Civil asset forfeiture -- the police seizing cash or property from people without first obtaining a criminal conviction -- rankles Americans' sense of fundamental fairness, and legislators around the country have been picking up on that. According to the Institute for Justice, 37 states have reformed their civil forfeiture laws since 2014, although only four -- Maine, Nebraska, New Mexico, and North Carolina -- have entirely abolished the practice.
Banning civil forfeiture is one thing; getting law enforcement to actually abide by state-level bans is another, primarily because there is a loophole, the federal
Equitable Sharing program which allows prosecutors to hand cases off to the federal government to prosecute. The feds then share as much as 80 percent of the proceeds of the seizure with the local law enforcement entity. (
Joint task force busts also allow state and local police to tap into equitable sharing.)
And the feds are pursuing asset forfeiture aggressively. Then-Attorney General Jeff Sessions issued a July 2017 policy directive directing federal prosecutors to ramp up seizures with or without a criminal conviction and even in states where civil forfeiture is banned. That Trump-era policy remains in effect to this day.
Eight states -- Arizona, California, Colorado, Delaware, Maine, Maryland, Nebraska, New Mexico, and Ohio -- have passed legislation aimed at shutting down equitable sharing schemes.
This year, both the number of states banning civil asset forfeiture and the number of states taking aim at the equitable sharing end-run around state laws could increase, with pushes going on in several states. Here are the states where civil asset forfeiture reform bills are in the works (with a tip of the hat to the 10th Amendment Center):
Colorado
Three House Republicans have filed House Bill 1086, which would bar civil asset forfeiture and instead require a criminal conviction before forfeiture could proceed. It also addresses the "policing for profit" motive for asset seizures by sending half of all proceeds to the general fund of the governmental body with authority over the seizing law enforcement agency, a quarter to a behavioral health fund, and a quarter to a law enforcement grant fund. Currently, seizing agencies can keep up to half the funds, with another 25 percent going to the law enforcement grant fund. The bill also removes the state from the federal equitable sharing program. The bill is currently before the House Judiciary Committee.
Mississippi
Filed by Rep. Dana Criswell (R),House Bill 622 would abolish civil asset forfeiture in the state and instead require a criminal conviction before prosecutors could proceed with asset forfeiture in most cases. The bill would also effectively get Mississippi out of the federal equitable sharing program and it would eliminate the "policing for profit" motive in civil asset forfeiture by requiring that forfeiture funds be deposited in the state's general fund. Under current state law, law enforcement agencies can keep up to 100 percent of seized assets. The bill is currently before the House Judiciary B Committee.
New Hampshire
GOP Reps. Dan McGuire and Rep. Daniel Popovici-Muller have filed House Bill 593, which would require a criminal conviction in most drug cases before asset forfeiture could proceed. (The state has a specific asset forfeiture process for drug offenses, which constitute the vast majority of seizures.) The bill also bars resort to the federal equitable sharing program to circumvent state law, except for a rather sizeable loophole allowing it for seizures by joint drug task forces. The bill is currently before the House Criminal Justice and Public Safety Committee.
New York
Assemblywoman Pamela Hunter (D) and eight Democratic cosponsors have filed Assembly Bill 641, which would end civil asset forfeiture in the state and allow asset forfeiture only if "prosecuting authority secures a conviction of a crime that authorizes the forfeiture of property and the prosecuting authority establishes by clear and convincing evidence the property is an instrumentality of or proceeds derived directly from the crime for which the state secured a conviction." It would also require that forfeiture proceeds go into the general fund; under current law, police can keep up to 60 percent. And it would effectively exit the state from the federal equitable sharing program unless the amount seized was more than $20,000. Most forfeitures fall beneath that line. The bill is now before the Assembly Codes Committee.
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The state legislative season is upon us, and medical marijuana keeps popping up at statehouses, and in Congress.
National
GOP Congressman Files Bill to Protect Gun Rights of Medical Marijuana Patients. The first piece of marijuana reform legislation in the new Congress is a bill that would allow medical marijuana patients to purchase and possess firearms. Sponsored by Rep. Alex Mooney (R-WV), along with Congressional Cannabis Caucus co-chair Rep. Brian Mast (R-FL) and Rep. Thomas Massie (R-KY), the Second Amendment Protection Act seeks to amend federal law around the "sale, purchase, shipment, receipt, or possession of a firearm or ammunition by a user of medical marijuana." Under current law, people who use marijuana can't buy or possess guns because they're considered to be "an unlawful user of or addicted to" a federally controlled substance. Mooney filed a similar bill in 2019, but it did not advance.
North Dakota
North Dakota Senate Approves Bill to Raise Patients' 30-Day THC Limit. The Senate has approved Senate Bill 2068, which increases the amount of THC in products such as tinctures and lotions that patients may purchase in a 30-day period. The limit is currently 4,000 milligrams, and the bill originally would have doubled that to 8,000 milligrams, but bill sponsor Sen. Kristin Roers (R-Fargo) amended it down to 6,000 milligrams after the Senate Judiciary Committee voted 4-3 for a "do not pass" recommendation. The measure now heads to the House.
Ohio
Ohio Bill Would Revamp State's Medical Marijuana Program. State Sens. Steve Huffman (R-Tipp City) and Kirk Schuring (R-Canton) last week filed Senate Bill 9, which would let doctors recommend medical marijuana for any debilitating condition, let growers expand their operations, and expand the number of dispensaries in the state. Similar legislation stalled in the Assembly last year. The bill would also rationalize oversight under the sole purview of the Department of Commerce. Currently, three separate state agencies regulate medical marijuana, which some in the industry say is burdensome.
South Carolina
South Carolina Sees Two Medical Marijuana Bills Pre-Filed. With the legislative just getting underway, lawmakers in Columbia have already pre-filed two separate medical marijuana bills. The Put Patients First Act (House Bill 3226) is cosponsored by Democratic Minority Leader Todd Rutherford and freshman Republican Rep. Jay Kilmartin. It would make marijuana available to registered patients with a doctor's recommendation. The bill would allow caregivers and dispensaries to "cultivate, grow, and dispense marijuana for medical use." The other bill, the South Carolina Compassionate Care Act (House Bill 3486) also has bipartisan sponsors and would "authorize the use of cannabis products by patients with debilitating medical conditions who are under the care of a physician, with exceptions."
South Dakota
South Dakota Bill Would Bar Pregnant or Breast-Feeding Women from Access to Medical Marijuana. Anti-marijuana and anti-abortion zealot Rep. Fred Deutsch (R-Florence) has filed a bill that would block the Health Department from issuing medical marijuana cards to pregnant or breast-feeding women, House Bill 1053. The bill has been referred to the House Health and Human Services Committee. Deutsch served as treasurer for Protecting South Dakota Kids, a ballot measure committee that successfully opposed the 2022 marijuana legalization initiative and he also is a past president of South Dakota Right to Life, an anti-abortion group.
Wisconsin
Wisconsin GOP Lawmakers Move Closer to Legalizing Medical Marijuana. For years, the Republican-controlled legislature has fended off any and all efforts to advance marijuana reforms, but it could be different this year. Senate Majority Leader Devin LeMahieu has said that he thinks a bill to create a medical marijuana program in the state could be passed this legislative session as long as regulations are put forward to ensure it's for those in serious pain. "Our caucus is getting pretty close on medical marijuana," LeMahieu said, marking the first time the Republican Senate leader has expressed support for the notion. Republican Assembly Leader Robin Vos has in recent years expressed support for medical marijuana, while Democratic Gov. Tony Evers has long called for the legalization of both medical and recreational marijuana. Two-thirds of Wisconsinites support legalizing marijuana and a super-majority of 80 percent support medical marijuana.
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A San Diego deputy has some bad habits, a Florida jail guard was peddling pot brownies to prisoners, and more. Let's get to it:
In Tampa,
a Hillsborough County sheriff's detention officer was arrested January 5 for selling marijuana edibles to inmates at the Falkenburg Road Jail. Officer Terry Bradford, Jr., 25, was selling "cannabis-laced edibles" and "other contraband" and was caught with more than a pound of brownies individually packaged for sale. He went down after an inmate snitched him out. He's now been fired, as well as charged with introducing contraband into a detention facility and possession of a controlled substance.
In San Diego, a San Diego County sheriff's deputy was arrested January 7 on a felony warrant for allegedly committing burglaries and possessing drugs. Deputy Cory Richey, a 16-year-veteran of the department, faces 13 counts of burglary and three of drug possession. Authorities said the investigation continues.
In Phoenix, a Maricopa County corrections officer was arrested last Wednesday on suspicion of smuggling fentanyl into the Lower Buckeye Jail. Officer Andres Salazar, 26, was caught with nearly a hundred fentanyl pills in the jail parking lot and is now charged with possession of a narcotic, promoting prison contraband and transport for sale. He is currently on administrative leave.
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A New York bill would end civil asset forfeiture, a Utah bill would decriminalize fentanyl test strips, and more.
Evo Morales may no longer be president of Bolivia, but he still has his eye on the region. (Creative Commons)
GOP Congressman Files Bill to Protect Gun Rights of Medical Marijuana Patients. The first piece of marijuana reform legislation in the new Congress is a bill that would allow medical marijuana patients to purchase and possess firearms. Sponsored by Rep. Alex Mooney (R-WV), along with Congressional Cannabis Caucus co-chair Rep. Brian Mast (R-FL) and Rep. Thomas Massie (R-KY), the Second Amendment Protection Act seeks to amend federal law around the "sale, purchase, shipment, receipt, or possession of a firearm or ammunition by a user of medical marijuana." Under current law, people who use marijuana can't buy or possess guns because they're considered to be "an unlawful user of or addicted to"a federally controlled substance. Mooney filed a similar bill in 2019, but it did not advance.
Psychedelics
New Hampshire Bill to Legalize Possession of Psychedelics Filed. Rep. Kevin Verville (R) has filed House Bill 328, which states that the "possession or use of a hallucinogenic drug by a person 21 years of age or older shall not be an offense."It would also reduce penalties for LSD manufacturing and possession by people under 21. The bill does not name specific drugs, but state statute lists mescaline, peyote, psilocybin, and LSD as examples of hallucinogenic substances. The bill has been referred to the House Criminal Justice and Public Safety Committee.
Asset Forfeiture
New York Bill Would End Civil Asset Forfeiture and Opt State Out of Federal Forfeiture Program. Assemblywoman Pamela Hunter (D) and eight Democratic cosponsors have filed Assembly Bill 641, which would end civil asset forfeiture in the state and replace it with a criminal process. Passage of the bill would also effectively opt the state out of a program that allows police to circumvent more strict state forfeiture laws by passing cases off to the feds. Under the bill seizures could occur only if the "prosecuting authority secures a conviction of a crime that authorizes the forfeiture of property and the prosecuting authority establishes by clear and convincing evidence the property is an instrumentality of or proceeds derived directly from the crime for which the state secured a conviction." The bill would also require that seized funds be deposited in the state's general fund. Under current law, police can keep up to 60 percent of asset forfeiture proceeds, creating an incentive for "policing for profit." The bill is now before the Assembly Codes Committee.
Harm Reduction
Utah Bill to Decriminalize Fentanyl Test Strips Filed. State Sen. Jenifer Plumb (D) has filed Senate Bill 86, which would legalize the use and possession of fentanyl test strips. Under current state law, the test strips are criminalized as drug paraphernalia, but the bill would create an exemption from liability under the state Controlled Substances Act. Test strips are an increasingly popular harm reduction measure in the fight to reduce fentanyl-related drug overdoses. The bill is now in the Senate Rules Committee.
International
Former Bolivian President and Coca Grower Setting Up Regional Organization. Former Bolivian President Evo Morales, forced out of office in the wake of disputed elections in 2019, will set up the headquarters of his plurinationalist, indigenist movement in the region in Buenos Aires, Argentina. The movement will convene next week with coca growers from Colombia, Ecuador, and Peru, as well as Bolivia as Morales commences what he described as a struggle for the "plurinational peoples of Latin America." Continuing strife in Peru after the arrest and jailing of leftist President Castillo in December, as well as continuing strife in Bolivia's Santa Cruz province after the arrest of rightist Gov. Luis Fernando Camacho have placed Bolivian coca growers under unprecedented hardships. Morales rose to power as a Bolivian coca grower leader and still controls six coca grower unions in the Chapare.
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Oregon Republicans want to undo the will of the voters on drug decriminalization, Mexico's former top security official is now on trial in New York for taking bribes from the Sinaloa Cartel, and more.
Former Mexican Public Security Secretary Genaro Garcia Luna is now on trial in NYC on drug corruption charges. (CC)
Another Poll Has Strong Support for Marijuana Legalization, Social Equity. A new poll from Data for Progress has two-thirds (65 percent) support for marijuana legalization -- in line with a number of recent pot polls. Some 75 percent of Democrats were in favor, as were 67 percent of independents, and even 52 percent of Republicans. The poll also asked about two measures of social equity and found support for both. Some 57 percent of respondents said they would support reserving an initial round of business licenses for people negatively impacted by the war on drugs, while 65 percent said they would support directing a large portion of marijuana tax funds for "community-based initiative programs, such as job placement and skill services, substance use treatment programs, and financial literacy courses."
Drug Policy
Oregon Republicans File Bill to Undo Voter-Approved Drug Decriminalization. Led by Rep. Lily Morgan (R), a group of Republican lawmakers have filed House Bill 2973 to "repeal Measure 110's dangerous drug legalization. "Measure 110 was the voter-approved 2020 initiative that decriminalized -- not legalized -- the possession of personal use amounts of drugs and directed that a portion of marijuana tax revenues go to support drug prevention and treatment. The bill is now before the House Committee on Behavioral Health and Health Care.
Law Enforcement
Trial for Mexico's Former Top Security Official on Drug Corruption Charges Now Underway in New York City. Genaro Garcia Luna, who served as then-President Felipe Calderon's security secretary between 2006 and 2012, went on trial in federal court in Brooklyn on Tuesday. He is accused of accepting millions of dollars in bribes from the Sinaloa Cartel in exchange for helping its members move drugs and avoid capture. This was precisely the period when Calderon accelerated his country's war on drug by deploying the military, starting an era of deadly cartel wars that has yet to let up. Garcia Luna moved to the US after leaving office and was arrested here in 2019. The trial is expected to last for around eight weeks and should uncover the inner workings of the cartels' strategies for continuing to be able to operate despite the government's declared war against them.
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The US Virgin Islands legalizes marijuana, a Mississippi fentanyl test strip bill is moving, and more.
Reefer in paradise. The US Virgin Islands have legalized marijuana. (Creative Commons)
US Virgin Islands Governor Signs Marijuana Legalization, Expungement Bills. Gov. Albert Bryan Jr. (D) has signed into law a pair of bills legalizing marijuana and setting up an expungement process for people with marijuana convictions. "From the beginning of the Bryan-Roach Administration, we have worked towards the legalization of the adult use of cannabis, and today, with the hard work of the members of the 34th Legislature and prior Legislatures and the efforts of my team, we are finally here and finally signing into law the Virgin Islands Cannabis Use Act," the governor said.
Separately, the governor also proclaimed that "all criminal convictions for the simple possession of marijuana" are fully and completely pardoned. The legalization bill allows people 21 and over to possess up to two ounces of buds, 14 grams of concentrates, and one ounce of marijuana products such as edibles and ointments. The bill has no provision for home cultivation, except for people who use marijuana for religious purposes. It also creates a regulatory agency for marijuana commerce and sets a minimum 18 percent tax on dispensary sales, and it includes several equity components.
Medical Marijuana
South Dakota Bill to Allow for Wider Use of Medical Marijuana Heads for Senate Floor Vote. A bill that expands the list of qualifying conditions for medical marijuana use to include PTSD, multiple sclerosis, and glaucoma, Senate Bill 1was approved by the Senate Health and Human Services Committee Wednesday and now heads for a Senate floor vote. The bill came out of the "Medical Marijuana Oversight Committee,"which met in the interim after the 2022 legislative session. That committee is made up of state lawmakers and officials, law enforcement officers, medical professionals, and industry experts from across the state. The bill passed the committee on a 6-1 vote.
Asset Forfeiture
Mississippi Bill Would End Civil Asset Forfeiture and Opt State Out of Federal Program in Most Cases. Rep. Dana Criswell (R) has filed House Bill 622, which would end civil asset forfeiture and effectively opt the state out of a program that allows police to do an end run around state forfeiture laws by handing cases off to the federal government (and getting a big cut of the proceeds). The bill has been referred to the House Judiciary B Committee.
New Hampshire Bill Would Reform Civil Asset Forfeiture Process and Take Steps to Opt Out of Federal Program. Reps. Dan McGuire (R) and Daniel Popovici-Muller (R) have filed House Bill 593, which would require a prior criminal conviction before asset forfeiture could occur in most cases. The state has a special asset forfeiture process for drug offenses, and this bill would require prosecutors to obtain a criminal conviction in most cases before proceeding with asset forfeiture. It would also take steps to opt the state out of a program that allows police to do an end run around state forfeiture laws by handing cases off to the federal government (and getting a big cut of the proceeds). The bill is now before the House Criminal Justice and Public Safety Committee.
Harm Reduction
Mississippi Fentanyl Test Strip Decriminalization Bill Wins House Committee Vote. The House Drug Policy Committee on Wednesday approved House Bill 7, which would decriminalize fentanyl test strips by removing them from the state's definition of drug paraphernalia. Under current state law, possession of fentanyl testing devices is punishable by up to six months in jail. Committee Chairman Lee Yancey (R) said the measure is not encouraging drug use, but aimed at saving lives. "We're just trying to prevent a mistake from becoming a fatal mistake," Yancey said. The bill must pass the full House by February 9 to stay alive.
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A Montana bill would block child welfare workers from removing children simply because of a parent's drug use, San Francisco is ready to move forward on safe injection sites, and more.
San Francisco Mayor London Breed is now pushing for safe injection sites. (Creative Commons)
South Carolina Sees Second Medical Marijuana Bill Filed. A bipartisan medical marijuana bill, the Compassionate Care Act (HB 3486/SB 423), has been filed in both houses this week. It would allow physicians to recommend marijuana to patients with debilitating medical conditions and have them purchase it from state-licensed and -regulated businesses. This is the second medical marijuana bill filed this year. The first, the No Patient Left Alone Act (HB 3215) is similar, but would allow dispensaries to grow their own product. The Compassionate Care Act got through the House last year only to die in the Senate.
Psychedelics
Virginia GOP Lawmakers Block Bill Legalizing Magic Mushrooms for Medical Use. A bill that would allow the use of magic mushrooms for medical purposes, House Bill 1513, has been killed by a subcommittee vote of the House Committee for the Courts of Justice. The bill would have allowed doctors to prescribe the drug for the treatment of depression, PTSD, or end of life anxiety. A bill that would direct Gov. Glenn Youngkin (R) to create a psilocybin study committee remains alive, however.
Child Welfare
Montana Bill Would Block Child Removals Based Solely on Parental Substance Use. An omnibus child protective reforms bill, House Bill 37, aimed at making the removal of children from parental households more difficult includes a provision that bars child welfare workers from removing a child for neglect or abuse based only on "substance use by a parent or guardian, disorderly living conditions, other factors closely related to economic status, or a child's obesity." The GOP-championed bill came after a year of study in the bipartisan Children, Families, Health and Human Services Interim Committee. It passed the House Judiciary Committee Friday and now heads for a House floor vote.
Harm Reduction
San Francisco Mayor Looking Again at Safe Injection Sites. Mayor London Breed (D) said Wednesday that she is working with Supervisor Hillary Ronen (D) to undo a city law that is an obstacle to nonprofits setting up safe injection sites in the city. Breed and other city officials say they are ready to move forward with privately-funded sites, but to do so, the Board of Supervisors will have to repeal a 2020 ordinance that prohibits safe injection sites. While city politicians had been fearful of a federal reaction to a safe injection site, they have been impressed by New York City's pair of safe injection sites that have operated for more than a year without federal harassment. "The Biden administration and the Newsom administration… are not going to throw San Franciscans in jail or cut off our federal funding because we're saving lives and stopping open-air drug use," Ronen told city staffers.
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A Minnesota marijuana legalization bill continues to move, a New Hampshire bill that would legalize DMT gets a hearing, and more.
This could finally be the year Delaware legalizes weed. (Creative Commons)
Delaware Marijuana Legalization Bills Filed. Last year, Gov. John Carney (D) vetoed a marijuana legalization bill and legislative Democrats lacked the votes to override it, but this year, with renewed Democratic strength in the legislature, the push is on again. Rep. Ed Osienski (D), who has led the effort for years, has now filed a pair of marijuana legalization bills, House Bill 1 and House Bill 2. The former would legalize marijuana, while the latter would regulate the industry. Committee hearings on the bills will be held this week.
Minnesota Marijuana Legalization Bill Wins Second Committee Vote. A bill to legalize marijuana, House File 100, continues to move. It passed its second committee vote last Friday, being approved by the House Judiciary Finance and Civil Law Committee on a voice vote, with amendments. It still faces up to a dozen committee votes before it reaches the House floor.
Opiates and Opioids
New Mexico GOP Lawmakers Seek to Increase Fentanyl Penalties. Reps. William Rehm (R), Randall Pettigrew (R) and Stefani Lord (R) have filed House Bill 60, which attempts to address the state's fentanyl problem by increasing penalties for possessing specified amounts of the drug. The bill would increase prison sentences for fentanyl possession by three, five, or seven years, depending on the quantity. If someone possessed more than 25 pills, three years would be added; the seven-year increase would kick in if more than 75 pills were found .The bill is scheduled to be heard first by the House Consumer and Public Affairs Committee, but a date for the hearing hadn't been set.
Psychedelics
New Hampshire Bill Would Legalize DMT. A bill that would legalize dimethyltryptamine (DMT), the psychoactive ingredient in ayahuasca, got a hearing in the House Criminal Justice and Public Safety Committee last week. The measure, House Bill 216, would exempt dimethyltryptamine or DMT from the controlled drug act. It is sponsored by Rep. Matthew Santonastaso (R). Speakers at the hearing cited the drug's religious use as well as its potential to help people dealing with PTSD and help people overcome addictions. The state police testified in opposition to the bill. No vote was taken.
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Hawaii is getting on the fentanyl test strip decriminalization bandwagon, an Arizona bill would set aside taxpayer funds to study the therapeutic potential of psilocybin, and more.
Massachusetts is the latest state to see a bill filed to decriminalize "natural entheogens." (Creative Commons)
Arizona Magic Mushroom Research Bill Filed. A bipartisan bill to fund research into the potential benefits of psilocybin-containing magic mushrooms has been introduced in the House. House Bill 2486 would provide $30 million to study how the mushrooms could help with conditions such as PTSD, depression, and anxiety. The measure would also prioritize using veterans, first responders, and frontline healthcare workers as research subjects.
Massachusetts Bills to Decriminalize Natural Psychedelics Filed. Identical bills to decriminalize the possession of natural psychedelics such as ayahuasca, ibogaine, magic mushrooms, and mescaline (but not peyote) have been filed in the House and Senate. The measure, known as An Act Relative to Plant Medicine, is House Bill 1450 and Senate Bill 949. The state-level bills come after several cities in the state, including Cambridge and Somerville, voted to decriminalize magic mushrooms and other natural psychedelics. Under the bills, "The possession, ingestion, obtaining, growing, giving away without financial gain to natural persons 18 years of age or older, and transportation of no more than two grams of psilocybin, psilocyn, dimethyltryptamine, ibogaine, and mescaline," would be legalized.
Harm Reduction
Hawaii Bill to Legalize Fentanyl Test Strips Filed. The Hawaii Island Fentanyl Task Force and state Sen. Joy San Buenaventura (D) have partnered to file Senate Bill 671, which would legalize fentanyl test strips. The test strips are currently classified as drug paraphernalia, and this bill would redefine drug paraphernalia to exclude them. Similar bills have been filed in the House.
Sentencing
Washington State Bill Would Recriminalize Drug Possession. After the state Supreme Court threw out the state's felony drug possession law in 2021 because it did not require that someone knowingly possessed an illicit drug, the legislature last year passed interim legislation making drug possession a misdemeanor. But that legislation is only valid until July. After that, if the legislature fails to come up with a permanent solution, drug possession will no longer be a crime in the state. So now, Rep Jacqueline Maycumber (R) has filed House Bill 1415, which would permanently make drug possession a misdemeanor. Maycumber says criminalizing drug possession is desirable because being arrested by the police forces people who "need help" by forcing them into drug court, a therapeutic court, or some kind of drug treatment. The bill is currently before the House Community Safety, Justice, and Reentry Committee.
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A pair of Delaware marijuana legalization bills are moving, Ukraine patients and veterans beseech the parliament to act on a pending medical marijuana bill, and more.
Marijuana legalization is on the agend in Delaware and the Czech Republic. (Creative Commons)
Delaware Marijuana Legalization Regulation Bill Advances. One of a pair of bills that aim to legalize marijuana has passed its first committee hurdle. House Bill 2, which deals with taxation and developing rules for the legal marijuana industry, passed the House Revenue and Finance Committee on a 7-2 vote Tuesday. The other bill in the package sponsored by Rep. Ed Osienski (D), House Bill 1, is getting a hearing today. That bill legalizes marijuana. (Update: House Bill 1 was approved by the House Health and Human Development Committee today.) Last year, the legislature passed the basic marijuana legalization bill only to see it vetoed by Gov. John Carney (D), but narrowly defeated the regulation bill. This year, Democrats are in a stronger position and could override a gubernatorial veto.
Asset Forfeiture
Colorado Bill Would End Civil Asset Forfeiture and Further Opt State Out of Federal Program. Three Republican lawmakers have filed a bill to end civil asset forfeiture and replace it with a criminal process requiring a conviction before asset forfeiture could proceed. The measure, House Bill 1086, would also make it more difficult for law enforcement to do an end run around state law by handing cases off to the feds, who then return most of the seized funds back to the originating law enforcement agency. The bill also reduces the percentage of seized funds that law enforcement agencies can get under state forfeiture from 50 percent to 25 percent.
International
Czech Marijuana Legalization Bill to Be Presented in March. A draft marijuana legalization bill should be ready by the end of March, anti-drug coordinator Jindrich Voboril said. The bill will cover rules for cultivation, production of marijuana products, distribution, sale, and export to other countries. Voboril said he wanted the new marijuana regime in place next year. There are currently plans to create a registry of consumers, small producers, or marijuana associations, but talks in working group set up by the prime minister are ongoing.
Ukraine Patients', Human Rights, and Veterans' Groups Call for Legal Medical Marijuana. A bill that would legalize the medical use of marijuana (No. 7457) has been sitting before parliament for the past six months, and now patient, veteran, and human rights groups are appealing to members of Parliament to move on it. Some 89 groups have joined the appeal. "The patients' community has been fighting for six years to ensure that people with serious illnesses can relieve pain with medicines based on medical cannabis. These are patients with epilepsy, cancer, Parkinson's and Alzheimer's diseases, multiple sclerosis and PTSD. Such treatment is a normal practice in more than 50 countries of the world. Today, our patients abroad can receive medicines based on medical cannabis, it is necessary to give them such an opportunity in Ukraine," said Inna Ivanenko, the executive director of the Patients of Ukraine Charitable Foundation.
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