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Drug War Chronicle #1072 - June 27, 2019

1. House Votes to Protect Legal Marijuana States from Federal Interference [FEATURE]

For the first time ever, the House has voted to protect all legal state marijuana laws, not just medical marijuana.

2. Medical Marijuana Update

A federal amendment to ease veterans' access to medical marijuana gets bumped, an Idaho medical marijuana initiative campaign gets underway, and more.

3. Chronicle AM: House Moves to Protect State-Legal Marijuana, Canada OKs Pot Expungements, More... (6/21/19)

The House has passed an historic amendment to protect legal marijuana states from federal interference, the polls numbers are looking good in Florida, Canada moves forward on expungement of pot bust records, and more.

4. Chronicle AM: Maine Legal MJ Sales (Finally), House Blocks Forfeiture Loophole, More... (6/24/19)

Soon, Mainers will finally be able to buy and sell legal marijuana, the House passes an amendment to block an asset forfeiture end-run for local law enforcement, and more.

5. Chronicle AM: IL Becomes 11th Legal Marijuana State, Iran Says Sanctions Hinder Drug Fight, More... (6/25/19)

Illinois becomes the 11th legal marijuana state, Hawaii's governor vetoes hemp and asset forfeiture bills, Iran says US sanctions are hurting its war on drugs, and more.

6. Chronicle AM: MD Task Force Studying Legalization, ID MedMJ Init Underway, More... (6/26/19)

Maryland legislators begin studying the path to marijuana legalization, New York legalization advocates look to next year, an Idaho medical marijuana initiative campaign gets underway, and more.

House Votes to Protect Legal Marijuana States from Federal Interference [FEATURE]

In a history-making vote Thursday, the House voted 267-165 to approve a bipartisan measure aimed at protecting state marijuana policies from federal interference.

It was an historic vote in the House. (Wikimedia)
The vote came on an amendment to the Commerce, Justice, Science, and Related Agencies Appropriations bill that prohibits the Justice Department from using funds to prevent states, US territories, and the District of Columbia from implementing laws authorizing the use, distribution, possession, and cultivation of marijuana.

A similar appropriations rider known as the Rohrabacher-Farr amendment has been in effect since 2014, but it only protected state medical marijuana programs, not states that have legalized marijuana for adults.

Sponsored by Reps. Earl Blumenauer (D-OR), Eleanor Holmes Norton (D-DC), and Tom McClintock (R-CA), the measure's fate will now up to House and Senate negotiators as they seek to bridge differences between House and Senate versions of the appropriations bill.

"It's past time we protect all cannabis programs," said Rep. Blumenauer, cofounder of the Congressional Cannabis Caucus and lead sponsor of the amendment. "We have much more work to do. The federal government is out of touch and our cannabis laws are out of date. I'm pleased that the House agrees, and we are able to move forward."

Marijuana reform organizations and industry spokesmen pronounced themselves quite pleased but pushed for more.

"Today's vote is the most significant step Congress has ever taken toward ending federal marijuana prohibition," said Steven Hawkins, executive director of the Marijuana Policy Project. "Congress is recognizing that the federal government must let the states decide on cannabis legalization -- and not the other way around."

"The historic nature of this vote cannot be understated. For the first time, a chamber of Congress has declared that the federal government should defer to state cannabis laws," said Neal Levine, CEO of the Cannabis Trade Federation.

"The bipartisan nature of this vote is a strong signal that there would be majority support in the House for the STATES Act (S. 3032), which could be considered a more permanent version of this amendment. We hope the full House will be given the opportunity to vote on the STATES Act in coming months so that we can move closer to the end of federal cannabis prohibition."

Sponsored by Sens. Elizabeth Warren (D-MA) and Cory Gardner (R-CO), the STATES Act would amend the Controlled Substances Act so that it "shall not apply to any person acting in compliance with State law relating to the manufacture, production, possession, distribution, dispensation, administration, or delivery of marihuana."

Passage of the STATES Act, while still a distant glimmer, would be a good interim measure, but the ultimate goal is the end of federal marijuana prohibition.

"The end of marijuana prohibition has never been closer," said Michael Collins, director of national affairs for the Drug Policy Alliance. "When Drug Policy Alliance and a small band of allies first worked on this amendment in 2015, we were told that we didn't stand a chance. But we convinced members this was the right thing to do, and four years on, victory is sweet. Now is the time for Democrats to pivot to passing legislation that will end prohibition through a racial justice lens, making sure that the communities most impacted by our racist marijuana laws have a stake in the future of legalization. To do anything less would be to repeat an injustice."

The Senate is expected to take up companion legislation in the coming weeks, and then the battle will be to ensure that the House language stays in the final bill, but marijuana is picking up momentum in the Capitol.

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Medical Marijuana Update

A federal amendment to ease veterans' access to medical marijuana gets bumped, an Idaho medical marijuana initiative campaign gets underway, and more.

National

Amendment to Ease Vets' Access to Medical Marijuana Shelved. Rep. Earl Blumenauer (D-OR), sponsor of an amendment to an annual spending bill for Veteran Affairs that would have widened access to medical marijuana for veterans, pulled the amendment in the face of opposition from the VA. On the House floor, Blumenauer explained that the VA "has not been as helpful as it should be" in easing access for vets. "All of a sudden the VA has decided, well, they would be putting their doctors at risk," he said. "I hope that we'll be able to work together to fix this little quirk to make sure that VA doctors can do what doctors everywhere do in states where medical cannabis is legal and be able to work with their patients."

Delaware

Delaware Sees Two Last-Minute Medical Marijuana Bills. With five days left in the legislative session, two last-minute medical marijuana bills await consideration. SB 170 would allow patients with anxiety to treat their conditions with CBD-rich products, while HB 243, would allow certain approved users to grow a limited amount of their own medical marijuana. The assigned committee has not yet issued a report for this bill, keeping it from a full vote in the house.

Idaho

Idaho Medical Marijuana Initiative Campaign Gets Underway. The Idaho Cannabis Coalition announced Tuesday that it delivered signatures to the secretary of state's office to start the process for getting a medical marijuana initiative on the ballot in 2020. The initiative seeks to provide Idahoans with "safe access to whole plant cannabis and other medical cannabis products through a system of secure dispensaries tightly regulated by the state." Patients with demonstrated physical or financial hardship would qualify to grow their own medicine.

New Hampshire

New Hampshire Will Allow Physician Assistants to Recommend Medical Marijuana. Gov. Chris Sununu (R) has signed into law a bill expanding the list of providers who may recommend medical marijuana. A bill that allows medical marijuana users to grow their own plants awaits his signature.

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

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Chronicle AM: House Moves to Protect State-Legal Marijuana, Canada OKs Pot Expungements, More... (6/21/19)

The House has passed an historic amendment to protect legal marijuana states from federal interference, the polls numbers are looking good in Florida, Canada moves forward on expunging marijuana arrest records, and more.

Expedited, free expungement of past marijuana arrests is coming to Canada. (Cannabis Culture)
Marijuana Policy

House Passes Bill to Block Federal Interference with State-Legal Marijuana. In a history-making vote Thursday, the House voted 267-165 to approve a bipartisan measure aimed at protecting state marijuana policies from federal interference. The vote came on an amendment to the Commerce, Justice, Science, and Related Agencies Appropriations bill that prohibits the Justice Department from using funds to prevent states, US territories, and the District of Columbia from implementing laws authorizing the use, distribution, possession, and cultivation of marijuana. A similar appropriations rider known as the Rohrabacher-Farr amendment has been in effect since 2014, but it only protected state medical marijuana programs, not states that have legalized marijuana for adults.

Florida Poll Has Strong Support for Legalization. A new Quinnipiac College poll has support for marijuana legalization in the Sunshine State at an "all-time high" of 65%, with only 30% opposed. The poll comes as the group Regulate Florida prepares a legalization initiative for 2020.

New York Legislature Approves Deeper Decriminalization, Expungement. After the marijuana legalization bill crashed and burned on Wednesday, the legislature hastily approved a bill that eliminate criminal penalties for public possession and use of marijuana. Possession had been decriminalized in 1978, but police would stop people in public, order them to remove the contents of their pockets, then charge them with public possession. Now they won't be able to do that. The bill also allows for the expungement of past possession convictions. The bill now goes to Gov. Andrew Cuomo (D), who says he supports it.

Hemp

Massachusetts Regulators Ban Sales of Some Hemp Products. The state Department of Agricultural Resources has issued a policy statement that bans the sale of some hemp products, including foods infused with CBD and dietary supplements. It also prohibits CBD products that make therapeutic/medicinal claims, animal feed with hemp, and the sale of unprocessed or raw plant material to consumers. The state says it is following guidance from the Food & Drug Administration, which says introducing CBD into food products is unlawful.

Law Enforcement

Illinois Governor Signs Bill to Continue Data Collection on Police Pedestrian and Traffic Stops. Gov. JB Pritzker (D) has signed into law HB 1613, which blocks a current law requiring data collection on vehicular and pedestrian police stops from being sunsetted. Continuance of the practice maintains "an important tool for police officers and the public to identify and combat racial disparities in law enforcement," the bill says.

International

Canada Parliament Passes Bill to Pardon Pot Possession Offenders. Parliament on Wednesday approved a bill, C-93, that would allow people with marijuana possession records to be pardoned at no cost and quickly. The new bill is expected to speed the pardon process by eliminating the potential five- to 10-year wait time and waives an application fee of C$631 ($479). The bill only applies to those who have completed their sentences and have only a single possession conviction on their criminal record.

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Chronicle AM: Maine Legal MJ Sales (Finally), House Blocks Forfeiture Loophole, More... (6/24/19)

Soon, Mainers will finally be able to buy and sell legal marijuana, the House passes an amendment to block an asset forfeiture end-run for local law enforcement, and more.

Soon, Mainers will be able to go to pot shops like this one. (Sonya Yreul/Drug Policy Alliance)
Maine Governor Says Says She Intends to Sign Law to Allow Marijuana Sales. Gov. Janet Mills (D) said last Friday she plans to sign a law setting up a legal framework for marijuana sales in the state. Voters approved legalization in November 2016, but legal sales were long delayed by recalcitrant former Gov. Paul LePage (R).

Medical Marijuana

Amendment to Ease Vets' Access to Medical Marijuana Shelved. Rep. Earl Blumenauer (D-OR), sponsor of an amendment to an annual spending bill for Veteran Affairs that would have widened access to medical marijuana for veterans, pulled the amendment in the face of opposition from the VA. On the House floor, Blumenauer explained that the VA "has not been as helpful as it should be" in easing access for vets. "All of a sudden the VA has decided, well, they would be putting their doctors at risk," he said. "I hope that we'll be able to work together to fix this little quirk to make sure that VA doctors can do what doctors everywhere do in states where medical cannabis is legal and be able to work with their patients."

New Hampshire Will Allow Physician Assistants to Recommend Medical Marijuana. Gov. Chris Sununu (R) has signed into law a bill expanding the list of providers who may recommend medical marijuana. A bill that allows medical marijuana users to grow their own plants awaits his signature.

Asset Forfeiture

House Passes Amendment to Block Federal Asset Forfeiture Loophole. The House last Wednesday unanimously approved an amendment to the annual Justice Department funding bill that blocks the department from funding a practice known as adoptive seizure, in which the federal government agrees to take over seizure cases from state and local law enforcement in a bid to get around state asset forfeiture laws. The bipartisan amendment was sponsored by Reps. Jamie Raskin (D-MD) and Tim Wahlberg (R-MI).

Criminal Justice

Pennsylvania Senate Schedules Major Hearing on Probation and Parole Reform. The Senate Judiciary Committee is holding hearings Monday and Tuesday on the state's probation and parole systems. The committee will hear from more than a dozen stakeholders in the probation and parole debate, including county district attorneys, criminal defense lawyers, and advocacy groups like the American Civil Liberties Union, and the Reform Alliance, which is chaired by Philadelphia rapper and probation and parole reform advocate Meek Mill. Representatives from state Department of Corrections, the Office of the Victim Advocate, and the Sentencing Commission will also offer testimony. "It's incredibly important," committee aide Mike Cortez said. "The hearing will be a sounding board to figure out what we can do, what we can't do, and if there are ways we can move bills forward." A recent report found that the state spends about $100 million a year to incarcerate people who committed technical parole infractions and an additional $200 million on people who commit new crimes while on parole or probation.

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Chronicle AM: IL Becomes 11th Legal Marijuana State, Iran Says Sanctions Hinder Drug Fight, More... (6/25/19)

With the governor's signature, Illinois becomes the 11th legal marijuana state; Hawaii's governor wields the veto pen against hemp and asset forfeiture bills, Iran says US sanctions are hurting its war on drugs, and more.

Illinois the latest legalization state
Marijuana Policy

It's Official: Illinois Legalizes Marijuana. Illinois has just become the 11th state to legalize marijuana. Gov. J.B. Pritzker on Tuesday signed into law a legalization bill passed with bipartisan support in both the House and the Senate late last month. With that signature, Illinois became the first state to get a marijuana legalization bill all the way through the legislative process this year, and it became the first state to create a system of taxed and regulated marijuana commerce through the legislative process rather than a voter initiative. (Vermont’s legislature legalized possession and cultivation but not sales in early 2018.) Once the law goes into effect on January 1, Illinois residents 21 and over will be able to legally possess 30 grams of marijuana, 5 grams of concentrate, or 500 milligrams of THC in a marijuana-infused product. Out-of-staters will only be able to possess up to 15 grams of marijuana.

Oregon Governor Signs Marijuana Expungement Measure into Law. Gov. Kate Brown (D) has signed into law SB 420, to facilitate the expungement of past marijuana convictions. The law sets procedures for people previously convicted of possessing up to an ounce of weed to file motions to have their convictions set aside. This measure expands upon a earlier expungement bill passed in 2015.

Hemp

Hawaii Governor Vetoes Hemp Bill. Gov. David Ige (D) has vetoed SB 1353, which would have established an industrial hemp licensing program required by the US Department of Agriculture for industrial hemp production. Ige said he was concerned the bill would create a licensing structure that could not be enforced.

Asset Forfeiture

Hawaii Governor Vetoes Asset Forfeiture Bill. Gov. David Ige (D) has vetoed HB 748, which would have prohibited civil asset forfeiture. The reason Ige gave for vetoing the bill is that "current laws are effective."

Law Enforcement

Houston Police Turn Over Narcotics Division Files For Probe Of Botched Raid. The Houston Police Department has turned over thousands of files from its narcotics division to the Harris County District Attorney's office. The DA's office said Monday prosecutors will review the files as part of an investigation sparked by a January 28 botched drug raid in which two civilians died and five officers were wounded.

International

Iran Foreign Minister Says US Sanctions Hindering Fight Against Drugs. Iranian Foreign Minister Mohammad Javad Zarif at a conference in Tehran marking the International Day Against Drug Absue and Illicit Trafficking that the US and certain Western countries are hindering the fight against narcotics. Zarif said the reimposition of US sanctions against Iran as well as "economic terrorism" were preventing Iran from implementing international agreements about fighting drugs. "The Islamic Republic of Iran believes that to fight against narcotics it is necessary to avoid politicization and unilateralism, and to pay attention to international cooperation as a necessary means to achieve the goals set forth to build a better future for all human beings and future generations," he said. Iran seized more than 800 tons of Afghan opium last year.

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Chronicle AM: MD Task Force Studying Legalization, ID MedMJ Init Underway, More... (6/26/19)

Maryland legislators begin studying the path to marijuana legalization, New York legalization advocates look to next year, an Idaho medical marijuana initiative campaign gets underway, and more.

Dispensaries like this one could be coming to Idaho if a new initiative campaign is successful. (Creative Commons)
Marijuana Policy

Maryland Legislative Task Force Begins Work on Marijuana Legalization. A General Assembly task force began its work on studying possible marijuana legalization on Tuesday. The body will form subcommittees to study the impact on criminal justice and health, while also considering best approaches to taxation, licensing, and ensuring minority participation. The task force should finish its work by the end of the year, but what members will recommend remains to be seen.

New York Marijuana Advocates Now Aiming to Legalize It Next Year. Marijuana legalization advocates say they plan to spend the next six months lobbying lawmakers to pass a marijuana legalization bill next year. This after Gov. Andrew Cuomo (D) and legislative leaders failed to get it done this year, passing a decriminalization bill as a last-minute sop. Kassandra Frederique of the Drug Policy Alliance pointed the finger at Assembly and Senate leaders, but particularly Gov. Cuomo.

Medical Marijuana

Delaware Sees Two Last-Minute Medical Marijuana Bills. With five days left in the legislative session, two last-minute medical marijuana bills await consideration. SB 170 would allow patients with anxiety to treat their conditions with CBD-rich products, while HB 243, would allow certain approved users to grow a limited amount of their own medical marijuana. The assigned committee has not yet issued a report for this bill, keeping it from a full vote in the house.

Idaho Medical Marijuana Initiative Campaign Gets Underway. The Idaho Cannabis Coalition announced Tuesday that it delivered signatures to the secretary of state's office to start the process for getting a medical marijuana initiative on the ballot in 2020. The initiative seeks to provide Idahoans with "safe access to whole plant cannabis and other medical cannabis products through a system of secure dispensaries tightly regulated by the state." Patients with demonstrated physical or financial hardship would qualify to grow their own medicine.

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