Fired VT MedMJ User Loses Unemployment Appeal, US Sanctions Former Haitian President Over Drugs, More... (8/23/24)

Yakima, Washington, has approved a plan to bar drug offenders from certain neighborhoods, a Missouri appeals court upholds expungements for THC -- not just weed -- and more.

Former Haitian President Michael Martelly has been hit with sanctions by the Treasury Department over his ties to the cocaine trade and drug gangs. (Embassy of Haiti)

Marijuana Policy

Missouri Appeals Court Overturns Judge's Decision to Deny Expungement for People Charged with THC -- Not Marijuana -- Possession. Republican state Attorney General Andrew Bailey had argued that the state's marijuana legalization law's expungement provision did not apply to cases where people were charged with possession of THC instead of marijuana possession, and a district court judge agreed. But now, the Western District of Missouri Court of Appeals has overturned that decision.

The appeals court held that even though THC possession was charged separately from marijuana possession under state law, both THC and marijuana are now legal in the state, and THC possession offenses must be expunged like marijuana offenses.

"The Western District Court cited the plain language of Article XIV [the voter-approved constitutional provision legalizing marijuana] in holding that the Missouri Constitution mandates that THC possession cases must be expunged in the same manner as marijuana possession cases," said Columbia attorney Dan Viets, the chair of the national NORML Board of Directors.

Medical Marijuana

Vermont Medical Marijuana User Fired After Drug Test Loses Appeal over Unemployment Benefits. A Vermont medical marijuana patient who lost his job after testing positive for marijuana in a random drug test has had his appeal for unemployment benefits rejected by the state Supreme Court.

Ivo Skoric was fired from his job cleaning and fueling buses at the Marble Falley Regional Transit District in January 2023 for "misconduct" after testing positive on a drug test. The court wrote that his employer said he worked in a "safety sensitive" position and violated federal Department of Transportation and Federal Transit Administration regulations.

An administrative law judge held that because he engaged in conduct barred by his employer's drug and alcohol policy, he did not qualify for unemployment benefits. The state Employment Security Board upheld that ruling, and Skoric, representing himself, appealed to the state Supreme Court, telling the justices he should not have to choose between using medicine the state allows and obtaining state benefits.

But the state Supreme Court said that the Labor Department "properly declined to issue a declaratory ruling" on the matter, noting that "his violation of written workplace policy stood as an independent source of disqualifying misconduct."

Skoric said after the ruling that the high court decision did not address the merits of his case.

"It does not discuss whether an employee who is a medical cannabis patient in Vermont has the right to use cannabis in the off-hours," he said by email.

Drug Policy

Yakima, Washington, City Council Approves "Stay Out of Drug Areas" Ordinance. The city council on Tuesday approved the creation of SODAs, or stay out of drug areas, where municipal judges can ban people with drug charges from visiting as a condition of probation or pre-trial release.

"This is an ordinance that's brought to council as a way to address your request to address the use of drugs in public," said Assistant City Attorney Cynthia Martinez.

Martinez added that judges already have the power to prevent individuals from going to certain locations, and that the ordinance just formalizes that and demonstrates city support for such orders.

Yakima Police said SODA orders would reduce open-air drug use: "It's more teeth for us as a police unit to mitigate open-air drug use," said Yakima Police Officer Ryan Wisner.

But not everyone was buying that.

"I have multiple concerns with this proposal," said Gillian Zuckerman, a family doctor and Yakima resident. "This will likely have more significant consequences for minority groups."

Zuckerman pointed out that the areas include resources such as homeless shelters and drug treatment facilities, as well as low-income housing. The areas covered by the SODAs are all majority Latino.

Foreign Policy

US Imposes Sanctions of Former Haitian President over Cocaine Trafficking and Drug Gangs. The Treasury Department announced Tuesday that it has imposed sanctions on former Haitian President Michael Martelly, a former ally who led the country from 2011 to 2016. Treasury said Martelly is accused of involvement in cocaine trafficking and sponsoring multiple violent gangs.

Martelly played a role in "perpetuating the ongoing crisis in Haiti," a Treasury official said. The State Department also chimed in, with a spokesman saying "it is unacceptable for Haitian political and economic elites to plunder Haiti's future."

There is no sign that new criminal charges have been filed against him, but he has been accused of being involved in the drug trade as far back as 2010. He faced US corruption charges, but those charges were dropped after several witnesses said they were afraid to testify against him.