Drug War Chronicle #973 - May 18, 2017

Medical Marijuana Update

Iowa sees an expansion of its CBD cannabis oil law, a Delaware medical marijuana expansion bill stalls, Florida remains without medical marijuana regulations after the legislature couldn't get its act together, and more.

On Tuesday, the medical marijuana expansion bill stalled for lack of support. A bill that would have expanded the list of qualifying conditions for medical marijuana stalled in the Senate Tuesday as lawmakers complained that a promised amendment to address concerns of the medical profession was never added. But sponsor Sen. Margaret Rose Henry (D-Wilmington) said Senate Bill 24 would be reintroduced at a later date. The bill would have added debilitating anxiety to the list of qualifying conditions and removed a requirement that a psychiatrist sign recommendations for people seeking medical marijuana for PTSD.

Florida

Last Thursday, calls grew for a special session to deal with medical marijuana. House Speaker Richard Corcoran has joined a growing number of people calling for a special legislative session to come up with rules for the state's voter-approved medical marijuana amendment. Senate President Joe Negron has also said the legislature should be responsible for crafting the rules. The session ended earlier last week without the legislature reaching agreement on how to regulate medical marijuana. If the legislature doesn't come back into session to deal with the issue, it will be left up to the state Health Department.

Iowa

Last Friday, the governor signed a CBD cannabis oil expansion bill. Gov. Terry Branstad (R) signed into law House File 524, which expands an existing law that allows people with certain conditions to use CBD cannabis oil, but did not allow for production or sale of the oil. The new law lets the state authorize up to two facilities to grow marijuana and produce cannabis oil to be sold in five state-approved dispensaries. It also expands the list of qualifying illnesses to include 15 chronic conditions.

Michigan

Last Thursday,a bill was filed to allow patients to transport their medicine. Rep. Peter Lucido (D-Macomb County) filed House Bill 4606, which would repeal a 2012 law making it illegal to transport marijuana unless it's in a container in the trunk of a vehicle. It's "ridiculous" that medical marijuana patients can't carry pot like any other prescription medication," Lucido said."It makes no sense to give out medical marijuana cards and force patients to put it in the trunk," he continued. "My God, it's not a gun -- being a lawyer, my law firm has taken on at least a dozen of these cases."

New Jersey

Last Friday, a review panel recommended adding chronic pain as a qualifying condition. The state Medical Marijuana Program Review Panel recommended that the Health Commissioner approve chronic pain related to a number of ailments as a qualifying condition for the use of medical marijuana. There will now be a 60-day comment period and a public hearing before the recommendations is finalized and sent to the commissioner.

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

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This Week's Corrupt Cops Stories

California sheriff's deputies are having a hard time resisting temptation, a guard at Louisiana's Angola prison gets caught with a smorgasbord of drugs, and more. Let's get to it:

In St. Francisville, Louisiana, an Angola state prison guard was arrested last Saturday after a "routine shakedown" turned up drugs in her car while parked at the prison. Guard April Matthews, 23, got caught with 24 ecstasy tablets, 2.6 ounces of marijuana, 9 ounces of synthetic marijuana, 8 Xanax pills, 5 grams of methamphetamine, 16 cell phones, phone chargers, tobacco, rolling papers, and more than $500 in cash. She is charged with introduction of contraband into a penal institution, malfeasance in office, one count of possession of schedule IV narcotics, and two counts of possession of schedule I narcotics.

In York, Pennsylvania, a former Yuba County, California, sheriff's deputy was found guilty last Wednesday of trafficking hundreds of pounds of marijuana to Pennsylvania. Christopher Heath, 38, went down after he and two others were caught with 250 pounds of pot. His co-defendants all pleaded guilty, and now Heath, too, has been found guilty. He was convicted of possession of a firearm in furtherance of drug trafficking, conspiracy to manufacture and distribute 100 kilograms of marijuana and conspiracy to launder drug proceed.

In Bakersfield, California, two former Kern County sheriff's deputies pleaded guilty Monday to stealing seized marijuana from the department's storage unit and selling it. Derrick Penney, 34, and Logan August, 30, admitted conspiring with a former Bakersfield police detective and others to steal the weed and turn it over to a former snitch to sell it. The deputies got $1,200 each for their efforts. August also admitted separately stealing about 25 pounds of pot and letting the same snitch sell it, for which he received $15,000. Both men pleaded guilty to conspiracy to traffic marijuana.

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Chronicle AM: DE Legalization Bill Advances, NH Decrim Bill Passes, More... (5/11/17)

A legalization bill in Vermont awaits the governor's signature, and so does a decrim bill in New Hampshire, Trump names an anti-reform drug commission, Senate Democrats signal their concerns over Trump drug policies, and more.

New England is happening! A Vermont legalization bill is on the governor's desk, so is a New Hampshire decrim bill. (Wikimedia)

Delaware Legalization Bill Wins Committee Vote. The House Revenue and Finance Committee on Wednesday approved House Bill 110, which would allow people 21 and over to possess marijuana and buy it from marijuana shops, which would be limited to 75. There is no provision for people to grow their own. The bill now goes to the House floor.

New Hampshire Legislature Approves Decriminalization Bill. With approval by the Senate on Thursday, a decriminalization bill is now headed to the desk of Gov. Chris Sununu (R). House Bill 640 would make possession of an ounce or less of marijuana a civil infraction. It is currently a misdemeanor.

Pennsylvania Poll for First Time Has Majority for Legalization. For the first time, the Franklin and Marshall College Poll is reporting a majority of Keystone Staters favoring marijuana legalization. The poll had support at 56%, a whopping 16-point increase over the last time Franklin and Marshall asked the question in June 2015. But only 44% of Republicans supported it, and the GOP has huge majorities in the state legislature.

Vermont Legalization Bill Awaits Governor's Action. In a historic move, the legislature has approved Senate Bill 22, which would legalize the possession of up to an ounce of marijuana possession and allow for limited cultivation by people 21 and over, as well las creating a commission to study the best ways to tax and regulate marijuana commerce in the future. Now the question is whether Gov. Phil Scott (R) will sign the bill into law. He has expressed concerns about drugged driving, but also said he thinks legalization is "inevitable." He says he will "review" the bill and did not commit to vetoing it.

Medical Marijuana

Calls Grow for Florida Special Session to Deal With Medical Marijuana. House Speaker Richard Corcoran has joined a growing number of people calling for a special legislative session to come up with rules for the state's voter-approved medical marijuana amendment. Senate President Joe Negron has also said the legislature should be responsible for crafting the rules. The session ended earlier this week without the legislature reaching agreement on how to regulate medical marijuana. If the legislature doesn't come back into session to deal with the issue, it will be left up to the state Health Department.

Drug Policy

Trump Names Members of Commission to Combat Drug Addiction. President Trump has named the members of his new commission to combat drug addiction, and the list of names is heavy with opponents of marijuana legalization. The members are New Jersey Gov. Chris Christie (R), North Carolina Gov. Roy Cooper (D), Massachusetts Gov. Charlie Baker (R), Project SAM co-founder and former US Rep. Patrick Kennedy, and former Deputy Director for Demand Reduction at the Office of National Drug Control Policy Dr. Bertha Madras.

Senate Dems Send Letter Raising Concerns on Trump's Opioids, Marijuana Policy. Six Senate Democrats this week sent a letter to the acting director of the Office of National Drug Control Policy (ONDCP -- the drug czar's office) saying they were concerned with the administration's "open hostility" to legal marijuana states and possible budget cuts they said could aggravate the opioid crisis. "We appreciate any sincere efforts to combat substance use disorders. We are concerned that this administration may revert to a policy that focuses on the criminal justice system over public health efforts," the letter reads. The senators referenced Trump's threat to radically defund ONDCP, as well as the repeal of other Obama-era policies responding to the opioid epidemic. "A meaningful effort to combat substance use disorders must focus on the full implementation of the Comprehensive Addiction and Recovery Act, adequate funding for the Substance Abuse and Mental Health Services Administration, and improving the Affordable Care Act by expanding access to mental health and substance use disorder services and health insurance," the letter says. Repealing the Affordable Care Act (Obamacare) would be "a major step backwards in the prevention and treatment of drug addiction," they wrote. "We are very concerned that this administration will exacerbate the opioid epidemic rather than alleviate it," the letter said. And then, there's pot: "We are also concerned by the administration's open hostility to state policies legalizing or decriminalizing the possession and use of medical or recreational marijuana," the senators wrote. "Particularly given the severity of the ongoing opioid use epidemic, federal resources should be targeted at providing comprehensive substance use disorder programs and cutting off the flow of deadly drugs rather than interfering with state regulatory regimes for marijuana," the letter said.

International

Medical Marijuana Now Available in Chilean Pharmacies. Pharmacies in Santiago will begin selling medical marijuana this week, a first for Latin America. Chile legalized the use of medical marijuana in 2015, but until now, patients could only obtain it by importing it or from a small number of dedicated farms set up by a charity. The Congress is currently debating a bill that would allow people to grow their own.

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Chronicle AM: AG Sessions Orders Tougher Sentencing, NH Gov Will Sign Decrim, More... (5/12/17)

Attorney General Sessions has rolled out plans to return to the harsh war on drugs of old, New Hampshire is set to become the next decriminalization state (even as polls show it's ready for legalization), Denver takes a step toward social pot consumption permits, and more.

Attorney General Sessions has announced a return to the "tough on drugs" policies of the last century. (senate.gov)

New Hampshire Poll Has Strong Support for Legalization.A new poll from the University of New Hampshire Survey Center has some of the strongest support anywhere for marijuana legalization. The poll found 68% supported legalization, with only 27% opposed. What makes the finding even more striking is that more than half (53%) of respondents in the same poll identified drug abuse as the most serious issue facing the state. As the pollster noted, "The public doesn't see marijuana legalization and the opioid crisis as the same issue."

New Hampshire Governor Says He Will Sign Decriminalization Bill. Maybe he's following the polls, but Gov. Chris Sununu (R) has confirmed that he will sign House Bill 460, which decriminalizes the possession of up to three-quarters of an ounce of pot. "I want to thank the Legislature for passing common sense marijuana reform," Sununu said in a statement. "I look forward to signing House Bill 640 into law."

Texas Decriminalization Bill Dies. The clock has run out on House Bill 81, which would have decriminalized the possession of small amounts of marijuana. The House failed to take up the bill before a midnight Thursday deadline, meaning it is now dead for the session.

Denver Releases Draft Rules for Social Marijuana Consumption Permits. The city released draft rules and regulations for businesses seeking to obtain permits to allow onsite marijuana consumption on Thursday. The draft rules do not allow businesses seeking such a permit to hold a liquor license, meaning dreams of being able to smoke and drink at the same place have gone out the window -- at least for now. The rules are still open for review, with a public hearing set for June 13. The rules also envision making customers sign a waiver form saying they won't drive impaired and won't sell pot at the business. Businesses would not be able to sell any marijuana; instead customers would have to BYOB -- up to an ounce.

Philadelphia Mayor Says Legalize It, Let State Liquor Stores Sell It. Mayor Jim Kenney (D) has called for pot to be legalized and sold at state liquor stores. The state has "the perfect system to set up the legal recreational use" of marijuana with its state-controlled liquor stores, Kenny said. Doing so would allow the state "to capture all the income that is going to the underground," he said, adding that revenues could go to public education.

Medical Marijuana

Michigan Bill Would Allow Patients to Transport Their Medicine. Rep. Peter Lucido (D-Macomb County) has filed House Bill 4606, which would repeal a 2012 law making it illegal to transport marijuana unless it's in a container in the trunk of a vehicle. It's "ridiculous" that medical marijuana patients can't carry pot like any other prescription medication," Lucido said."It makes no sense to give out medical marijuana cards and force patients to put it in the trunk," he continued. "My God, it's not a gun -- being a lawyer, my law firm has taken on at least a dozen of these cases."

New Jersey Panel Recommends Adding Chronic Pain as Qualifying Condition. The state Medical Marijuana Program Review Panel on Friday recommended that the Health Commissioner approve chronic pain related to a number of ailments as a qualifying condition for the use of medical marijuana. There will now be a 60-day comment period and a public hearing before the recommendations is finalized and sent to the commissioner.

Drug Policy

Attorney General Sessions Orders Tougher Drug Sentencing, Rolling Back Obama Reforms. In a memo released Thursday, Attorney General Jeff Sessions ordered federal prosecutors to pursue the toughest possible charges against crime suspects, rolling back Obama administration steps to ease penalties for some nonviolent drug offenders. The policy shift signals a return to "enforcing the laws that Congress has passed," Sessions said Friday.

ACLU Criticizes Sessions' Shift Back to Failed Drug Policies. The American Civil Liberties Union (ACLU) responded to Attorney General Sessions' shift in drug policy by calling it "repeating a failed experiment" and a throwback to the 1980s. Udi Ofer, director of the ACLU's Campaign for Smart Justice said it sounds like a return to the dark days of the 1970s and 1980s, which "devastated the lives and rights of millions of Americans."

Eric Holder Criticizes Sessions Shift Back to Failed Drug Policies. Obama-era Attorney General Eric Holder, author of some of the sentencing reforms being rolled back by Sessions, called the move "dumb on crime" and said Sessions is ignoring bipartisan support for sentencing changes. Sessions' policy is "an ideologically motivated, cookie-cutter approach that has only been proven to generate unfairly long sentences," Holder added.

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Chronicle AM: NJ Legalization Bill Filed, Seattle Safe Injection Sites Face NIMBY, More... (5/15/17)

A new Jersey state senator wants to legalize marijuana, and so do Britain's Liberal Democrats; Seattle's proposed safe injection sites face NIMBY opposition, violence flares in Mexico and threatens to erupt in Colombia, and more.

Colombian President Juan Manuel Santos helps eradicating the first of many coca plants. (President’s Office)

Nevada Legislature Approves Bill Outlawing Urine Testing of Suspected Pot-Impaired Drivers. Lawmakers last Thursday gave final approval to Assembly Bill 135, which would bar the use of urine tests for driving under the influence of marijuana because the science shows that urinalysis does not actually measure impairment -- merely the presence of marijuana metabolites. Under the bill, drivers suspected of being under the influence of pot would be subjected to a blood test, which actually measures THC levels (although not impairment). The bill does not change the state's per se DUID level of two nanogram of THC per milliliter, which presumes drivers are impaired at that level.

New Jersey Legalization Bill Rolled Out Today. State Sen. Nicholas Scutari (D-Linden) on Monday introduced a legalization bill, even though he conceded it was unlikely to become law while Gov. Chris Christie (R) is still around. Christie's term ends in January. The bill would allow the possession of up to an ounce, 16 ounces of edibles, and 72 ounces of marijuana-infused beverages, but would not allow personal cultivation. The bill would also create a Division of Marijuana Enforcement to regulate marijuana commerce, with a sales tax of 7%, rising to 25% over five years. The bill is not yet available on the legislative website.

Medical Marijuana

Iowa Governor Signs CBD Cannabis Oil Expansion Bill. Gov. Terry Branstad (R) last Friday signed into law House File 524, which expands an existing law that allows people with certain conditions to use CBD cannabis oil, but did not allow for production or sale of the oil. The new law lets the state authorize up to two facilities to grow marijuana and produce cannabis oil to be sold in five state-approved dispensaries. It also expands the list of qualifying illnesses to include 15 chronic conditions.

Harm Reduction

Seattle Supervised Injection Sites Face NIMBY Opposition. Opponents of proposed supervised injection sites -- one in Seattle and one possibly in suburban King County -- have organized a local initiative campaign to put the proposal to a county-wide vote. Initiative 27 needs some 47,000 valid voter signatures by July 31 to put the proposal to an up or down vote on the November 2017 ballot.

International

Colombian Government Begins Coca Eradication, Narcos Begin Fight-Back. President Juan Manuel Santos took part last Thursday in the kickoff of a campaign to eradicate coca crops and provide substitutes. The government wants to eradicate some 125,000 acres of coca -- more than three times the amount eradicated last year -- but with the FARC now demobilized, drug traffickers and militias are now waging a campaign of threats, intimidation, and violent attacks to protect their business, leaving coca growers caught between the government and the narcos. Nearly three dozen rural community leaders have been assassinated since the November peace deal, and the traffickers seems to be tailing government officials trying to sell the program. In one Putomayo town last week, anonymous pamphlets threatening cooperative leaders appeared the next day.

Mexican Cartel Fight Over Reynosa "Plaza" Leaves More Than Two Dozen Dead. As of late last week, at least 28 people had been killed in fighting among drug traffickers over who would control "la plaza" (the franchise) in the Mexican border town of Reynosa. The dead include cartel members, civilians, and members of the military. The combatants are variously described as either members of the Zetas and Gulf cartels or factions of the Zetas.

British Lib Dems Embrace Marijuana Legalization. The Liberal Democrats have adopted a platform that includes legalizing marijuana and marijuana commerce. The Lib Dems were the third force in British politics behind Labor and the Conservatives, but saw their number of MPs drop dramatically in the most recent elections after joining the Tories as a junior partner in a coalition government. The Lib Dems are now the fourth force in British politics, having been surpassed by the Scottish Nationalists in the last election.

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Chronicle AM: Rand Paul Slams Jeff Sessions, Guatemala Poppy Conflict Grows Violent, More... (5/16/17)

Marijuana legalization efforts look stalled in Connecticut and Rhode Island, Rand Paul joins the chorus of critics of Attorney General Sessions' drug war crackdown, the California Senate approves a bill to end sentencing enhancements for prior drug convictions, and more.

Kentucky libertarian GOP Sen. Rand Paul says return to harsh drug war will disproportionately harm black communities.

Connecticut Dems Put Legalization Language in Budget Bill. Democrats have included marijuana legalization language in their budget recommendations, while conceding they don't have enough votes in their own caucus to pass the measure. The measure needs 76 votes to pass, but not all 79 Democrats are on board. They said they included the language to spur further conversations and to help balance the state budget. Legalization bills have been defeated in two committees this year.

Rhode Island Bill to Create Legalization Study Commission Gets Vote Today. The House Judiciary Committee was set to vote today on a measure that would create a legislative commission to study marijuana legalization. The move is not supported by legalization proponents, who charge it is a delaying tactic. Foes were set to rally at the statehouse at noon today to urge a legalization vote this year.

Drug Policy

Rand Paul Slams Sessions' Return to Hard Core Drug War. Sen. Rand Paul (R-KY) slammed Attorney General Sessions' new sentencing guidelines in a CNN op-ed Monday. Last Friday, Sessions instructed federal prosecutors to charge defendants with the most serious possible offense carrying the longest possible prison sentence. "The attorney general's new guidelines, a reversal of a policy that was working, will accentuate the injustice in our criminal justice system," Paul wrote, adding that the "war on drugs" disproportionately affects young black men. "I want to go the opposite way from the attorney general," Paul said.

Senate Bill to Reauthorize Drug Czar's Office Funding Filed. Sen. Jeanne Shaheen (D-NH) has filed Senate Bill 1123, which would reauthorize funding for the Office of National Drug Control Policy (ONDCP -- the drug czar's office). The move comes after the Trump administration suggested cutting funding for the office by 95%. This bill does not actually fund ONDCP; it merely authorizes funding it. Actual appropriations levels would be set later in the budget process.

Sentencing

California Senate Approves Bill to End Sentence Enhancements for Prior Drug Convictions. The Senaate approved the RISE ACT (Repeal Ineffective Sentencing Enhancements), Senate Bill 180, on a party line vote Monday. The bill would repeal a three-year mandatory enhancement for prior drug convictions that are added to any new conviction. Today, someone convicted for sale or possession for sale of a miniscule amount of drugs, can face 3-5 years plus an additional three years in jail for each prior conviction for similar drug offenses.

International

Guatemala Border Communities Clash Over Cartel-Tied Opium Crops. The Guatemalan government has declared a state of emergency in the Ixchiguán and Tajumulco municipalities of the San Marcos department near the border with Mexico after community members engaged in armed battles between themselves and the Guatemalan military. The villagers are fighting over poppy crops, with one village aligned with the Jalisco New Generation cartel and the other aligned with the Sinaloa cartel. Videos of the conflict show the villagers heavily armed.

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