Drug War Chronicle #1047 - December 6, 2018

1. Medical Marijuana Update

Dispensaries come to Iowa, Utah's voter-approved medical marijuana law gets modified in the legislature, and more.

2. Chronicle AM: Supreme Court Hears IN Seizure Case, Filipino Cops Jailed for Drug War Crimes, More... (11/29/18)

The Supreme Court heard oral arguments in an Indiana asset forfeiture case, outgoing marijuana reform roadblock Rep. Pete Sessions (R-TX) has done it again, a North Carolina "decrim" bill gets filed, and more.

3. Chronicle AM: Harborside Loses Pot Tax Case, Hemp in Final Version of Farm Bill, More... (11/30/18)

The US Tax Court has ruled against Harborside being able to deduct standard business expenses, a hemp provision is in the final version of the farm bill, Mexico and the US disagree over Mexican heroin production levels, and more.

4. Chronicle AM: Dark Web Dealers Banning Fentanyl, Luxembourg Moves to Legalize Weed, More... (12/3/18)

China agrees to make fentanyl a controlled substance, Dark Web dealers begin banning fentanyl sales, Luxembourg could become the first European country to legalize marijuana, and more.

5. Chronicle AM: Trump's Chinese Fentanyl Flub, UT MedMJ Law Amended, More... (12/4/18)

There's a bunch of medical marijuana news today, and President Trump misstates a Chinese position on fentanyl.

6. Chronicle AM: Denver to Expunge Pot Convictions, Columnist Calls for Prescription Heroin, More... (12/5/18)

A Washington Post columnist calls for prescription heroin, the federal hemp bill will apparently ban the participation of people with drug felonies, Denver joins the movement to expunge old pot convictions, and more.

1. Medical Marijuana Update

Dispensaries come to Iowa, Utah's voter-approved medical marijuana law gets modified in the legislature, and more. 

Iowa

Iowa Sees First Medical Marijuana Dispensaries. The Hawkeye State's first medical marijuana dispensaries opened over the weekend. Five were authorized under a law passed last year and licenses were awarded earlier this year. The state's law only allows for the use of CBD products.

Minnesota

Minnesota Adds Alzheimer's to List of Qualifying Conditions. The state Department of Health announced Monday that it was adding the degenerative neurological disorder to the medical marijuana program, despite concerns about the effectiveness of treatment with marijuana. "Any policy decisions about cannabis are difficult due to the relative lack of published scientific evidence," said state Health Commissioner Jan Malcolm. "However, there is some evidence for potential benefits of medical cannabis to improve the mood, sleep and behavior of patients suffering from Alzheimer’s disease." Minnesota will become the 13th state to okay medical marijuana for Alzheimer's.

Pennsylvania

Pennsylvania to Consider Adding Qualifying Conditions. The state Medical Marijuana Advisory Board has approved a new process for expanding the state's list of qualifying conditions for medical marijuana and in coming weeks will begin accepting petitions for new qualifying conditions to be added to the list. Patient advocates are expected to petition for conditions such as depression, anxiety, and insomnia, among others.

Utah

Utah's Voter-Approved Medical Marijuana Law Amended. Lawmakers on Monday passed sweeping changes to the state's voter-approved medical marijuana law and Gov. Gary Herbert (R) immediately signed them into effect. The changes ban many marijuana edibles, prevent people from growing their own marijuana if they live far from a dispensary, and narrow the list of eligible medical conditions for which the drug can be obtained. Smoking medical marijuana wasn't allowed under the original ballot measure and still isn't. Opponents of the meddling with measure said the changes will create major obstacles for patients and are planning to sue to block the changes. "It's an almost complete disregard for the will of the people," attorney Rocky Anderson said.

 

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

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2. Chronicle AM: Supreme Court Hears IN Seizure Case, Filipino Cops Jailed for Drug War Crimes, More... (11/29/18)

The Supreme Court heard oral arguments in an Indiana asset forfeiture case, outgoing marijuana reform roadblock Rep. Pete Sessions (R-TX) has done it again, a North Carolina "decrim" bill gets filed, and more.

Three Philippine police are jailed for murder, marking a first in Rodrigo Duterte's bloody drug war. (Creative Commons)
Marijuana Policy

Pete Sessions Blocks Another Federal Pot Bill. Rep. Pete Sessions (R-TX) has consistently used his position as chair of the House Rules Committee to block marijuana reform measures, and he did it again Wednesday. This time he blocked an amendment from Rep. Jared Polis (D-CO) that aimed at providing tax relief for legal marijuana businesses. But Sessions' career as reform roadblock is coming to an end; he was defeated in the November midterms. Incoming Rules Committee Chairman Rep. James McGovern (D-MA) has already promised to allow marijuana amendments to move when he takes over in January.

North Carolina Legislators File Bill to Decriminalize Up to Four Ounces. Four legislators have co-sponsored a bill, S 791, which would essentially decriminalize the possession of up to four ounces of marijuana. Possession would remain a misdemeanor, but with no possible jail sentence, and the bill includes language that would allow people convicted of possessing less than four ounces to petition for expungement, which would be automatic if the amount actually was under four ounces.

Asset Forfeiture

Supreme Court Oral Arguments Suggest Indiana Will Be Slapped Down in Asset Forfeiture Case. The Supreme Court heard oral arguments Wednesday in the case of an Indiana man whose $42,000 Land Rover was seized after he pleaded guilty to small-scale heroin sales, and the justices' questioning strongly suggested they would rule against the state. The legal argument is whether the 8th Amendment's provisions against "excessive fines" applies to civil asset forfeiture at the state level. The case is Timbs v. Indiana.

Harm Reduction

San Diego Judge Orders Preliminary Injunction Closing Orange County Needle Exchange Program. A San Diego judge has issued a temporary injunction to shut down a mobile syringe exchange program run by the Orange County Needle Exchange Program (OCNEP), which is being sued by Orange County. A ruling issued in California Superior Court on Tuesday bars the mobile program from operating until a trial is held sometime in January 2019.

International

Brazilian Lawmakers Approve Medical Marijuana Bill. A bill that would allow the cultivation and use of marijuana for medical reasons was approved by a Senate committee on Wednesday. Patients with doctors' prescriptions would be able to grow, possess, and consume the drug. The Senate Social Affairs Committee advanced the bill, but it now has to be approved by the Commission on Constitution and Justice before going to a Senate floor vote. If it passes the Senate, it must then be approved by the Chamber of Deputies and signed by incoming President Jair Bolsonaro, who opposes legalization and has espoused a harsh approach to drugs.

Philippine Court Sentences Three Cops for Drug War Murder of Teen. The Caloocan City regional trial court on Thursday sentenced three police officers found guilty of murdering a 17-year-old high school student to 40 years in prison. They were the first police to be convicted in President Rodrigo Duterte's bloody war on drugs. "A shoot first, think later attitude can never be countenanced in a civilized society. Never has homicide or murder been a function of law enforcement. The public peace is never predicated on the cost of human life," said the ruling by Judge Roldolfo Azucena.

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3. Chronicle AM: Harborside Loses Pot Tax Case, Hemp in Final Version of Farm Bill, More... (11/30/18)

The US Tax Court has ruled against Harborside being able to deduct standard business expenses, a hemp provision is in the final version of the farm bill, Mexico and the US disagree over Mexican heroin production levels, and more.

Pot shops can't deduct standard business expenses, the US Tax Court ruled in a case Thursday. (Sonya Yruel/DPA)
Marijuana Policy

California Dispensary Loses in US Tax Court. In a decision Thursday, the US Tax Court rejected a bid from Harborside Health Center to be able to declare normal business expenses on its taxes. The court held that Harborside was "engaged in only one trade or business, which was trafficking in a controlled substance" and since Section 280E of the internal revenue code bars criminal enterprises from taking the expense deduction, "Section 280E prevents [Harborside] from deducting ordinary and necessary business expenses."

Michigan Republican Lawmaker Files Bill to Ban Home Growing. Republican Senate Majority Leader Arlan Meekhof (R-West Olive) on Thursday filed a measure, SB 1243, which would ban the home grows included in the marijuana legalization initiative approved by voters earlier this month. Under the initiative, adults can grow up to 12 plants for personal use in their homes, but that's got Meekhof worried: "People don’t get to make alcohol and serve it in unregulated bars to anyone they want to. Homegrown marijuana is basically unregulated," he said. "It should be in some regulated form, so we have consistency and safety. It’s a mind-altering substance like alcohol. It should be somehow controlled." Meekhof seems to have forgotten that Michigan allows the unregulated home production of up to 200 gallons of beer a year.

Industrial Hemp

Hemp Legalization Included in Final Farm Bill. A provision to legalize industrial hemp will be included in the 2018 farm bill, Senate Majority Leader Mitch McConnell (R-KY) and top figures in the House Agriculture Committee confirmed Thursday. Legislators in the House and Senate agricultural committees said they had reached an agreement on principle on the bill and are now finalizing the language.

Law Enforcement

Houston Drug Sting Leaves Two Dead, Seven Arrested. A drug sting operation involving a multi-jurisdictional task force including the DEA, Houston Police, and a SWAT team left two men dead and seven under arrest. Task force agents met with several known drug dealers, one of whom allegedly fired on SWAT officers moving in to make arrests. He was shot and killed by a SWAT officer. A second man fled the scene, but was found by a police dog and brought back to the scene, where he complained of problems breathing and then died despite efforts by tactical medics to revive him. The seven men arrested face federal drug charges.

International

Mexico Disputes US Heroin Production Estimates. The Mexican government and the UN Office on Drugs and Crime said Thursday that opium poppy production in the country last year encompassed some 75,000 acres, far less than the 110,000 acres estimated by the US earlier this month. The Mexicans also said they had eradicated more than 90% of the crop, which would leave only enough for about 900 kilograms of heroin. The US estimated that Mexico produces 111 tons of heroin last year. 

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4. Chronicle AM: Dark Web Dealers Banning Fentanyl, Luxembourg Moves to Legalize Weed, More... (12/3/18)

China agrees to make fentanyl a controlled substance, Dark Web dealers begin banning fentanyl sales, Luxembourg could become the first European country to legalize marijuana, and more.

Fentanyl--too dangerous for the Dark Web? (DEA.gov)
Marijuana Policy

Michigan Bill Would Free Prisoners Doing Time for Marijuana Crimes. Democratic lawmakers have filed a bill, House Bill 6508, that would allow prisoners convicted of certain marijuana offenses to get out of prison. The release would apply to people imprisoned for use, possession, or distribution of marijuana if they meet certain conditions. It would also reduce sentences for other marijuana crimes.

Medical Marijuana

Iowa Sees First Medical Marijuana Dispensaries. The Hawkeye State's first medical marijuana dispensaries opened over the weekend. Five were authorized under a law passed last year and licenses were awarded earlier this year. The state's law only allows for the use of CBD products.

Heroin and Prescription Opioids

Dark Web Drug Dealers Voluntarily Ban Fentanyl Sales. The British National Crime Agency reports that major dark web drug sellers have begun voluntarily banning the sale of fentanyl because it is both too dangerous and too likely to provoke police crackdowns. That would put the powerful opioid in the company of mass casualty firearms and explosives as commodities too dangerous to trade on the dark web.

Foreign Policy

China Agrees to Make Fentanyl a Controlled Substance After Talks With US. The Chinese Foreign Ministry said it had "decided to schedule the entire category of fentanyl-type substances as controlled substances, and start the process of revising relevant laws and regulations" after the meeting between President Trump and Chinese President Xi Jinping in Buenos Aires on Saturday. The two countries have "agreed to take active measures to strengthen cooperation on law enforcement and narcotics control," including the control of fentanyl-type substances, the statement said. The White House called the move "a wonderful humanitarian effort."

International

Luxembourg Moves Toward Legalizing Marijuana. In a joint press conference, the three political parties that constitute the country's governing coalition announced plans to legalize marijuana, including legal marijuana sales. The announcement came after an online petition calling for legalization generated enough support to be discussed in parliament. The petitioners asked for marijuana to be regulated, pointing to Canada as an example. A final agreement on the exact structure of legalization is expected to be finalized this week. 

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5. Chronicle AM: Trump's Chinese Fentanyl Flub, UT MedMJ Law Amended, More... (12/4/18)

There's a bunch of medical marijuana news today, and President Trump misstates a Chinese position on fentanyl.

The president was unclear on just what China promised regarding fentanyl and synthetic opioids. (Gage Skidmore/Creative Commons)
Medical Marijuana

Minnesota Adds Alzheimer's to List of Qualifying Conditions. The state Department of Health announced Monday that it was adding the degenerative neurological disorder to the medical marijuana program, despite concerns about the effectiveness of treatment with marijuana. "Any policy decisions about cannabis are difficult due to the relative lack of published scientific evidence," said state Health Commissioner Jan Malcolm. "However, there is some evidence for potential benefits of medical cannabis to improve the mood, sleep and behavior of patients suffering from Alzheimer’s disease." Minnesota will become the 13th state to okay medical marijuana for Alzheimer's.

Pennsylvania to Consider Adding Qualifying Conditions. The state Medical Marijuana Advisory Board has approved a new process for expanding the state's list of qualifying conditions for medical marijuana and in coming weeks will begin accepting petitions for new qualifying conditions to be added to the list. Patient advocates are expected to petition for conditions such as depression, anxiety, and insomnia, among others.

Utah's Voter-Approved Medical Marijuana Law Amended. Lawmakers on Monday passed sweeping changes to the state's voter-approved medical marijuana law and Gov. Gary Herbert (R) immediately signed them into effect. The changes ban many marijuana edibles, prevent people from growing their own marijuana if they live far from a dispensary, and narrow the list of eligible medical conditions for which the drug can be obtained. Smoking medical marijuana wasn't allowed under the original ballot measure and still isn't. Opponents of the meddling with measure said the changes will create major obstacles for patients and are planning to sue to block the changes. "It's an almost complete disregard for the will of the people," attorney Rocky Anderson said.

Foreign Policy

Trump Misstated Changes in China's Fentanyl Policy. This past weekend, President Trump claimed he had persuaded the Chinese to make fentanyl a controlled substance, but he was mistaken. Fentanyl is already a controlled substance in China. What the Chinese announced was that they would shift the way it regulates synthetic opioids. Now, "China has decided to list all the fentanyl-like substances as controlled substances and start working to adjust related regulations," China's foreign ministry clarified.

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6. Chronicle AM: Denver to Expunge Pot Convictions, Columnist Calls for Prescription Heroin, More... (12/5/18)

 A Washington Post columnist calls for prescription heroin, the federal hemp bill will apparently ban the participation of people with drug felonies, Denver joins the movement to expunge old pot convictions, and more.

Prescription heroin--Washington Post columnist suggests it could save lives in the face of fentanyl. (Creative Commons)
Marijuana Policy

Denver Becomes Latest City to Expunge Low-Level Marijuana Offenses. Mayor Michael Hancock announced Tuesday that his administration will "move to vacate low-level marijuana convictions for Denver residents." The move comes after months of preliminary work by the Office of Marijuana Policy and the City Attorney's Office. "For too long, the lives of low-income residents and those living in our communities of color have been negatively affected by low-level marijuana convictions," Hancock said in a press release. "This is an injustice that needs to be corrected, and we are going to provide a pathway to move on from an era of marijuana prohibition that has impacted the lives of thousands of people."

Industrial Hemp

Federal Bill to Legalize Hemp Bans Drug Felons from Participating. Congressional negotiators have agreed on compromise language for the hemp provision of the farm bill that would ban people with felony drug convictions from participating in the hemp industry. The ban was inserted into the Senate version of the bill late in the process and over the objections of drug policy reformers. It's not quite a done deal—the language could be changed in conference committee—but at this point, it looks like the ban is in.

Heroin and Prescription Opioids

Washington Post Columnist Calls for Prescription Heroin. In a piece published Tuesday, Washington Post columnist Megan McArdle has called for access to prescription heroin in a bid to prevent fentanyl-related overdose deaths. In the column titled An Incredibly Unpopular Idea That Could Stem Heroin Deaths, McArdle notes that "most people don't want addiction made safer or easier; they want it stopped, cold…but you don’t free slaves by killing them, and as long as fentanyl suffuses the illicit drug markets, that’s what a 'tough love' policy amounts to." Harm reduction measures and increased access to treatment would help, McArdle writes, but "lowering the death toll may well require a more drastic step: legalizing prescriptions of stronger opiates. Prescription heroin? Remember, I said you might not like the solution. I don’t like it, either — and frankly, neither do the drug policy researchers who told me it may be necessary. But when fentanyl took over the U.S. illicit drug markets, it also got a lot of addicts as hostages. We’ll never be able to rescue them unless we can first keep them alive long enough to be saved."

Asset Forfeiture

Nashville Bends to Police Pressure, Extends Federal "Equitable Sharing" Program. Under pressure from local law enforcement and seeking to avoid raising taxes, the Nashville Metro Council voted 25-5 to renew its participation in the federal asset forfeiture equitable sharing program, which allows state and local law enforcement agencies to divert drug-related cash seizures to the federal government, which in turn returns 80% of the booty back to the seizing agency. 

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Permission to Reprint: This issue of Drug War Chronicle is licensed under a modified Creative Commons Attribution license. Articles of a purely educational nature in Drug War Chronicle appear courtesy of DRCNet Foundation, unless otherwise noted.

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