Skip to main content

Drug War Chronicle #969 - April 20, 2017

1. Medical Marijuana Update

Arkansas and North Dakota lurch toward enacting their voter-approved medical marijuana laws, Oklahoma and Wisconsin see CBD cannabis oil bills signed into law, and more.

2. This Week's Corrupt Cops Stories

A Houston cop admits to tweaking, a Pennsylvania jail supervisor gets in trouble after dropping a packet of heroin on the floor, and more.

3. Chronicle AM: NV Syringe Vending Machines, Good and Bad CO MJ Bills, More... (4/17/17)

Nevada will soon see the first syringe vending machines in the country, the Colorado legislature responds to a threatened federal crackdown -- for better and worse -- Wisconsin Gov. Scott Walker is moving forward with plans to drug test Medicaid recipients, and more.

4. Chronicle AM: LatAm Drug Prisoner Numbers Up, UNODC Sends Adviser to Philippines, More... (4/18/17)

They don't even want to think about legalization in Montana, Rhode Island's governor would rather think about it next year, two GOP governors sign CBD cannabis oil bills, Latin American drug incarceration is on the increase, the UNODC sends an advisor to the Philippines, and more.

5. Chronicle AM: DHS Flip Flops on MJ, OR Bill to Protect MJ Users from Feds Passes, More... (4/19/17)

Two top federal security officials say scary things about marijuana policy, at least two states are moving to protect pot people from any federal crackdown, San Francisco becomes the latest city to embrace LEAD, and more.

Medical Marijuana Update

Arkansas and North Dakota lurch toward enacting their voter-approved medical marijuana laws, Oklahoma and Wisconsin see CBD cannabis oil bills signed into law, and more.

Arkansas

Last Tuesday, state regulators finalized the medical marijuana rules. The state Medical Marijuana Commission gave final approval to rules governing dispensaries and cultivation facilities. The rules must still be approved by the legislature, which has passed some legislation that appears to conflict with them. The legislature only has until May 8 to modify the rules or the state will be out of compliance with the Medical Marijuana Act, which is now part of the state constitution.

Iowa

On Tuesday, the Senate approved a bill to down-schedule marijuana. The state Senate voted to approve a bill that would reschedule marijuana under state law from Schedule I to Schedule II and allow the manufacture and distribution of medical marijuana products. The bill now heads to the House.

North Dakota

On Monday, the governor signed a medical marijuana regulation bill Governor Doug Burgum (R) signed into law Senate Bill 2344, which imposes sweeping legislative modifications on the state's new voter-approved medical marijuana law. With the governor's signature on the bill, the state now expects to have its system up and running within 12 to 18 months.

Oklahoma

On Monday, the governor signed a CBD cannabis oil bill into law. Gov. Mary Fallin (R) signed into law House Bill 1559, which exempts CBD cannabis oil products from the state's definition of marijuana if they are approved by the federal Food and Drug Administration. No such medicines have been approved by the FDA. The move is the latest baby step toward actually approving the use of CBD cannabis oil; last year, Fallin signed a bill that allowed clinical trials by researchers to take place.

Wisconsin

On Monday, the governor signed a CBD cannabis oil bill into law. Gov. Scott Walker (R) signed into law Senate Bill 10, which would make it easier to acquire CBD cannabis oil. Two years ago, Walker signed a bill to allow the use of CBD in extremely limited cases, but the limits it contains are so restrictive that families and patients haven't been able to actually use CBD. This bill will ease those limits, allowing patients to possess CBD for any medical condition with an annual physician's approval.

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

back to top

This Week's Corrupt Cops Stories

A Houston cop admits to tweaking, a Pennsylvania jail supervisor gets in trouble after dropping a packet of heroin on the floor, and more. Let's get to it:

In Houston, a Houston police officer was relieved of duty Tuesday after being arrested for possession of methamphetamines earlier this month. Officer James Norman, 34, went down after his "live-in roommate and romantic partner" Abelino Limm got nailed for selling meth to an undercover cop. Police then obtain a warrant for the residence and raided it, with Norman inside. They found glass pipes used to smoke meth, along with more than four grams of the drug, scales, and plastic baggies. Norman admitted to using meth and is currently charged with possession of a controlled substance.

In Blakeslee, Pennsylvania, a Monroe County jail supervisor was arrested last Thursday after she dropped a packet of heroin inside the jail. Sgt. Tnishia Antoine, 35, was late and jogging through the jail lobby when the package dislodged in front of another jail guard, who immediately notified the warden. Antoine admitted to being a heroin user, and a search of her vehicle turned up more heroin, $500 in cash, and drug paraphernalia. Then, a search of the home she shared with her boyfriend turned up more than 50 bags of heroin, "a large sum of cash," and more drug paraphernalia. The couple was selling heroin to support their own habits, prosecutors said. Antoine is charged with heroin possession, while her boyfriend was hit with possession with intent to deliver, and related charges.

In Olathe, Kansas, a former Johnson County prison guard was sentenced Monday to six months in prison for smuggling in drug contraband and having sex with an inmate in the prison's Therapeutic Community, an intensive drug treatment program. Alyssa Jo Stats, 25, had pleaded guilty to trafficking contraband in a correctional facility, obstructing a law enforcement officer and lewd and lascivious behavior.

back to top

Chronicle AM: NV Syringe Vending Machines, Good and Bad CO MJ Bills, More... (4/17/17)

Nevada will soon see the first syringe vending machines in the country, the Colorado legislature responds to a threatened federal crackdown -- for better and worse -- Wisconsin Gov. Scott Walker is moving forward with plans to drug test Medicaid recipients, and more.

Syringe vending machines -- coming first to Nevada. (wikimedia.org)
Marijuana Policy

A Majority of American Adults Have Tried Marijuana, Poll Finds. A new Marist/Yahoo poll finds that 52% of American adults have tried marijuana at least once, and that 56% find the drug "socially acceptable. The same poll has support for legalization at 49%, with 47% opposed.

DC Marijuana Activists to Hand Out Free Joints on Capitol Hill for 4/20. The same folks who brought legal marijuana to the nation's capital are planning to hand out more than a thousand free marijuana joints on Capitol Hill Thursday, 4/20, the unofficial marijuana holiday. Anyone over 21 who has a congressional ID is eligible for the free weed, said DCMJ. The activists said the action was meant to life the "special interest smokescreen" blocking marijuana reform in Congress.

Homeland Security Chief Says Marijuana "Not a Factor" in Drug War. DHS Secretary John Kelly said Sunday that marijuana is "not a factor" in the country's drug war and that "arresting a lot of users" will not solve the country's drug problems. Kelly responded to a question about whether legalizing marijuana in the US would help or hinder his work attempting to interdict drug shipments to the US. "Yeah, marijuana is not a factor in the drug war," Kelly responded, adding later: "It's three things. Methamphetamine. Almost all produced in Mexico. Heroin. Virtually all produced in Mexico. And cocaine that comes up from further south." And rather than arresting users: "The solution is a comprehensive drug demand reduction program in the United States that involves every man and woman of goodwill. And then rehabilitation. And then law enforcement. And then getting at the poppy fields and the coca fields in the south."

Colorado Social Consumption Bill Dies. A bill that would have set up the country's first statewide law allowing for on-premises marijuana consumption at licensed businesses is dead, with legislators citing fear of a federal crackdown for its demise. The House voted last Thursday to amend Senate Bill 17-184 to remove the provision that would have allowed adults to bring their own weed to businesses and consume it on-premises.

Colorado Senate Approves Bill to Shift Legal Marijuana Inventories Over to Medical Marijuana in Event of Federal Crackdown. The state Senate has approved Senate Bill 17-192, which would allow adult-use marijuana businesses to transfer their inventory to medical marijuana status if a federal crackdown on adult-legal weed happens. The bill now goes to the House.

Nevada Legislature Still Faces Heavy Load of Marijuana Bills. The legislative session marked its first key deadline last Friday when all proposed bills had to have passed out of their committee of introduction or be declared dead. And fourteen marijuana-related bills remain alive, including one, Senate Bill 302, that would allow dispensaries to begin selling marijuana to any adult beginning in July. Click the link for the rest of the bills and their status.

Tennessee Governor Signs Bill Killing Decrim in Memphis and Nashville. Gov. Bill Haslam (R) last Friday signed into law House Bill 173, which bars cities in the state from crafting marijuana penalties lesser than state law. The bill was a response to moves by the state's two largest cities, Memphis and Nashville, which had passed municipal decriminalization ordinances.

Medical Marijuana

Arkansas Regulators Finalize Medical Marijuana Rules. The state Medical Marijuana Commission last Tuesday gave final approval to rules governing dispensaries and cultivation facilities. The rules must still be approved by the legislature, which has passed some legislation that appears to conflict with them. The legislature only has until May 8 to modify the rules or the state will be out of compliance with the Medical Marijuana Act, which is now part of the state constitution.

Heroin and Prescription Opioids

Alabama House Approves Tougher Penalties for Heroin, Fentanyl. The House voted last week to approve harsh new penalties for the possession and sale of heroin and fentanyl. In a unanimous vote, the chamber approved a one-year mandatory minimum sentence for simple possession and increased penalties for trafficking, including a mandatory life sentence without parole for trafficking 10 or more kilos of either drugs. The bill is House Bill 203, which is now before the Senate.

Maryland General Assembly Passes Package of Heroin/Opioid Bills. The Assembly last week approved a package of bills aimed at tackling the state's heroin and prescription opioid crisis. One bill would create 24/7 drug treatment centers for addicts, increase reimbursements for drug treatment, and ease access to the opioid overdose reversal drug naloxone. A second bill would create drug awareness programs in schools and allow school nurses to stock and dispense naloxone. A third bill would require doctors to follow best practices when prescribing opioids, while a fourth bill increases prison sentences for people convicted of fentanyl offenses. The bills now await the governor's signature.

Asset Forfeiture

Arizona Governor Signs Civil Asset Forfeiture Reform Bill. Gov. Doug Ducey (R) last week signed into law House Bill 2477, which requires a higher evidentiary standard before police and prosecutors can seize assets from suspects. Instead of a "preponderance" of the evidence, cops must now provide "clear and convincing evidence" that the assets are linked to a crime.

Drug Policy

New York City Council Passes Bill to Coordinate Drug Policy Among City Departments. The city council recently passed legislation to create a coordinated municipal drug strategy. The bill empowers the Mayor to designate a lead agency or office to convene stakeholders including city agencies, outside experts, and communities impacted by drug use to develop a city-wide, health-focused plan for a coordinated approach in addressing issues related to drug use.

West Virginia Legislature Passes Bill Creating Drug Policy Office. A bill that would create an Office of Drug Control Policy within the Department of Health and Human Services has passed both houses of the legislature and awaits the governor's signature. The measure, House Bill 2620, passed last Friday, the final day of the session. Gov. Jim Justice (D) has fifteen days to sign the bill.

Drug Testing

Wisconsin Governor Moving Forward With Plan to Drug Test Medicaid Recipients. Gov. Scott Walker (R) on Monday posted his proposal for moving people off state Badgercare Medicaid, which includes a provision requiring drug screenings for Medicaid recipients. People suspected of illegal drug use after screening would be ineligible for coverage until they are tested. People who test positive would be offered drug treatment, while people who refuse the test would lose benefits for six months.

Harm Reduction

Nevada Becomes First State to Install Needle Vending Machines. In a bid to combat the spread of HIV/AIDS and Hep C, a needle exchange program in Las Vegas is now providing clean needles in vending machines. The Las Vegas Harm Reduction Center worked together with the Southern Nevada Health District and the Nevada AIDS Research and Education Society to install the new machines. Each client will be limited to two kits per week, with the kits including syringes, alcohol wipes, condoms, and a needle disposal box.

International

Canada Unveils Plan for Legal Marijuana Sales by June 2018. The Liberal government of Prime Minister Justin Trudeau last Thursday filed legislation designed to implement marijuana legalization by June of next year. The bill would allow adults 18 and over to possess up to 30 grams of dried marijuana and would allow the federal government to regulate producers, while the provinces would regulate sales to consumers. Other issues, such as pricing, taxation, and packaging are still to be worked out.

back to top

Chronicle AM: LatAm Drug Prisoner Numbers Up, UNODC Sends Adviser to Philippines, More... (4/18/17)

They don't even want to think about legalization in Montana, Rhode Island's governor would rather think about it next year, two GOP governors sign CBD cannabis oil bills, Latin American drug incarceration is on the increase, the UNODC sends an advisor to the Philippines, and more.

Two more states edge toward medical marijuana by passing CBD cannabis oil bills. (marijuanagames.org)
Marijuana Policy

Florida Decriminalization Bill Gets Hearing, Gets Killed. The state Senate Judiciary Committee held a hearing on a marijuana decriminalization bill Monday, then voted to "temporarily postpone" the bill, effectively killing it for the year. The bill, which would have made small-time pot possession a civil infraction, was Senate Bill 1682.

Montana Bill to Study Legalization Dies in House. A bill that would have created an interim legislative committee to study marijuana legalization died Monday in the House. House Joint Resolution 35 failed on a vote of 45-55. Nine Republicans voted to approve the bill, but five Democrats voted against it.

Rhode Island Governor Wants to Study Legalization, Not Pass it This Year. The administration of Gov. Gina Raimundo (D) has sent a letter to the House Judiciary Committee saying it has "concerns" with legalization bills under consideration and would instead support creating a commission to study the issue. "The Governor's primary concerns are safety and proper regulation, and she will give strong consideration to legalization legislation that adequately addresses these concerns, whether a bill reaches her desk this year or in the future," she said, leaving the door just slightly open for this year.

Medical Marijuana

Oklahoma Governor Signs CBD Cannabis Oil Bill. Gov. Mary Fallin (R) on Monday signed into law House Bill 1559, which exempts CBD cannabis oil products from the state's definition of marijuana if they are approved by the federal Food and Drug Administration. No such medicines have been approved by the FDA. The move is the latest baby step toward actually approving the use of CBD cannabis oil; last year, Fallin signed a bill that allowed clinical trials by researchers to take place.

Wisconsin Governor Signs CBD Cannabis Oil Bill. Gov. Scott Walker (R) on Monday signed into law Senate Bill 10, which would make it easier to acquire CBD cannabis oil. Two years ago, Walker signed a bill to allow the use of CBD in extremely limited cases, but the limits it contains are so restrictive that families and patients haven't been able to actually use CBD. This bill will ease those limits, allowing patients to possess CBD for any medical condition with an annual physician's approval.

Sentencing

US Sentencing Commission Hearing Today on Ecstasy, New Psychoactives. The US Sentencing Commission will take up reconsideration of the federal sentencing guidelines for ecstasy (MDMA) and a handful of new psychoactive substances. This is the first step in a two-year review process that could result in sentencing reductions for people caught with those drugs. One factor driving the Sentencing Commission to take up the issue is two major federal court cases where judges ruled that they did not have to follow the current MDMA sentencing guidelines, since they were so out of touch with science and public health.

International

Canada Marijuana Legalization Won't Include Pardons, Amnesty, Liberals Say. The Trudeau government is not considering a blanket pardon for people who have criminal records for marijuana possession as part of its marijuana legalization plan, Public Safety Minister Ralph Goodale said Monday. "That's not an item that's on the agenda at the moment," he said. The government is facing pressure both from people who want to move immediately to some sort of decriminalization and from people who want some sort of pardon scheme, but the Liberals are holding firm. "It is important to note that as the bill moves through the legislative process, existing laws prohibiting possession and use of cannabis remain in place, and they need to be respected," Goodale said. "This must be an orderly transition. It is not a free-for-all."

Study Reveals a Disproportionate Increase in Number of People Jailed for Low-Level Drug Offenses in Latin America. The Research Consortium on Drugs and the Law (CEDD), a network of drug policy experts from 10 countries in the Americas, has published a new report which reveals that despite the debate surrounding drug policy reform, the rate of incarceration for low-level, non-violent drug offenses continues to increase across Latin America. The CEDD Report, Irrational Punishment: Drug Laws and Incarceration in the Americas, includes research on ten countries: Argentina, Bolivia, Brazil, Colombia, Costa Rica, Ecuador, the United States, Mexico, Peru and Uruguay. In all of the Latin American countries studied, with the exception of Bolivia, the population imprisoned for drug offenses increased at a rate of 8 to 33 times faster than that of the general prison population over the last 15 years, with some variation depending on the country. In Brazil, while the prison population increased 55% between 2006 and 2014, the population incarcerated for drug offenses rose by 267%, a rate about five times greater. In Colombia, between 2000 and 2015, the prison population rose by 141%, but the population incarcerated for drug offenses increased by 289%.

UNODC to Send Adviser to Philippines, Promote Alternatives. The UN Office on Drugs and Crime announced Monday that it will soon send a drug policy advisor to the Philippines to work with the government there on alternatives to its bloody-handed crackdown on drug users. The UNODC adviser will press both the Dangerous Drugs Board and the Department of Health to adopt treatment-based approaches to combat substance abuse in the country. Those programs are likely to take the form of community-based models that will more effectively encourage users to minimize their substance dependencies. The advisor is expected to arrive in June and serve for two years.

back to top

Chronicle AM: DHS Flip Flops on MJ, OR Bill to Protect MJ Users from Feds Passes, More... (4/19/17)

Two top federal security officials say scary things about marijuana policy, at least two states are moving to protect pot people from any federal crackdown, San Francisco becomes the latest city to embrace LEAD, and more.

DHS head John Kelly went from marijuana "is not a factor" in drug war to vowing to deport marijuana users in less than 48 hours.
Marijuana Policy

AG Sessions Says Marijuana Plays Role in International Criminal Enterprises. Attorney General Jeff Sessions said Tuesday that marijuana is a significant part of international drug trafficking and that there is "a lot" of violence around "marijuana distribution networks" in this country. "We have quite a bit of marijuana being imported by the cartels from Mexico. This is definitely a cartel-sponsored event," he said. "So it is a financial money-maker for them," he said. "I returned from the border last week and they told me that quite a number of the people they arrest are hauling marijuana across the border."

Homeland Security Chief Says Marijuana Possession is Grounds for Deportation. What a difference a couple of days makes! Over the weekend, Homeland Security Chief John Kelly said that "marijuana is not a factor" in the administration's war on drugs, but by Tuesday, he had changed his tune, denouncing marijuana as a "gateway drug" and warning that DHS would use pot charges to deport people. "ICE will continue to use marijuana possession, distribution and convictions as essential elements as they build their deportation removal apprehension packages for targeted operations against illegal aliens living in the United States," he said.

California Bill to Protect Pot People from Feds Advances. A bill aimed at protecting marijuana users and the state's blossoming pot industry from any federal crackdown was approved by the Assembly Public Safety Committee on a 5-2 vote. The measure, Assembly Bill 1578, would prevent state and local police from helping federal law enforcement crack down on state-legal marijuana activity.

Guam Governor Backs Away from Legalization Proposal, Citing Trump. Governor Eddie Baza Calvo has suspended his push to legalize marijuana on the American territory, citing a change of atmosphere in Washington. "US Attorney General Jeff Sessions' pronouncement that the federal government intends to crack down on jurisdictions where recreational marijuana is legal," a Calvo spokesman pointed out.

Oregon Bill to Protect Pot People from Feds Signed into Law Governor Kate Brown (D) on Monday signed into law Senate Bill 863. The bill would protect Oregon marijuana users from any federal crackdown by prohibiting the state's pot retailers from sharing or keeping information about their customers' purchases or identities.

Atlanta City Council Punts on Marijuana Decriminalization. The city council on Tuesday failed to pass a decriminalization ordinance, instead referring the measure to the Public Safety Committee for further review. The measure would have decriminalized the possession of up to an ounce, with a maximum fine of $75.

Medical Marijuana

Iowa Senate Approves Bill to Down-Schedule Marijuana. The state Senate voted Tuesday to approve a bill that would reschedule marijuana under state law from Schedule I to Schedule II and allow the manufacture and distribution of medical marijuana products. The bill now heads to the House.

North Dakota Governor Signs Medical Marijuana Regulation Bill. Governor Doug Burgum (R) on Monday signed into law Senate Bill 2344, which imposes sweeping legislative modifications on the state's new voter-approved medical marijuana law. With the governor's signature on the bill, the state now expects to have its system up and running within 12 to 18 months.

Law Enforcement

San Francisco Begins Law Enforcement Assisted Diversion (LEAD) Program. As of the beginning of April, the city is now operating a Law Enforcement Assisted Diversion (LEAD) program aimed at reducing the incarceration and criminalization of drug users and those with mental illnesses. LEAD is a pre-booking diversion program that refers low level offenders to treatment and community-based health and social services instead of prosecuting and jailing them. LEAD was pioneered in Seattle and is now in operation in a handful of cities across the country.

back to top