The spirit of sentencing reform seems to be in the air on Capitol Hill. Now, a broad coalition is calling on Congress to get serious about it.
The Kettle Falls 5 will have to face federal trial, a bill to fold the Washington state medical market into the recreational one has passed the Senate, there's movement toward dispensaries in Hawaii and Michigan, and much more.
An Arizona narc gets caught sleeping with the enemy, a Hawaii prison guard goes away for smuggling contraband to gang members, and an Illinois police dispatcher is in trouble for snatching pain pills. Just another week in the drug war.
Marijuana reform and medical marijuana bills continue to move, a broad coalition urges Congress to enact real sentencing reforms, harm reduction measures are moving in Virginia, and more.
Final marijuana sales figures are in for Colorado, twin legalization bills are filed in Maryland, a second Ohio legalization initiative campaign gets underway, a federal judge orders the Kettle Falls Five to trial, and more.
Colorado gets more time to defend its marijuana law, a possession legalization bill gets filed in Tennessee, a bill to combine medical and recreational markets in Washington passes the Senate over patient objections, the Russian drug czar could be losing his gig, and more.
There's now a marijuana legalization bill in Vermont, an Ohio initiative decides to allow home cultivation, Attorney General holder touts a softening in federal charging and sentencing policies, and more.
A New Jersey coalition for marijuana reform has formed, an Alabama judge sentences a man to life in prison over 2 1/2 pounds of pot, the Hawaii legislature advances a dispensary bill, asset forfeiture reform gets slapped down in Virginia and Wyoming, the opium trade is expanding in western Afghanistan, and more.
(This article was published in collaboration with AlterNet and first appeared here.)
The current Congress is already seeing a flurry of bills aimed at reforming various aspects of the federal criminal justice system, and now, a broad coalition of faith, criminal justice reform, and civil and human rights groups is calling for the passage of legislation that will dramatically reduce the size of the federal prison system.
The groups, which include the United Methodist Church, the NAACP, the ACLU, Human Rights Watch, the Drug Policy Alliance, and dozens of other organizations, last week sent a letter to the chairmen and ranking minority members of the House and Senate Judiciary committees setting out a statement of principles on what meaningful federal-level criminal justice reform should include.
"We urge you to support and advance criminal justice legislative reforms aimed at meaningfully addressing the primary drivers of dangerous overcrowding, unsustainable costs, and unwarranted racial disparities in the federal prison system," the letter said.
The letter called for Congress to:
- restore proportionality to drug sentencing;
- promote and adequately fund recidivism reduction and reentry programming;
- make sentencing reductions retroactive;
- expand BOP's Compassionate Release Program; and
- expand time credits for good behavior.
The federal prison population has expanded nearly ten-fold since the launch of the Reagan-era war on drugs three decades ago. In 1980, there were 22,000 federal prisoners; now, there are 210,000. And the war on drugs is one of the largest drivers of the increase. The number of federal drug prisoners has risen at twice the rate of the overall federal prison population; from fewer than 5,000 in 1980 to just under 100,000 now.
Last year, the federal prison population declined for the first time in 34 years, thanks in part to already enacted sentencing reforms, but the decline is marginal. More substantive reforms will be required to make bigger reductions in the carceral state.
The call comes as the Obama administration and members of both parties have all shown increasing signs of willingness to take on the federal criminal justice behemoth. Attorney General Holder has called repeatedly for a rollback of mandatory minimum sentencing and other harsh sentencing policies, while even House and Senate Republicans, including Sen. Rand Paul (R-KY) and Reps. Jason Chafetz (R-UT) and Raul Labrador (R-ID) are sponsoring reform bills.
That Republican openness to sentencing reforms even extends to grumpy hard-liners like Sen. Charles Grassley (R-IA), the octogenarian chair of the Senate Judiciary Committee.
"I've expressed in the committee, maybe even on the floor, concern about inequitable sentencing," he said earlier this year. "White-collar crime has been treated less harshly than blue-collar crime, and it seems to me there's an opportunity maybe to take care of that inequity."
"It's encouraging to see Republicans and Democrats engaged in seeking constructive solutions to excessive incarceration," said Jeremy Haile, Federal Advocacy Counsel at The Sentencing Project. "To reduce federal prison populations and racial disparities, Congress should take an all-of-the-above approach, addressing excessive sentencing, limitations on programming in federal prisons, and barriers that prevent successful reentry."
"It's clear that there is a path forward for criminal justice reform in the House and Senate, but lawmakers should ensure that any final bill gets at the root causes of mass incarceration," said Michael Collins, Policy Manager at Drug Policy Alliance's Office of National Affairs. "It's important that legislation doesn't just paper over the cracks."
Maybe there is something after all where Democrats and Republicans can work together. We shall see as the year progresses.
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The Kettle Falls 5 will have to face federal trial, a bill to fold the Washington state medical market into the recreational one has passed the Senate, there's movement toward dispensaries in Hawaii and Michigan, and much more. Let's get to it:
CaliforniaOn Tuesday, a bill to end organ transplant denials for medical marijuana patients was referred to the Assembly Health Committee. Assemblymember Marc Levine (D-San Rafael) earlier this month introduced Assembly Bill 258, the Medical Cannabis Organ Transplant Act, a bill aimed at preventing medical marijuana patients from being denied organ transplants. The Medical Cannabis Organ Transplant Act is sponsored by Americans for Safe Access( ASA), which has long advocated for patients seeking organ transplants, including Norman B. Smith, a medical marijuana patient who died in 2012 after being denied a liver transplant at Cedars-Sinai Medical Center in Los Angeles.
Also on Tuesday, the Santa Ana city council approved spending $880,000 to shut down unpermitted dispensaries. The move comes as the city is poised to become the first in Orange County to allow permitted dispensaries. The enforcement costs -- including hiring five new police officers and a sergeant -- will be borne by the legal dispensaries, which are set to open on July 1.
Also on Tuesday, the Long Beach city council voted to create a special task force to offer input on a new medical marijuana ordinance. The ordinance, which would allow 18 dispensaries citywide, has been approved once by the council but needs to go back for a second approval in April. If the task force recommends any changes, they will be taken up then.
Also on Tuesday, the Pismo Beach city council banned medical marijuana delivery services. The city already banned dispensaries, but the council voted unanimously to update the ban and include mobile delivery services because they create "the same adverse impacts" as brick and mortar stores.
Colorado
On Tuesday, the Colorado Cannabis Chamber said it supported tightening restrictions on caregivers. The chamber, which represents recreational marijuana business interests, has come out in support of Senate Bill 14, which would require medical marijuana caregivers to be licensed and registered with the state. The measure would help law enforcement maintain a tighter control on who is growing how much marijuana for whom. The chamber said the "caregivers system is being abused" by people who don't want to abide by the same regulations as the rest of the industry. The bill awaits a hearing in the House Public Health Care and Human Services Committee.
Hawaii
On Tuesday, a bill that would allow for dispensaries won a House committee vote. Fourteen years after the legislature approved medical marijuana, it may finally get around to approving dispensaries. A bill that would do that, House Bill 321, was approved by the House Committee on Health and the Judiciary Tuesday. It now goes before the House Committee on Finance. A similar proposal in the Senate was slated for a decision in a joint committee hearing today.
Iowa
On Monday, Iowans pleaded for the expansion of the state's medical marijuana program. A small number of Iowa patients and family members appeared before state legislators to ask for expansion of the state's medical marijuana program, which they say is effectively useless as is. Each speaker called on legislators to expand the law to allow them to legally produce and obtain the high-CBD cannabis oils that could aid them. A law passed last year allows Iowans to use the cannabis oils, but not to produce or import them.
Michigan
Last Thursday, the legislature began preparing to take up a bill that would explicitly allow dispensaries. Supporters of medical marijuana are readying themselves to push a dispensary bill through the legislature. Rep. Mike Callton (R-Nashville) announced that he would sponsor a new bill to regulate "provisioning centers." The bill is not yet available on the legislative website. Similar measures were expected to pass last year, but stalled at session's end.
New Mexico
Last Thursday, the state proposed revisions in its medical marijuana program. The Health Department's hearing officer charged with making recommendations for changes in the state's medical marijuana program issued her report and she is recommending increasing the allowable concentrations of THC in marijuana products from 60% to 70% and scrapping a rule requiring patients to submit biometric information when applying for registry cards. The department is now "in the process of reviewing" the recommendations. Click on the link for more detail and more recommendations.
North Carolina
Last Wednesday, a medical marijuana bill was filed. A group of legislators has filed a full-blown medical marijuana bill, House Bill 78. The state approved a CBD cannabis oil bill last year.
Oklahoma
Last Wednesday, a CBD cannabis oil bill passed the House.The House approved House Bill 2154, on a 98-2 vote. The bill would authorize an investigation into the use of cannabis oil for children with epilepsy. The bill now heads to the Senate.
Washington
Last Thursday, a federal judge rejected a request from the Kettle Falls 5 to throw out their charges. Five Washington state medical marijuana patients being prosecuted by federal authorities will have to go to trial. A federal judge refused to dismiss the criminal case against them, even though the prosecution appears to violate Justice Department guidelines for medical marijuana prosecutions and even though marijuana is now legal in their state.
Last Friday, a Republican-sponsored bill to combine the recreational and medical markets passed the Senate. The state Senate has passed Senate Bill 5052, sponsored by Sen. Ann Rivers (R-La Center). It would combine medical and recreational in a single market, require medical marijuana users to enter their names on a state registry, reduce the number of plants patients could grow from 15 to six, and allow cultivation co-ops only if they are at least 15 miles from a retail store and everyone is on the registry. The bill was opposed by patient advocates. Sen. Jeanne Kohl-Welles (D-Seattle) had offered a competing bill, Senate Bill 5519, but that has not been voted on, and all of her amendments to the Republican bill were voted down.
[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]
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An Arizona narc gets caught sleeping with the enemy, a Hawaii prison guard goes away for smuggling contraband to gang members, and an Illinois police dispatcher is in trouble for snatching pain pills. Just another week in the drug war. Let's get to it:
In White Hall, Illinois, a White Hall police dispatcher pleaded guilty last Wednesday to stealing prescription opiates from the White Hall Police Department evidence room. Amanda Morrow, 29, had been arrested in June along with another dispatcher and a Roodhouse police officer, who was charged with distributing a controlled substance. She was sentenced to two years' probation and a $1350 fine.In Phoenix, a former Tempe undercover narcotics officer was sentenced last Wednesday to probation after being caught having sex with a man who was the target of an undercover drug investigation and telling him he was being investigated. Jessica Dever-Jakusz was sentenced to 18 months' probation. Dever-Jakusz was working undercover with other Tempe narcotics detectives targeting downtown restaurants and bars. Police said her revelations to the suspect scuttled a five-month investigation.
In Honolulu, a former state prison guard was sentenced last Friday to nearly nine years in federal prison for delivering drugs to gang members inside the prison. Feso Malufau, 55, was found guilty of racketeering and conspiring to obtain and distribute meth into the Halawa Correctional Facility. Prosecutors said Malufau was paid thousands of dollars to smuggle meth, cigarettes, and other contraband to USO gang members.
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Marijuana reform and medical marijuana bills continue to move, a broad coalition urges Congress to enact real sentencing reforms, harm reduction measures are moving in Virginia, and more. Let's get to it:
Naloxone kits can save lives. Legislators increasingly recognize this. (wikimedia.org)
New Mexico Legalization Bill Wins Committee Vote. The Senate Rules Committee today 5-4 to approve a constitutional amendment that would legalize marijuana in the state, marking the first time any legalization measure there has won a legislative vote. The measure is SJR 2. The legislation heads to the Senate Judiciary Committee next.
North Dakota Decriminalization Bill Gets Committee Hearing. The House Judiciary Committee Wednesday held a hearing on House Bill 1394, introduced by Rep. Lois Delmore (D-Grand Forks). The bill would make possession of less than a half ounce a civil infraction; it is currently a Class B misdemeanor punishable by up to 30 days in jail. The committee took no action on the bill.
Medical Marijuana
California Bill to End Organ Transplant Denials for Medical Marijuana Patients Filed. Assembly member Marc Levine (D-San Rafael) has introduced Assembly Bill 258, the Medical Cannabis Organ Transplant Act, a bill aimed at preventing medical marijuana patients from being denied organ transplants. The Medical Cannabis Organ Transplant Act is sponsored by Americans for Safe Access (ASA), which has long advocated for patients seeking organ transplants, including Norman B. Smith, a medical marijuana patient who died in 2012 after being denied a liver transplant at Cedars-Sinai Medical Center in Los Angeles.
Michigan Legislature Prepares to Take Up Dispensaries Legislation. Supporters of medical marijuana are readying themselves to push a dispensary bill through the legislature. Rep. Mike Callton (R-Nashville) announced today that he would sponsor a new bill to regulate "provisioning centers." The bill is not yet available on the legislative web site. Similar measures were expected to pass last year, but stalled at session's end.
North Carolina Medical Marijuana Bill Filed. A group of legislators filed a full-blown medical marijuana bill Wednesday, House Bill 78. The state approved a CBD cannabis oil bill last year.
Oklahoma CBD Cannabis Oil Bill Passes House. The House approved a CBD cannabis oil bill, House Bill 2154, on a 98-2 vote Wednesday. The bill would authorize an investigation into the use of cannabis oil for children with epilepsy. The bill now heads to the Senate.
Asset Forfeiture
House Panel Signals Support for Asset Forfeiture Reforms. Members of the House Judiciary Committee's Subcommittee on Crime, Terrorism, Homeland Security, and Investigations agreed at a hearing Wednesday that asset forfeiture reforms are needed. Lawmakers said they intended to go beyond reforms to the federal Equitable Sharing Program that Attorney General Holder announced last month. "There are systemic problems in the current system of civil forfeiture," said Rep. Bob Goodlatte (R-VA), chairman of the Judiciary Committee. His support will be crucial for bills to move.
Harm Reduction
Idaho Overdose Reversal Drug Bill Filed. The House Health and Welfare Committee Wednesday introduced a bill that would increase access to the opiate overdose reversal drug naloxone. The committee will now consider the bill. If it approves it, it will get a House floor vote. The bill is not yet available on the legislative website.
Virginia Harm Reduction Bills Moving. Three bills that would expand access to the opiate overdose reversal drug naloxone are moving in the General Assembly. HB 1833, which would expand naloxone access to law enforcement agencies, has passed the House Courts of Justice Committee and is awaiting consideration by the full House. HB 1458 and SB 1186, which would give first responders and the general public more access to naloxone, provide civil protection to those who administer the drug, and allow family and friends of opiate users to obtain prescriptions, are also moving. The House has passed HB 1458 and sent it to the Senate. The Senate Education and Health Committee unanimously endorsed SB 1186, which is now before the full Senate.
Sentencing Reform
Broad Coalition Calls for Serious Criminal Justice Reforms in Congress. The current Congress is already seeing a flurry of bills aimed at reforming various aspects of the federal criminal justice system, and now, a broad coalition of faith, criminal justice reform, and civil and human rights groups is calling for the passage of legislation that will dramatically reduce the size of the federal prison system. The groups, which include the United Methodist Church, the NAACP, the ACLU, Human Rights Watch, the Drug Policy Alliance, and dozens of other organizations, this week sent a letter to the chairmen and ranking minority members of the House and Senate Judiciary committees setting out a statement of principles on what meaningful federal-level criminal justice reform should include. Click on the story link for more details.
International
UN Report Says Taliban Increasingly Relies on Criminal Financing. The Taliban is increasingly relying on heroin labs, illegal mining activities, kidnapping rings, and other criminal enterprises to finance its operations, according to a new report for the UN Security Council. The report says there is a new "scale and depth" to the group's integration with criminal networks, and that could make negotiating peace more difficult. "They are increasingly acting more like 'godfathers' than a 'government in waiting,'" a panel of experts who advise the Security Council on sanctions said in the report made public late on Tuesday. The report called for more sanctions.
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Final marijuana sales figures are in for Colorado, twin legalization bills are filed in Maryland, a second Ohio legalization initiative campaign gets underway, a federal judge orders the Kettle Falls Five to trial, and more. Let's get to it:
Marijuana Policy$700 Million in Legal Weed Sales for Colorado Last Year. According to the state Department of Revenue, total legal marijuana sales in 2014 amounted to $699,198,805. That's $385.9 million for medical marijuana and $313.2 million for recreational weed. Since 2014 was the rollout year for legal recreational marijuana sales in the state, look for that figure to increase next year.
Maryland Legalization Bills Introduced. Identical bills to tax, regulate, and legalize marijuana were filed in the state House and Senate last week. Sen. Jamie Raskin (D-Montgomery County) and Del. Curt Anderson (D-Baltimore) filed the bills, which would allow adults 21 and over to possess up to an ounce and grow six plants at their homes and set up a system of regulated marijuana commerce. The Senate version is Senate Bill 531; the House version is House Bill 911.
New Hampshire Decriminalization Bill Gets Hearing Tuesday. There will be a public hearing on House Bill 618 Tuesday, as well as pre-hearing press conference. The press conference is at 1:30pm and the hearing is at 2:30pm. The bill would decriminalize the possession of an ounce or less and make growing six or fewer plants a misdemeanor.
Second Ohio Legalization Initiative Coming. A second Ohio group wants to put legalization on the 2016 ballot. Responsible Ohioans for Cannabis is turning in a ballot petition and 1,000 preliminary signatures today for its proposed constitutional amendment to legalize marijuana. The amendment would legalize marijuana for those 18 and older, allow for marijuana commerce, and allow non-commercial grows of up to 99 plants and possession of up to 99 pounds. Another group, Responsible Ohio, is also in the early stages of its petition drive. The Responsible Ohio measure would set up 10 designated commercial grows and has no provision for home grows.
Medical Marijuana
Federal Judge Rejects "Kettle Falls 5" Request to Throw Out Charges. Five Washington state medical marijuana patients being prosecuted by federal authorities will have to go to trial. A federal judge Thursday refused to dismiss the criminal case against them, even though the prosecution appears to violate Justice Department guidelines for medical marijuana prosecutions and even though marijuana is now legal in their state.
Drug Testing
West Virginia Food Stamps Drug Testing Bill Filed. After a month of deliberations, the state Senate Committee on Health and Human Resources has announced a bill that would create a one-year pilot program in which food stamp applicants in three counties would be subject to screening for drug use and some would be required to take and pass drug tests at their own expense. The measure is House Bill 2021.
Sentencing
California Bill Would Hike Penalties for School Zone Drug Sales. State Sen. Tony Mendoza (D-Artesia) has filed Senate Bill 212, which would add three, four, or five years to sentences for drug sales or manufacturing within 1,000 feet of a school or preschool. The bill would also extend existing school zone law to include private property within the zone.
International
Massive Raid on Liverpool Nightclub. Garlands nightclub, one of the city's oldest and most popular, has been shut down after a massive police raid Thursday night. More than 140 officers stormed the club after a months-long investigation into drug sales at the venue. Police were seeking a court hearing today to shut it down permanently. More than 300 revelers were evicted from the club before police searched it. Police said they found large quantities of drugs on the scene, but only arrested two men.
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Colorado gets more time to defend its marijuana law, a possession legalization bill gets filed in Tennessee, a bill to combine medical and recreational markets in Washington passes the Senate over patient objections, the Russian drug czar could be losing his gig, and more. Let's get to it:
Potency is a selling point for heroin. The Kentucky legislature is working on heroin bills. (NJ State Police)
Colorado Gets Extension to Respond to Nebraska, Oklahoma Lawsuit. The US Supreme Court has given the state an extra month to respond to a lawsuit that claims it is exporting pot problems to its neighbors. A response to the suit had been due today, but the court pushed that back to March 27. The lawsuit seeks to overturn Colorado's legal marijuana law.
Tennessee Possession Legalization Bills Filed. Companion bills that would legalize the possession and casual exchange of up to a half ounce of weed have been introduced in Nashville. The bills would also make possession and distribution of an ounce or more a misdemeanor punishable by only a $100 fine. Rep. Harold Love (D-Nashville) introduced HB 0873, while Sen. Jeff Yarbro (D-Nashville) introduced SB 1211.
Medical Marijuana
New Mexico Medical Marijuana Program Revisions Proposed. The Health Department's hearing officer charged with making recommendations for changes in the state's medical marijuana program issued her report last Thursday. She is recommending increasing the allowable concentrations of THC in marijuana products from 60% to 70% and scrapping a rule requiring patients to submit biometric information when applying for registry cards. The department is now "in the process of reviewing" the recommendations. Click on the link for more detail and more recommendations.
Washington Senate Passes Republican Bill to Combine Recreational and Medical Marijuana. The state Senate has passed Senate Bill 5052, sponsored by Sen. Ann Rivers (R-La Center). It would combine medical and recreational in a single market, require medical marijuana users to enter their names on a state registry, reduce the number of plants patients could grow from 15 to six, and allow cultivation co-ops only if they are at least 15 miles from a retail store and everyone is on the registry. The bill was opposed by patient advocates. Sen. Jeanne Kohl-Welles (D-Seattle) had offered a competing bill, Senate Bill 5519, but that has not been voted on, and all of her amendments to the Republican bill were voted down.
Opiates
Connecticut Governor to Propose Comprehensive Legislation on Prescription Drug, Heroin Use. Gov. Dannel Malloy (D) will later this month propose legislation that would increase utilization of prescription drug monitoring programs, increase education of doctors prescribing opiates, and increase access to overdose reversal drugs, such as naloxone. Click on the link for more detail.
Kentucky House Passes Heroin Bill; Competing Bill Already Passed Senate. The Republican-led Senate has already passed omnibus heroin legislation, and now the Democratic-led House has passed its own vision of how to combat heroin. The Democratic bill, House Bill 213, would increase both treatment and some punishments, but unlike the Republican bill, would allow for needle exchange. Now, the two bills must be reconciled.
Meth
Indiana Bill Would Require a Prescription for Sudafed. A bill that started out as a measure to bar people with meth convictions from purchasing pseudoephedrine products used as precursors in home meth cooking has now morphed into a bill that would require a doctor's prescription for anyone to purchase such products, which are common in cold medications. Senate Bill 536 is the measure.
International
Russian Anti-Drug Agency to Fall Prey to Budget Crisis. The Federal Drug Control Service is likely to be disbanded because of the country's economic crisis, according to official documents. The agency will shut down on March 1, and its functions will be redistributed among the Health and Interior ministries.
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There's now a marijuana lhttp://www.kcrg.com/subject/news/iowans-plead-for-expanded-medical-marijuana-program-20150216egalization bill in Vermont, an Ohio initiative decides to allow home cultivation, Attorney General holder touts a softening in federal charging and sentencing policies, and more. Let's get to it:
It's marijuana lobby day at the Texas capitol in Austin Wednesday. (texasmarijuanapolicy.org)
Responsible Ohio Revises Initiative, Will Allow for Home Grows. "After extensive conversations with experts and concerned citizens across the state and nation, Responsible Ohio has decided to include regulated and limited home growing as a part of our amendment," Responsible Ohio Spokesperson Lydia Bolander said in a press release Monday. "Combined with a lower tax rate for consumers, these changes will make our communities safer by smothering the black market." The group's original proposal had called for only 10 grow sites in the state. At least one other group, Responsible Ohioans for Cannabis, has a competing initiative campaign underway.
Texans to Lobby for Marijuana Reforms in Austin Wednesday. Texans will gather at the state capitol in Austin Wednesday to urge elected officials to support House Bill 507, which reduces the penalties for possession, and for establishment of a comprehensive medical marijuana program in the state. The lobbying effort is being led by Texans for Responsible Marijuana Policy. Click on the title link for event details.
Vermont Legalization Bill Filed. Sen. David Zuckerman has filed Senate Bill 95, which would legalize the possession of up to an ounce by adults, establish a regulatory system for marijuana commerce, and impose a $40 an ounce excise tax on marijuana sold in the state. Whether the bill will go anywhere remains to be seen; key legislative leaders said they did not plan to hold hearings on it this year.
Wyoming Legalization Study Bill Killed. A bill to study the impact of legalization in neighboring states was killed on the House floor late last week. House Bill 187 was defeated on a vote of 39-19. The governor's office has the money to do a study, and that may still happen, but it won't be tied to finishing before the next legislative session, as was the case with this bill.
Medical Marijuana
Iowans Plead for Expansion of Medical Marijuana Program. A small number of Iowa patients and family members appeared before state legislators Monday to ask for expansion of the state's medical marijuana program, which they say is effectively useless as is. Each speaker called on legislators to expand the law to allow them to legally produce and obtain the high-CBD cannabis oils that could aid them. A law passed last year allows Iowans to use the cannabis oils, but not to produce or import them.
Sentencing
Attorney General Holder Touts More Flexible Federal Sentencing. The attorney general today said federal prosecutors are changing the way drug defendants are charged and sentenced, and he cited US Sentencing Commission statistics to back himself up. The new figures show prosecutors pursued mandatory minimum sentences in only 51% of their cases, the lowest rate on record, and down from 64% last year. Federal drug trafficking cases also declined by 6%. Holder said that showed prosecutors are being more selective in which cases they bring.
International
Uruguay's Medical Marijuana Will Be More Expensive Than Recreational Marijuana. As the country moves slowly towards rolling out its legal marijuana program, officials there are saying that medical marijuana will be more expensive than recreational because it will have to be grown separately from recreational, it will be grown by different companies, and it will be grown under stricter -- more expensive -- controls than pot for the recreational market.
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A New Jersey coalition for marijuana reform has formed, an Alabama judge sentences a man to life in prison over 2 1/2 pounds of pot, the Hawaii legislature advances a dispensary bill, asset forfeiture reform gets slapped down in Virginia and Wyoming, the opium trade is expanding in western Afghanistan, and more. Let's get to it:
In Afghan fields, the poppies grow... (unodc.org)
New Jersey Legalization Coalition Forms, Includes Prosecutors. Representatives from a number of groups, including the ACLU, the NAACP, and the New Jersey Municipal Prosecutor's Association held a news conference in Newark today to announce the formation of New Jersey United for Marijuana Reform. The groups are joining forces "in a broad-based campaign to legalize, tax and regulate marijuana, ending thousands of arrests per year in New Jersey."
Medical Marijuana
Colorado Cannabis Chamber Supports Tightened Regulations on Caregivers. The chamber, which represents recreational marijuana business interests, has come out in support of Senate Bill 14, which would require medical marijuana caregivers to be licensed and registered with the state. The measure would help law enforcement maintain a tighter control on who is growing how much marijuana for whom. The chamber said the "caregivers system is being abused" by people who don't want to abide by the same regulations as the rest of the industry. The bill awaits a hearing in the House Public Health Care and Human Services Committee.
Hawaii Dispensary Bill Wins House Committee Vote. Fourteen years after the legislature approved medical marijuana, it may finally get around to approving dispensaries. A bill that would do that, House Bill 321, was approved by the House Committee on Health and the Judiciary Tuesday. It now goes before the House Committee on Finance. A similar proposal in the Senate was slated for a decision in a joint committee hearing today.
Asset Forfeiture
Virginia Civil Asset Forfeiture Reform Bill Killed in Senate Committee Vote. An asset forfeiture reform bill that passed the House of Delegates 92-6 earlier this month and passed the Senate Courts of Justice Committee 11-2 last week has been killed in the Senate Finance Committee. The measure, House Bill 1287, was opposed by law enforcement and prosecutors. Senate Majority Leader Tommy Norment (R-James County) said the bill will now be studied by the State Crime Commission.
Wyoming Governor Vetoes Civil Asset Forfeiture Reform Bill. Gov. Matt Mead (R) Tuesday vetoed a bill that would have made it more difficult for police and prosecutors to seize property from people they believe are involved in drug crimes. The bill, Senate File 14, would have required a criminal conviction before civil asset forfeiture could take place. Mead, a former US attorney, said he didn't believe asset forfeiture had been abused in the state. The measure passed both houses by a veto-proof margin, so stay tuned.
Harm Reduction
Virginia 911 Good Samaritan Bill Awaits Final Senate Vote. A bill that would provide protection from prosecution to people who report drug overdoses has passed the Senate and House of Delegates, but was amended in the House and now requires a final Senate concurrence vote before heading to the desk of Gov. Terry McAuliffe. The measure is Senate Bill 892.
Sentencing
Alabama Man Gets Life in Prison for Marijuana Distribution. A Houston County judge sentenced a 39-year-old man to life in prison Tuesday for trafficking 2 ½ pounds of pot. Richard Bolden was also hit with another eight years for bail-jumping -- to be served consecutively. Bolden had one prior federal drug conviction and was out on bail on a cocaine trafficking charge, but had not been convicted of that. He had also been arrested 37 times, but never actually convicted in any of those arrests. But prosecutors said he was "a habitual and dangerous criminal offender" and the judge agreed.
Law Enforcement
Minnesota Man Jailed on Three Meth Charges Freed After Tests Showed Powder Was Vitamins, Not Amphetamines. Joseph Ray Burrell, 31, spent three months in jail on meth charges after a Mankato police officer mistook his vitamins for meth. Burrell tried to tell the cops what the powder was, but they didn't believe him and jailed him on $250,000 bail. He was set for trial February 4, but test results came back two days before, and police were forced to admit he was telling the truth. The charges were dropped and Burrell was released. No mention of restitution.
International
Opium Booms in Western Afghanistan; Taliban, ISIS, Corrupt Officials Benefit. A weak government in Kabul is unable or unwilling to reign in rampant opium production and trafficking in remote western Farah province bordering Iran. Taliban insurgents control half the region, a former Taliban commander who has pledged allegiance to ISIS is roaming the area with a band of dozens of gunmen, and police and local government officials seem more interested in profiting off the crop than suppressing it. That bodes ill for the Kabul government. Much more at the link.
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