana Legalization. For the first time, a public opinion in the United Kingdom shows a majority in favor of marijuana legalization. A new BMG Research poll had 22% strongly supporting legalization and another 29% somewhat supporting legalization, bringing total support to 51%. Some 35% were opposed, and 14% had no opinion. A second question regarding decriminalization yielded a similar 52% approval.

Mexican Opium Growers Ask AMLO to Legalize Cultivation. A group of community leaders from the poppy-producing region of Guerrero state has appealed to president-elect Andres Manuel Lopez Obrador (AMLO) to legalize the cultivation of opium poppies for use in the manufacture of legal pharmaceutical drugs. "As a priority, we are seeking the legalization of the cultivation of poppies for medicinal purposes so that farmers in the Sierra are no longer criminalized," Arturo López Torres, a member of a local union that advocates for economic and social development, told the newspaper El Universal. The growers also want AMLO to clarify whether poppy farmers who have been jailed for growing the crop would qualify under the government's proposed amnesty law.

Philippines' Duterte Vows to Continue "Relentless and Chilling" Drug War. Philippine President Rodrigo Duterte on Monday vowed to continue his bloody war on drugs, telling a joint session of Congress the fight would be as "relentless and chilling" as it has been during his first two years in power, which have seen thousands of people killed. He also took a swipe at critics, saying "your concern is human rights, mine is human lives." But not, apparently, the lives of accused drug users or sellers.

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Chronicle AM: Federal State-Legal Pot Reporting Bill Filed, Mexico Killings Still Rising, More... (7/24/18)

Prospects look iffy for a pair of Oklahoma marijuana initiatives, a federal bill requiring reporting on the impact of state-level legalization is filed, Canada's pot arrests shrink, Mexico's murders increase, and more.

Marijuana Policy

Federal Bill to Require Report on State-Level Legalization Filed. Led by Rep. Tulsi Gabbard (D-HI), a bipartisan group of representatives on Tuesday filed the Marijuana Data Collection Act, which would direct the Department of Health and Human Services to work with other agencies to study "the effects of state legalized marijuana programs on the economy, public health, criminal justice, and employment." The measure has not yet been assigned a bill number.

Oklahoma Marijuana Initiatives Unlikely to Qualify in Time for November Ballot. Proponents of a pair of initiatives, State Question 796 to legalize medical marijuana via a constitutional amendment, and State Question 797 to do the same for recreational marijuana are up against a ticking clock and will likely not be able to get the measures on the ballot this year. Secretary of State James Williamson said Monday. Circulators have until August 8 to hand in signatures, but under state law, the initiatives must be approved no fewer than 70 days before the November election. It normally takes the state about 60 days to verify signatures, and that August 8 deadline means there are only 69 days before the election. Also, any challenges to the initiatives could delay them even further. If they don't make the November ballot, a special election is unlikely and they would then appear on the November 2020 ballot.

Medical Marijuana

Michigan Appeals Court Rules Freshly Harvested Marijuana is Illegal Under State Medical Marijuana Law. In a bizarre ruling, the state Court of Appeals held Tuesday that marijuana harvested but not yet fully dried is not "usable" and thus not covered by the state's medical marijuana law. That means a person can be arrested for having it even if he or she is a licensed grower.

Oklahoma Lawmakers to Begin Working on Medical Marijuana Rules Wednesday. A bipartisan group of 13 legislators is set to begin working on recommendations for medical marijuana regulations on Wednesday. The group was formed after the state Health Board created an uproar by adding two controversial rules, one barring the sale of smokeable medical marijuana and the other requiring the presence of a pharmacist at dispensaries.

International

Canada Pot Arrests Drop to Record Low. The number of people charged with marijuana offenses has dropped to the lowest level this century. The 13,800 arrests in 2017 were less than half the 28,000 people arrested in 2011. Police said the reason was twofold: Police have been concentrating on the opioid crisis, and, as legalization nears, they have been exercising their discretion and not bothering to arrest people for pot anymore.

Mexico Murders Increased 16% in First Half of This Year. There were some 15,973 murders in Mexico in the first half of 2018, up from 13,751 during the same period last year. The number is the highest since comprehensive records began being kept in 1997. Still, the curve may be flattening out, analysts said, noting that the first half of 2018 saw only a 4% increase over the last half of 2017. But still&hellip<>

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Chronicle AM: NJ AG Suspends Pot Prosecutions, Denver Magic Mushroom Init Stalled, More... (7/25/18)

In a surprise move, New Jersey's attorney general suspends marijuana prosecutions, an Oklahoma industry trade group releases proposed draft medical marijuana regulations, a Denver initiative to decriminalize magic mushrooms is delayed, and more.

Marijuana Policy

New Jersey Attorney General Suspends All Marijuana Prosecutions Until September. State Attorney General Gurbur Gerwal announced Monday night that he had ordered county and municipal prosecutors to suspend marijuana-related cases at least until September. The surprise move came after Grewal met with Jersey City officials over that city's effort to decriminalize small-time possession. Grewal last week initially told the city it couldn't do that, but after the Monday meeting he announced that he was forming a working group to create a statewide policy for prosecutors and: "In the interim, I ask that all municipal prosecutors in New Jersey seek an adjournment until September 4, 2018, or later, of any matter involving a marijuana-related offense pending in municipal court. This adjournment will give my office sufficient time to develop appropriate guidance for prosecutors."

Washington State Felony Marijuana Busts Plummet After Legalization. Felony pot busts have fallen by 90% since the state legalized marijuana in 2012, according to the Washington State Caseload Forecast Council. More than 1,300 felony sentences were handed out in an 18-month period in 2008 and 2009, but only 147 such cases in an 18-month period following the opening of retail marijuana shops in 2014. "It's really heartening," said Alison Holcomb, the director of strategy for the ACLU of Washington who authored and sponsored the legalization initiative. "These are strong signs that this was the right policy choice for Washington state voters to make and we're really grateful that they had the courage to do it."

Medical Marijuana

Oklahoma Marijuana Trade Group Releases Proposed Regulatory Framework for New Medical Marijuana Law. With parts of the state's new medical marijuana law set to take effect this weekend, an industry group has released its own proposed regulatory framework for implementing the new law. New Health Solutions Oklahoma says its intent is to provide a resource for a legislative panel reviewing restrictive recommendations made by the state Board of Health. That panel was set to meet Wednesday.

Psychedelics

Denver Magic Mushroom Initiative Won't Be on 2018 Ballot. A proposed initiative to decriminalize magic mushrooms will not be on the ballot this year. Advocates were thwarted by the Denver elections division, which has yet to approve ballot language. That means the group has almost no time to gather signatures before the city's mid-August deadline for the November election. They will now aim for the city's May 2019 ballot.

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Chronicle AM: Sessions Concedes State Can Make Own MJ Laws, Mexico Opium, More... (7/27/18)

The US attorney general admits states can make their own pot laws, a new report finds racial disparities in marijuana enforcement in the New York suburbs, a Mexican governor calls for legal opium production, and more.

Marijuana Policy

Attorney General Sessions Acknowledges States Can Set Own Marijuana Laws. Attorney General Jeff Sessions, while staunchly sticking up for federal marijuana prohibition, acknowledged Thursday that states can set their own pot laws. Responding to a reporter's question in Boston, he said the Justice Department will continue enforcing federal marijuana laws, but added: "Personally, my view is that the American republic will not be better if there are marijuana sales on every street corner, but states have a right to set their own laws and will do so, and we will follow the federal law," he said.

Report Finds Racial Disparities in Suburban NYC Pot Arrests. A report from the WESPAC Foundation, Westchester Coalition for Police Reform, and the Drug Policy Alliance released Thursday finds that marijuana prohibition in suburban Westchester County has largely targeted people of color and that the harms of prohibition have been visited almost entirely on them. While black people account for only 14% of the county's population, they made up more than half (52%) off all pot possession busts. Latinos were similarly arrested for pot possession at disproportionate rates. The report also noted the targeting of youth. Some 58% of people arrested for pot possession were 25 or younger.

International

UN Chief Warns Colombia It Must Consolidate Peace. In a report to the UN Security Council released Wednesday, UN Secretary-General Antonio Guterres warned that the Colombian government must address major challenges and consolidate peace. He said there is no greater challenge than bringing development, security, and the rule of law to "vast expanses of the country that continue to be prey to violence" and that the challenges to peace included continued violence in conflict zones. "The proliferation of illegal groups and the growth of the coca economy, as well as frustration and fears among former combatants and among communities who feel bypassed by the peace process, leave no doubt as to the magnitude of the challenges that await the new government, Colombian institutions and civil society alike," he said.

Governor of Mexico's Guerrero Wants Opium Production Legalized. Hector Astudillo, governor of the south-central state of Guerrero, Mexico's leading opium production region, said he supports the incoming government's plan to explore regulating opium production for pharmaceutical use. "It's time," Astudillo told Mexican radio. "I'm delighted that a different way of dealing with the poppy is finally going to be explored." Astudillo himself had floated the same idea back in 2016. "To curb the violence, we must look for another approach to poppy cultivation, not only in Guerrero but in the golden triangle," he said, referring to the region in the northern Mexican states of Chihuahua, Sinaloa, and Durango where large quantities of marijuana and poppies are grown. "Because it's such an important ingredient for medicine, the poppy could be used for medical purposes, as is being done in other countries," Astudillo added.

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Chronicle AM: Feds Cracking Down on Fentanyl OD Deaths, OK Revises MedMJ Rules, More... (7/30/18)

A bill to protect marijuana-using federal workers in states where it is legal is filed, federal prosecutors are going hard after dealers linked to fatal fentanyl overdoses, the Republic of Georgia ends administrative punishments for marijuana use, and more.

Marijuana Policy

New Federal Bill Would Block Federal Government from Firing Workers for Positive Pot Test Results in States Where It Is Legal. US Reps. Charlie Crist (D-FL) and Drew Ferguson (R-GA) filed the "Fairness in Drug Testing Under State Law Act" last Thursday. The bill would protect federal workers from being fired for testing positive for marijuana if they reside "in a state where that individual's private use of marijuana is not prohibited." The bill is not yet available on the congressional website.

Oklahoma Legalization Initiative Campaign in Final Days of Signature-Gathering. Green the Vote announced Sunday that it now has more than 132,000 raw signatures aimed at earning a place on the ballot for its legalization initiative, State Question 797. The group needs about 124,000 valid voter signatures and has until August 8 to hand in more signatures. The rule of thumb is that 20% to 30% of raw signatures may be found invalid, meaning Green the Vote can't really rest easy until it has around 180,000 raw signatures. Even if the group comes up with enough valid signatures, it would still face timeline to being approved for the November ballot because it is bumping up against deadlines for getting the measure approved by the governor and the state supreme court.

Medical Marijuana

Oklahoma Health Officials Revise Proposed Medical Marijuana Rules. The Department of Health last Friday released new proposed medical marijuana rules that remove some of the most criticized provisions of its first swing at the issue. The rules no longer ban the sale of smokable marijuana or require female patients to get a pregnancy test (!). The department also ditched a rule that limited the amount of THC in marijuana products.

Asset Forfeiture

Coalition of Public Policy Groups Calls on House to Limit Civil Asset Forfeiture. A broad coalition of public policy organizations last Thursday submitted a letter to the US House of Representatives, urging members of Congress to limit civil asset forfeiture through amendments to the Commerce, Justice, Science, and Related Industries (CJS) appropriations bill. "Current law allows law enforcement to confiscate property from innocent Americans without charging anyone with a crime," the letter says. "When citizens object, they encounter a system that is stacked against them procedurally and that treats them as presumptively guilty. This unpopular practice, known as civil forfeiture, is an affront to property rights and civil liberties and must be banned or reformed as soon as possible, but the immediate priority should be to amend the CJS appropriations bill when it is considered in the House of Representatives in order to roll back the Department of Justice's unjustified expansion of this practice. Click on the link to a see a list of the signatory groups.

Heroin and Prescription Opioids

The Feds Are Prosecuting Fentanyl Overdose Deaths as Homicides in Crackdown on Opioid Dealers. Federal prosecutors are increasingly treating fentanyl overdose deaths as homicides as they crack down by punishing opioid dealers with ever more severe prison sentences. They are using charges that carry lengthy mandatory minimum sentences. In one case, a dealer charged with distributing fentanyl that resulted in the overdose of a New Hampshire man got a 20-year mandatory minimum sentence. Federal fentanyl prosecutions have nearly tripled, with 51 cases in FY 2016 to 181 in FY 2017. Last year, 95 people nationwide received federal prison sentences for distributing drugs resulting in death or serious injury, nearly double the number in 2014, according to the US Sentencing Commission.

International

Georgia Constitutional Court Outlaws All Punishment for Marijuana Consumption. The Constitutional Court ruled Monday that people can no longer be hit with administrative punishments, such as fines, for using marijuana. The decision goes into effect immediately and comes eight months after the same court abolished criminal penalties for marijuana use. Using marijuana is "an action protected by the right to a person's free development," the court held. Cultivation and distribution of marijuana remain criminal offenses.

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Chronicle AM: PA Pot Bill Coming, Philippines Police Vow "Surgical, Chilling" Drug War, More... (7/31/18)

A Pennsylvania lawmaker will file a marijuana legalization bill, Canada moves toward roadside saliva drug testing, the Philippines police vow more drug war, and more.

Marijuana Policy

Pennsylvania Lawmaker to File Legalization Bill. Citing a recent report from state Auditor General Eugene DePasquale that legalizing marijuana could create more than half a billion annually in tax revenues for the state, Rep. Jake Wheatley (D-Allegheny) says he will introduce a bill to legalize marijuana. "States from coast to coast have embraced legalization and those states are reaping the economic and criminal justice benefits," Wheatley said in a statement. "It is time Pennsylvania joins with those states in leaving behind the ugly stigma of marijuana."

Dark Web

Imprisoned Silk Road Founder Sees Some Charges Dismissed. Federal prosecutors in Maryland have dismissed an indictment against imprisoned Silk Road founder Ross Ulbricht. The indictment contained the only charge that Ulbricht ever engaged in a murder-for-hire scheme. Despite the fact that those charges were never proven, or even tried, they were cited by his sentencing judge in handing down a draconian double life without parole sentence for online drug dealing. Ulbricht is currently appealing his sentence to the US Supreme Court.

International

Canada Set to Approve First Device for Testing Drivers' Saliva for Weed. The federal Justice Department has approved the first device designed to drug test drivers' saliva for the presence of marijuana. Attorney General Jody Wilson-Raybould has now given a 30-day notice of a ministerial order to approve the Draeger DrugTest 5000, produced by a company based in Germany. The device is already approved in other countries, including the United Kingdom and Germany.

Philippines Police Vow "Surgical and Chilling" Drug War. Philippine police vowed Monday to revamp and ratchet up their fight against crime and drugs just a week after President Rodrigo Duterte promised to keep the bloody campaign going. "Surgical and chilling will be the trademark of the reinvigorated anti-illegal drugs and anti-criminality campaign," police chief Oscar Albayalde told a news conference. Tends of thousands of purported drug dealers and users have been killed in Duterte's crusade, which is now under preliminary investigation by the International Criminal Court.

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Chronicle AM: Yet Another Good News Pot Poll, Colombia's Santos Rips Drug War, More... (8/1/18)

Another national poll has a solid majority for marijuana legalization, Manhattan quits prosecuting most small-time pot cases, Colombia's outgoing president takes a parting shot at drug prohibition, and more.

Marijuana Policy

Yet Another Poll Has a National Majority for Marijuana Legalization. A new poll from Harris Insights and Analytics has support for marijuana legalization at 57% and support for medical marijuana at a whopping 85%. The poll is in line with numerous recent polls showing majorities for marijuana legalization.

Manhattan Prosecutor Quits Prosecuting Small-Time Marijuana Cases. The Manhattan District Attorney's Office's new policy of not prosecuting most small-time marijuana cases went into effect today. People will not be arrested for possessing small amounts or smoking in public, but could still get busted for sales or if there is a public safety threat.

Medical Marijuana

Detroit City Council Votes to Cap Dispensary Numbers. The city council voted Tuesday night to limit the number of dispensaries that can operate in the city to 75. The measure also regulates the commercial cultivation, processing, testing, distribution, and sale of medical marijuana and imposes limitations on the size, location, and operations of medical marijuana businesses.

Oklahoma Health Board Considering New Rules for Medical Marijuana. The state Board of Health is meeting Wednesday to try once again to come up with regulations for the state's voter-approved medical marijuana program. The revised guidelines now eliminate a ban on the sale of smokable marijuana and a requirement that a pharmacist be present in every dispensary. The new rules also drop the requirement that women of child-bearing age take a pregnancy test before using medical marijuana.

International

Colombia's Santos Directs Parting Shot Against War on Drugs. Outgoing Colombian President Juan Manuel Santos has ripped into the global war on drugs in an opinion piece in the Americas Quarterly. "The War on Drugs has taken too many lives: The cure has been worse than the disease. In Colombia, we have paid a very high price for it, perhaps the highest of any nation," Santos warned. "The time has come for the world to take a moment of sober reflection. We must study, seriously and rigorously, the efforts that have been made around the world to regulate the drug trade, in order to learn from our successes, as well as our difficulties and failures," added the Nobel Prize winner.

Ghana Drug Control Board Member Calls for Drug Decriminalization. Michael Addo, deputy executive secretary of the Ghanaian Narcotics Control Board, called Tuesday for drug decriminalization, saying that the country was wasting resources imprisoning drug users and calling for alternative sanctions for them. He also called for the strengthening of drug treatment and rehabilitation efforts.

Italian Health Minister Says Government Will Expand Medical Marijuana Program. Health Minister Giulia Grillo said Tuesday that the government will ramp up its medical marijuana program. She said the government will explore licensing private companies to produce marijuana and that she would "make every effort to make medical cannabis available" in pharmacies alongside other prescription drugs.

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