Drug War Chronicle

comprehensive coverage of the War on Drugs since 1997

Chronicle AM: Maine Considers Marijuana Social Clubs With No Smoking, More... (9/26/17)

Maine considers marijuana social clubs where you can't smoke pot, some Maryland criminal justice reforms passed last year will go into effect on Sunday, and more.

You wouldn't be able to do this under Maine's proposed marijuana social club law. (Flickr/CAGrimmett)
Marijuana Policy

Maine Might Okay Marijuana Social Clubs, But Not Allow Smoking. The legislative rewrite of last year's voter-approved legalization initiative contains a provision that allows for the licensing of marijuana social clubs, but there's a big catch: People probably won't be able to smoke pot in them. The bill does not expressly ban smoking, but neither does it have any exemption from the state's no-smoking laws, which prohibit smoking of any kind -- including vaping -- in public places.

Drug Policy

Maryland Drug, Criminal Justice Reforms Go into Effect Next Week. Some provisions of the Justice Reinvestment Act (2016 Senate Bill 1005) will go into effect on Sunday. The measures allow people serving mandatory minimum sentences for drug offense to ask a court for sentence reductions, expands drug treatment, eases parole policy, and makes provisions for criminal record expungment. Another bill going into effect Sunday allows people with marijuana offenses to seek expungement after four years instead of ten.

International

Philippines Medical Marijuana Bill Advances. The House Health Committee approved a medical marijuana measure, House Bill 180, on Monday. The bill would allow patients with debilitating conditions to use marijuana. It would also establish Medical Cannabis Compassionate Centers in hospitals to supply and sell medical marijuana, which could be sold only by a licensed pharmacist.

The 2017 International Drug Policy Reform Conference, October 11-14, Atlanta

The 2017 International Drug Policy Reform Conference will convene in Atlanta, Georgia on October 11-14. More than 1,500 people who believe the war on drugs has failed will be in attendance to network, to strategize and to lift up policies grounded in science, compassion, health and human rights.

Attendees will join a broad range of drug policy stakeholders -- activists, academics, healthcare and public health advocates, veterans, formerly incarcerated people, elected officials, students, and many others from around the country and across the globe!

vigil at 2009 DPA conference, Albuquerque
This year, attendees will have the opportunity to spend three days deepening connections with people committed to finding alternatives to the war on drugs while participating in sessions facilitated by leading experts.

Visit http://www.reformconference.org to register. Get updates on the Reform Conference on Facebook and Twitter, and follow hashtag #NoMoreDrugWar.

The reduced rate we announced for Atlanta-area residents is good through this Tuesday, October 3rd. Email asha bandele for information, and if you already have the discount code but haven't registered yet, please do so by Tuesday.

Chronicle AM: FBI: Drug Arrests Up Last Year, Colombia Coca Conflict, More... (9/25/17)

The FBI's latest Uniform Crime Report shows an increase in drug arrests last year, there's conflict in the coca fields in Colombia, British Columbia gets set to figure out how it's going to handle legal weed, and more.

There were more than 1.5 million drug arrests last year, an increase of more than 5% over 2015. (Wikimedia)
Medical Marijuana

Florida Medical Marijuana Law Challenged By Black Farmer. A state law designed to ensure that at least one medical marijuana cultivation license is reserved for a black farmer has been challenged by a black farmer. Panama City farmer Columbus Smith filed suit last Friday to challenge the law, arguing that it is so narrowly drawn that only a handful of black farmers in the state could qualify. The lawsuit names as a defendant the state Department of Health, which issues licenses, and seeks a temporary injunction blocking the issuance of licenses under that provision of the law.

Montana Dispensary Owner Wins Temporary Restraining Order to Block Billings Ban. Richard Abromeit, the co-owner of Montana Advanced Caregivers in Billings, and a patient filed a temporary restraining order against the city last Friday in a bid to block city officials from enforcing its new ordinance banning medical marijuana businesses. Now, the city cannot enforce the ban until a future court hearing decides the issue. The dispensary has operated in Billings for a decade, but city fathers voted last month to approve an ordinance that bans all medical marijuana businesses.

Law Enforcement

FBI Annual Crime Report Shows Jump in Drug Arrests Last Year. Despite the spread of marijuana legalization and strong public support for new direction in drug policy, the war on drugs just keeps rolling along. Statistics from the FBI's annual Uniform Crime Report, released Monday, show 1.57 million arrests for drug law violations nationwide, up 5.63% over 2015. Unlike previous reports, this year's report did not make immediately available data on arrests for specific drugs, such as marijuana. But in recent years, simple pot possession along accounted for about 40% of all drug arrests. Drug possession (either or pot or other drugs) accounted for between 85% and 90% of all drug arrests in previous years.

International

British Columbia Begins Public Engagement Process on How to Legalize Marijuana. BC Minister of Public Safety and Solicitor General Mike Farnworth has announced that the government is beginning an extensive process of public consultation about how best to legalize weed in the province. Questions to be determined include the legal age for use, what possession limits will be, how to deal with drug impaired driving, and issues around personal cultivation. The consultation will also address questions around how weed is to be sold. Canada is set to implement marijuana legalization on July 1, 2018.

Colombia Coca Farmer Protests Force Temporary Halt to Forced Eradication in Norte de Santander. Government officials and coca growers agreed last Wednesday on a temporary halt to forced eradication of coca crops in the Catatumbo region of Norte de Santander state in the country's northwest. The agreement came after protests the previous weekend led to clashes and road blockades. Under the peace agreement negotiated between the government and leftist FARC rebels, coca farmers are supposed to have a chance to voluntarily eradicate their plants and join a crop substitution program, but the protestors said the anti-narcotics police, who are under pressure from the US, were engaging in forced eradication anyway.

Is North Korea Peddling Dope to Get Around Sanctions?

This article was produced in collaboration with AlterNet and first appeared here.

Faced with an ever tougher economic sanction regime aimed at forcing the Hermit Kingdom to end its nuclear and ICBM programs, there are increasing signs that North Korea is using drug dealing -- among other illicit activities -- to earn hard currency. Such moves call into question whether economic sanctions can cause enough pain to the regime to force it to modify its behavior since the country's illicit economy is estimated to be larger than its licit one.

North Korean leader Kim Jung Un (Flickr)
At a deeper level, they also shed light on one of the unintended consequences of drug prohibition. Criminalizing the drug trade means there are huge profits waiting for those willing to scoff at the drug laws, as North Korea has done for decades.

According to Deutsche Welle, which cites South Korean sources with covert contributors in the north, state-run trading companies have begun to manufacture and sell illicit drugs in a move to bust the sanctions regime. The companies have been "ordered to earn foreign currency" and, with legal means of doing so being constrained by United Nations export bans, they "are turning to drugs manufacturing on an industrial scale."

It wouldn't be the first time. The Kim dynasty ordered the production of opium poppies in the 1970s, with the harvest "sent to pharmaceutical plants" where it was "processed and refined into heroin… under the direct control and strict supervision of the central government," regime defectors reported. Drugs would be smuggled across the Yalu River into China, on commercial shipping bound for loosely guarded Southeast Asian ports, and inside the baggage of North Korean diplomats.

After 1998, as famine lingered and torrential rains ruined poppy fields, King Il Sung engineered a switchover of heroin labs to methamphetamine labs. Meth suited the regime both for domestic purposes -- it stimulated workers' energy while reducing their hunger -- and for its ability to generate hard currency.

Within a few short years, the value of North Korean drug production exploded, with the US-China Economic and Security Review Commission estimating that the country earned between $500 million and $1 billion from the drug trade in 2001 alone. A Congressional Research Service report seven years later concurred, also estimating the value of the trade at up to a billion dollars. By 2005, the Chinese were complaining about intercepted shipments of methamphetamine and MDMA being trafficked from North Korea.

Little has changed in the intervening years. North Korean meth is still making its way to China, according to journalist Brendan Hong.

"China has a major meth problem," he wrote last year. "It mostly comes from North Korea and it's been flooding northeastern China for years. I have seen workers abuse meth in Chinese electronics factories so they can stay awake when trudging through unending shifts. Cam girls (models who perform or strip online for a fee) and karaoke hostesses smoke it with their clients, who call the practice, "ice-skating.'"

"The North has a long track record of manufacturing and selling drugs overseas and it is a convenient fallback for the regime to ratchet up production when sanctions are stepped up and it is harder for them to export legitimate goods," said Stephen Nagy, a senior associate professor of international relations at Tokyo's International Christian University. "It is clear that they need hard cash for their new military gadgets and they know there is a big cash market for illegal drugs," he told Deutsche Welle.

North Korea appears bound and determined to become a nuclear state complete with the means to deliver atomic death and destruction across thousands of miles. And if it's got an illicit drug industry as big as its legal economy, sanctions aimed at legal sectors of the economy aren't going to rein in the regime. The primary result of increased sanctions may turn out to be making Kim Jung Un the Walter White of Northeast Asia.

Chronicle AM: MA Drug Lab Scandal Redux, PA MJ Support Strong and Rising, More... (9/22/17)

Pennsylvania support for marijuana legalization is strong and rising, Attorney General Sessions mixes drug and immigration policy, another federal court rules against Stingray, a second Massachusetts drug lab scandal could see thousands more cases dismissed, and more.

Massachusetts state drug testing labs continue to generate serious problems -- and thousands of case dismissals. (Wikimedia)
Marijuana Policy

California Will Issue Temporary Business Licenses. Regulators will introduce a temporary marijuana business licensing system to ensure a smooth start to regulated marijuana sales beginning on January 1, the state's top marijuana official announced Thursday. Businesses would only need to provide some "pretty basic information" for the temporary licenses, said Lori Ajax. The application will be available in early December, after temporary rulemaking is completed. "We don't have time to do regular rulemaking," she explained, adding that would come next year.

Pennsylvania Poll Shows Strong, Rising Support for Legalization. A Franklin & Marshall College poll released Thursday has support for marijuana legalization at 59%, with only 31% opposed and 9% undecided. The pro-legalization numbers are the highest ever in the poll, up three points since May and a whopping 19 points since June2015.

Immigration

Sessions Blames Lax Immigration Policies for Drug Gangs, Cartels. Attorney General Jeff Sessions used concerns over drug gangs and cartels to attack "loose" immigration policy in remarks in Boston Thursday. He specifically singled out MS-13 as an example, while failing to note the gang's origins among Salvadoran refugees fleeing a US-sponsored civil war there in the 1980s. He also attacked the Deferred Action for Childhood Arrivals (DACA) program, which offers protections to undocumented residents who were brought to the country as children. "The gangs use this program as a means to recruit members," Sessions said. "We cannot allow young people to be brought into this life of crime." Sessions did not mention that DACA participants are carefully vetted and must have no serious criminal records or that 90% of them are working or in college.

Law Enforcement

DC Court Latest to Rule Against Warrantless Stingray Searches. The DC Court of Appeals ruled Thursday that the warrantless use of a Stingray cell-site stimulator to monitor phone calls was unconstitutional. The ruling was only the latest in a string of recent federal appeals court judgments that ruled using the Stingray amounts to a search under the meaning of the Fourth Amendment. In the DC case, the court found the violation so egregious that it excluded all evidence derived from it, overturning the conviction of Prince Jones on drug charges.

ACLU Calls for Thousands More Massachusetts Drug Cases to Be Thrown Out in Drug Lab Scandals. Bay State judges have already dismissed more than 20,000 drug cases tainted by the misbehavior of state lab chemist Annie Dookhan, but now the ACLU is calling for judges and prosecutors to dismiss thousands more in a second case of lab tech misbehavior. Amherst state lab chemist Sonja Farak pleaded guilty in 2014 to stealing cocaine from the lab and admitted she was high nearly every day from 2004 to 2013 on cocaine, meth, and other stimulant drugs she pilfered from her job. The ACLU charges that prosecutors have sought to minimize Farak's misbehavior in a bid to preserve drug cases and convictions and failed to notify defendants that the evidence in their cases had been tainted. "Far worse than the Hinton scandal, the Amherst scandal combines a lab crisis with prosecutorial misconduct of unparalleled scope and irremediable consequence," the ACLU argued. "This latest systemic lapse in the justice system demands a most emphatic response." And that response would be mass dismissals.

International

Iceland Marijuana Legalization Bill Filed. Members of the Reform Party and the Pirate Party have banded together to file a bill that would legalize marijuana in the North Atlantic island nation. The bill would allow anyone 20 and over to possess and cultivate pot for personal use -- with a government permit. The bill would also allow retail sales and consumption lounges, but not at the same business.

Australia to See First Music Festival With On-Site Pill Testing. The Spilt Milk Festival in Canberra will provide on-site pill testing for attendees in a harm reduction move aimed at reducing overdoses and other bad drug interactions. The Australian Capital Territory government has given the okay for the project, which will be operated by the Safety Testing Advisory Service at Festivals and Events. That consortium consists of Harm Reduction Australia, the Australian Drug Observatory, the Noffs Foundation, DanceWize, and Students for Sensible Drug Policy.

Chronicle AM: CVS to Limit Opioid 'Scrips, Sessions Slams Legal Pot (Again), More... (9/21/17)

The attorney general makes clear yet again that he doesn't like legal weed, a Kentucky court throws out a medical marijuana lawsuit, one of the nation's largest pharmacy chains is moving to tighten up on opioid prescriptions, Rodrigo Duterte is ready to kill his own kid for the sake of the drug war, and more.

Attorney General Sessions reprises a favorite theme even as his underlings ponder what to do about legal cannabis. (senate.gov)
Marijuana Policy

Sessions Attacks Marijuana Legalization Again. "I've never felt that we should legalize marijuana," Sessions said Wednesday in San Diego in remarks reported by Reuters. "It doesn't strike me that the country would be better if it's being sold at every street corner," he added, noting that it remains prohibited under federal law. But despite the attorney general's repeated anti-legalization comments, the Justice Department has yet to move seriously against states where it is legal. Last week, Deputy Attorney General Rod Rosenstein said the Cole memo, which set the Obama administration's largely laissez-faire policy toward legal pot states, is now under review.

Maine Legislators Propose Online and Drive-Through Pot Sales. Proposed regulations from the legislature's marijuana committee would let adults buy pot over the Internet and at drive-through windows at licensed pot shops. The rules are not yet set, however, and opponents are seeking to tighten access. Stay tuned.

Las Vegas Gets First 24-Hour Pot Shop. The city council voted unanimously Wednesday to allow a pot shop, Oasis Cannabis, to stay open 24 hours a day. It will be the first 24/7 pot shop to be located near the Strip, but other pot shops in nearby North Las Vegas are already open around the clock. In approving the move, the council overrode its own city code, which requires pot businesses to shut down between 3:00am and 6:00am.

Medical Marijuana

Kentucky Court Dismisses Lawsuit Aimed at Governor, Attorney General. A lawsuit filed against Gov. Matt Bevin (R) and Attorney General Andy Beshear (D) seeking to force them to legalize medical marijuana in the state was thrown out Wednesday. A Franklin circuit court judge ruled that legal precedent makes it clear that only the legislature can regulate the use of marijuana in the state -- not the executive branch and not the courts.

Heroin and Prescription Opioids

CVS to Limit Opioid Prescriptions in Bid to Address Crisis. The national drug store chain announced Thursday it will take steps to limit initial prescriptions to seven-day supplies for new patients facing acute pain. It will instruct pharmacists to contact prescribing doctors if they see prescriptions with what they believe are more opioids than necessary. The chain will also cap daily dosages and require new patients to get medications that offer short-period pain relief instead of longer duration ones. CVS did not address how the moves would impact patients suffering from chronic pain.

Nevada Governor Sets Opioid Task Force Meeting. Gov. Brian Sandoval (R) has announced that the state's task force on opioid abuse is set to meet Monday. He said the task force will hear updates from state and federal agencies on their progress in fighting opioid abuse. The task force has already made the overdose reversal drug naloxone available to first responders, Sandoval noted.

Asset Forfeiture

lIllinois Governor Signs Civil Asset Forfeiture Reform Bill. Gov. Bruce Rauner (R) signed House Bill 303 into law on Tuesday. The new law does not end civil asset forfeiture, but raises the bar for seizures, mandates the collection and reporting of seizure data, and imposes new sanctions for abuse or violations of asset forfeiture rules. Under the new law, the government's burden of proof standard rises from probable cause to a preponderance of the evidence. The law also provides that possession of small amounts of drugs will no longer be a legal basis for forfeiture.

International

Duterte Tells Cops to Kill His Own Son if Drug Smuggling Rumors Are True. In a not very reassuring effort to demonstrate that his own family is not above the law, Philippines President Rodrigo Duterte said in a speech Wednesday that police could kill his children if they prove to be involved in drugs. The remarks came amid reports that his 42-year-old son Paolo was involved in drug smuggling. According to the Sydney Morning Herald, Duterte said he warned his son: "My orders are to kill you if you are caught, and I will protect the police who kill you." That way, people wouldn't think the first family was getting special treatment. "That's better ... so I can say to the people: "There, you keep talking. That's my son's corpse,' he said.

The 2017 International Drug Policy Reform Conference, October 11-14, Atlanta

The 2017 International Drug Policy Reform Conference will convene in Atlanta, Georgia on October 11-14. More than 1,500 people who believe the war on drugs has failed will be in attendance to network, to strategize and to lift up policies grounded in science, compassion, health and human rights.

Attendees will join a broad range of drug policy stakeholders -- activists, academics, healthcare and public health advocates, veterans, formerly incarcerated people, elected officials, students, and many others from around the country and across the globe!

This year, attendees will have the opportunity to spend three days deepening connections with people committed to finding alternatives to the war on drugs while participating in sessions facilitated by leading experts.

Visit http://www.reformconference.org to register. Get updates on the Reform Conference on Facebook and Twitter, and follow hashtag #NoMoreDrugWar.

A reduced rate is temporarily available for Atlanta-area residents -- email asha bandele for information.

Atlanta, GA
United States

You Won't Believe Alphonse D'Amato's New Gig

Former Republican US senator from New York Alphonse D'Amato will be a lobbyist for the Marijuana Policy Project, the New York Daily News reported last week.

Former senator, now pot lobbyist, Alphonse D'Amato (Facebook)
The marijuana law reform group, which has played a leading role in medical marijuana and legalization campaigns across the country, is starting a state affiliate in New York and has hired Amato as a "senior advisor."

New York has not legalized marijuana, but it does have an existing medical marijuana program, and the MPP New York affiliate will initially focus on ways to promote and strengthen it. Still, D'Amato didn't rule out a change of focus to legalization in the future.

"If we want to be realistic, you've got to look at the nation, what is taking place around us," he told the Daily News. "It's been implemented in seven [sic] states." Actually, eight states have legalized marijuana so far.

"The conversation and the discussion about adult use and the legalization of adult use is taking place and will be taking place," he said. "There is no doubt that that is something that will come more and more to the forefront as time goes on."

And while New York isn't there yet: "It's not something we're promoting but it's something that's taking place around the country and we can't be naïve to it," he said.

Amato's embrace of marijuana reform is an amazing turnaround for a man who made a political career as an ardent -- some might even say rabid -- conservative during his rise to power in state politics and his tenure as a US senator from 1981 to 1999. As a US senator, he was a strong advocate of "law and order," campaigning on issues such as support for capital punishment and harsher drug policies.

That's when he wasn't busy pursuing Bill and Hillary Clinton in the first of the nebulous "scandals" that have plagued the couple to this day. He was a leading critic of the Clinton's over the Whitewater scandal, and chaired the Senate Special Whitewater Committee.

D'Amato credits Howard Stern for showing him the light on weed. A 2009 discussion with the radio personality opened his mind to the notion, he said.

"I think I'm a conservative, but I don't think I'm a right-wing kook," D'Amato proclaimed.

Real conservatives are for states' rights, he said, throwing a jab at his former Senate colleague, Attorney General Jeff Sessions, who wants to see a federal crackdown on states that have legalized medical or recreational marijuana.

"It's a ridiculous position," he said. "I say how can you on the one hand be for states' rights and on the other hand say the states that have legalized the use of marijuana, that you're not going to recognize that. You can't be a states' rights person only when you like what the states are doing and not what the feds are doing. It's one or the other."

Who would have thought? Senator Pothole has become Senator Pot.

This Week's Corrupt Cops Stories

A Louisiana cop gets nailed for having sex and peddling dope on the job, a sticky-fingered Pennsyvlania cop gets nailed for stealing drug money, a South Carolina cop gets nailed -- nine years after the fact -- for lying on a drug search warrant, and more. Let's get to it:

In Conway, South Carolina, a Horry County police officer was fired last Friday after he was found to have "misrepresented the truth" in a search warrant application nine years ago. Kent Donald went down after a Horry County man sentenced to 25 years in prison for cocaine trafficking got his conviction reversed after convincing an appeals court that the search warrant used against him was "maliciously and intentionally issued upon false information and for the purpose of securing a criminal investigation." The man, who spent five years in prison, is now pursuing a civil lawsuit against Donald and the Horry County Police Department.

In Muncie, Indiana, a Delaware County sheriff's deputy was arrested last Wednesday on charges related to his tight relationship with a drug-dealing informant. Deputy Jerry Parks was caught on surveillance tapes while present during a marijuana deal and on recordings providing the description of an undercover officer to the informant. When the informant was arrested on drug charges in Indianapolis, he told investigators Parks gave him information on undercover officers, held his drugs for safekeeping, gave him a department issued gun to use while transporting drug money, and gave him drugs he had seized on duty. It's not clear what the exact charges are.

In Alexandria, Louisiana, an Alexandria police officer was arrested last Thursday for allegedly selling drugs and having sex while on duty. Officer Kenneth Seth Thomas went down after somebody snitched him out to state law enforcement, and an investigation found that Thomas "had engaged in illegal activities by having sex with at least one woman while on duty and distributing illegal drugs." He is charged with malfeasance in office, distribution of a controlled dangerous substance I and possession of a firearm in the presence of drugs.

In Harrisburg, Pennsylvania, a former Fairview Township police officer was convicted last Friday of stealing money seized as evidence in drug arrests. Tyson Baker, 43, a 17-year veteran of the force, was suspected of making off with between $2,000 of $15,0000 seized from a marijuana dealer. He went down in a sting where an undercover agent was pulled over by township police. A video camera recorded him searching the car without a warrant and stealing $3,000 from a cash stash hidden in a gym bag. He was found guilty in federal court of two counts of theft of seized drug money, one count of falsifying records to impede a drug investigation, one count of theft of federal property, and one count of making false reports to the FBI. He will be sentenced at a later date.

In Augusta, Georgia, a former youth detention center guard pleaded guilty last Friday to bringing marijuana into the facility. Devin Lott, 24, admitted the offense and pleaded guilty to possession of marijuana with intent to distribute and violation of oath by a public officer. He was sentenced to 10 years' probation instead of jail time after the judge took mercy on him. His mother and nephew had been killed in a recent car crash and his sister, who was driving, was severely injured and needs assistance with daily activities.

In Hagatna, Guam, a former Guam police officer was sentenced last Thursday to six months in jail after a police search found drugs and paraphernalia at his home. Manuel Joaquin Perez. Perez claimed he'd found and discarded syringes and a baggie with meth residue, but his wife admitted using the stuff. He pleaded guilty to hindering apprehension and official misconduct, both misdemeanors, but had a felony drug possession charge dismissed.

Medical Marijuana Update

A white-haired conservative Mormon Republican senator from Utah files a medical marijuana research bill, the Arizona Supreme Court tells recalcitrant local officials they can't hide behind federal law to mess with the state's medical marijuana law, and more.

National

Last Wednesday, Orrin Hatch filed a medical marijuana research bill, complete with a pun-filled news release. Senator Orrin Hatch (R-UT) introduced the Marijuana Effective Drug Study Act of 2017, or MEDS Act, to improve the process for conducting scientific research on marijuana as a safe and effective medical treatment. In introducing this legislation, Senator Hatch was joined by Senator Schatz (D-HI) and cosponsors Senator Chris Coons (D-DE), Senator Cory Gardner (R-CO), and Senator Thom Tillis (R-NC). "It's high time to address research into medical marijuana," Hatch said. "Our country has experimented with a variety of state solutions without properly delving into the weeds on the effectiveness, safety, dosing, administration, and quality of medical marijuana. All the while, the federal government strains to enforce regulations that sometimes do more harm than good. To be blunt, we need to remove the administrative barriers preventing legitimate research into medical marijuana, which is why I've decided to roll out the MEDS Act. I urge my colleagues to join Senator Schatz and me in our joint effort to help thousands of Americans suffering from a wide-range of diseases and disorders. In a Washington at war with itself, I have high hopes that this bipartisan initiative can be a kumbaya moment for both parties." [Bolding done by Chronicle AM.]

Arizona

Last Tuesday, the state Supreme Court refused to let state officials use federal law to get around state medical marijuana laws. The high court on declined to review a Court of Appeals ruling that federal law does not trump the state's voter-approved medical marijuana law. The lower court had ruled that even though marijuana remains illegal federally, federal law does not preempt the state from allowing patients to use it. The case had been filed by recalcitrant Maricopa County Bill Montgomery (R), who didn't want to heed the will of the voters.

Arkansas

On Monday,a filing deadline saw a rush of applicants for grower and distributor licenses. A deadline for grower and distributor applications saw applicants flood the state office building where the paperwork is delivered. Firm numbers weren't available, but applicants overwhelmed the clerks on duty and faced hours-long waits to get processed.

Michigan

On Tuesday, a pair of Detroit municipal initiatives qualified for the November ballot. Two local ballot measures that would open up business opportunities for medical marijuana in the city will go before voters in November. One measure would formally have the city join the state medical marijuana regulatory system and the other would amend the city's cannabis business zoning laws. The two measures overcame a challenge from the Detroit Elections Commission and have now been approved by the county election commission.

Utah

On Wednesday, Ua poll showed high levels of support for a medical marijuana initiative. A proposed medical marijuana initiative from the Utah Patients Coalition has supermajority levels of support, according to a new UtahPolicy.com poll. The poll has support for the initiative at 74%, with only 22% opposed. More strikingly, it also has support among Mormon Church members at 63%, even the Mormon leadership has announced its opposition. The initiative push comes after the legislature has repeatedly refused to pass a medical marijuana bill.

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

Chronicle AM: Las Vegas MJ Lounges Hit Snag, Utah MedMJ Init Polling Well, More... (9/20/17)

The Bay State's highest court just made it harder for cops to charge people with marijuana-impaired driving, Las Vegas-area county commissioners put a stop to talk of pot lounges anytime soon, Colombia's president speaks out against the drug war (again) at the United Nations, and more.

Don't hold your breathing waiting for marijuana lounges in Vegas. It could be awhile. (Wikipedia)
Marijuana Policy

Massachusetts Court Rules Drivers' Field Sobriety Tests Not Valid for Marijuana. The state's Supreme Judicial Court ruled Tuesday that the field sobriety tests used in drunk driving cases cannot be used as conclusive evidence that a driver was driving high. Police officers could testify as non-expert witnesses about how drivers performed in the field sobriety tests, but cannot tell juries if a driver passed or failed the test, nor provide their own opinions about whether a driver was too high to drive, the court held. The court noted that there is no reliable scientific measure for marijuana impairment, as there is with blood alcohol content.

Nevada's Clark County Says Not So Fast to Las Vegas Pot Lounges. Clark County commissioners are in no hurry to give an okay for marijuana social consumption clubs in Las Vegas. In a Tuesday meeting, they voted 6-1 to hold off on moving to allow and regulate such clubs. The move comes after attorneys for the state legislature issued an opinion saying there is no state law prohibiting the establishment of pot social clubs. Commissioners said they had regulatory concerns, as well as fears of "inviting the feds" to intervene.

Medical Marijuana

Utah Poll has Very Strong Support for Medical Marijuana Initiative. A proposed medical marijuana initiative from the Utah Patients Coalition has supermajority levels of support, according to a new UtahPolicy.com poll. The poll has support for the initiative at 74%, with only 22% opposed. More strikingly, it also has support among Mormon Church members at 63%, even the Mormon leadership has announced its opposition. The initiative push comes after the legislature has repeatedly refused to pass a medical marijuana bill.

Detroit Initiatives Qualify for November Ballot. Two local ballot measures that would open up business opportunities for medical marijuana in the city will go before voters in November. One measure would formally have the city join the state medical marijuana regulatory system and the other would amend the city's cannabis business zoning laws. The two measures overcame a challenge from the Detroit Elections Commission and have now been approved by the county election commission.

International

Colombian President Uses UN Speech to Call for New Approach to Drugs. President Juan Manuel Santos used the occasion of his final speech before the United Nations to repeat his call for a change in the way the world wages the war on drugs. Saying that under drug prohibition, "the remedy has been worse than the disease," he argued that the drug war "has not been won, nor is being won and we require new approaches and new strategies." Santos' remarks came just days after President Trump criticized Colombia for an increase in coca and cocaine production and threatened to decertify the country as cooperating with US drug war aims.

Chronicle AM: CA Safe Injection Site Blocked for Now, No Toronto Pot Lounges, More... (9/19/17)

The California safe injection bill comes up two votes short of passing this year, Toronto authorities ignore the pleas of pot lounge operators for a place under legalization, Virginia's Democratic attorney general comes out with a plan to fight opioid overdoses, and more.

No safe injection sites for California this year. Maybe next year. (vch.ca)
Marijuana Policy

New Mexico Democratic Gubernatorial Candidates Want to Legalize It, Republicans Not So Much. Three leading Democratic contenders for the party's gubernatorial nomination support legalization, while the sole Republican in the race does not. Democrat Peter DeBenedittis released a statement Monday calling for legalization, prompting Democrats Jeff Apodaca and US Rep. Michelle Lujan Grisham to come out for it as well. The sole Republican, US Rep Steve Pearce opposes legalization, as does one Democrat, state Rep. Joseph Cervantes. But Cervantes noted that he has sponsored legislation reducing penalties for possession.

Medical Marijuana

Arkansas Deadline Sees Rush of Applicants for Grower, Distributor Licenses. A Monday deadline for grower and distributor applications saw applicants flood the state office building where the paperwork is delivered. Firm numbers weren't available, but applicants overwhelmed the clerks on duty and faced hours-long waits to get processed.

Heroin and Prescription Opioids

Virginia Attorney General Releases Plan to Fight Opioid Epidemic. State Attorney General Mark Herring (D) on Monday released a plan to address the growing number of deaths caused by the use of heroin, fentanyl, and prescription opioids. Among the proposals: harsher laws for people dealing in fentanyl, enhanced electronic prescription monitoring, requiring health insurers to cover alternative treatments for pain, teaching schoolchildren about opioids beginning in middle school, and an investigation into price gouging by companies selling naloxone. News accounts don't indicate any discussion in Herring's plan of the need to ensure the availability of opioid pain relievers to those patients who do need them, nor any critical examination of his proposal for increased sentences.

Harm Reduction

California Safe Injection Site Bill Falls Short in State Senate. A bill that would have opened the way to safe injection sites in the state has come up two votes short in the state Senate. The measure, Assembly Bill 186, is not dead, however. Even though the Senate did not vote to pass it, it did vote to reconsider it next year.

International

Toronto Just Says No to Marijuana Lounges. Despite the pleas of pot consumption lounge owners, some of whom have been open for years, the city's municipal standards and licensing committee voted 4-1 to limit marijuana businesses to government-run stores. The committee also voted to increase penalties for businesses that allow on-site consumption. The city is staying within the parameters set by the Ontario provincial government, which recently announced plans for a government monopoly on pot sales.

Lesotho Becomes First African County to Issue Medical Marijuana License. The country's health ministry has licensed a South African company, Verve Dynamics, to manufacture medical marijuana products, marking a first for the continent.

Peru Medical Marijuana Bill Advances. Spurred by a recent raid on a makeshift medical marijuana facility that mothers were using to soothe their sick children, the Peruvian congress is advancing a medical marijuana bill. The bill has now passed the congressional Committee on National Defense and heads to the full Congress for debate and a final vote. President Pablo Kucyzinski has supported the legislation.

Amnesty International Criticizes Indonesia's Turn to Harsh Drug War. The government's tough stance against drug dealers is leading to an increasing death toll, the human rights group said. Amnesty's Indonesian affiliate said some 80 people had been killed by police in the drug war so far this year, more than four times as many as last year.

(This article was prepared by StoptheDrugWar.org"s lobbying arm, the Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Colorado County's Marijuana Tax Program Will Provide $420,000 in College Scholarships This Fall

This article was produced in collaboration with AlterNet and first appeared here.

More than 200 graduating high school students in Colorado's Pueblo County will head off to college in a few weeks thanks to legal marijuana. The 210 students will receive scholarships worth $2,000 each for a total of $420,000 -- a very appropriate aggregate figure, given that the scholarships are being funded by excise taxes on state-legal marijuana grown in the county.

CSU Pueblo will see the nation's first pot tax college scholarships. (CSU Pueblo)
>Happy local officials described the pot-fueled Pueblo County Scholarship Fund as "the country's first cannabis-funded college scholarship." It was created after voters in the sun-filled county, which is building a reputation as a center of the outdoor and greenhouse-grown pot trade,approved an excise tax on commercial cannabis cultivation in 2015.

Colorado pot taxes have already provided funding for the state's public school system and homeless population, and the Pueblo County scholarships are demonstrating once again the economic and fiscal benefits accruing to states that have legalized marijuana.

And for Pueblo County high school students, there's more to come. The pot cultivation excise tax was 2% last year, but will increase by 1% annually until it tops out at 5%. With rising commercial cultivation and a rising tax rate, the scholarship fund appears set to expand, allowing even more students in the county, where nearly 20% live below the poverty line and where more than 40% of residents are Hispanic, to take advantage of educational opportunities.

But they'll have to stay near home. The scholarships only pay for tuition and fees at Pueblo Community College or Colorado State University-Pueblo. That latter school is also benefiting from marijuana in other ways: Thanks to $900,000 from the state's marijuana tax fund and $270,000 in county pot excise taxes to be used for "community enhancement," CSU-Pueblo last year opened the Institute of Cannabis Research to study topics such as the impact of legalization on local economies, industrial hemp cultivation, and the efficacy of cannabidiol.

Pueblo County Commissioner Sal Pace gave the credit to weed. He told the Cannabist in June the county's abundant sunshine was its greatest natural resource, and taxes on sun-grown weed made both the institute and the scholarships possible.

"There are vast opportunities in cannabis -- from growing to research -- and we want to make sure all Coloradans benefit, not just a select few," he said. "For years, our community has discussed creating local scholarships that could provide opportunity and help break cycles of poverty. The Pueblo County Scholarship Fund will change lives, families and benefit generations to come."

Smoking weed may not help your academic career, but the taxes on growing it are helping some Colorado kids have an academic career. That's one economic impact of legalization you don't need an institute to figure out for you.

Pueblo, CO
United States

New Hampshire Just Decriminalized Marijuana Possession

As of noon last Saturday, the possession of small amounts of marijuana is decriminalized in New Hampshire. Now, nowhere is New England will someone caught with a joint or two be subject to arrest.

All of New England is now a minor pot bust-free zone. (Wikimedia)
Two New England states -- Maine and Massachusetts -- have legalized marijuana, and all the others have now decriminalized it.

Decriminalization came when, after years of effort, the legislature passed House Bill 640 in June, and Republican Gov. Jon Sununu signed it into law the following month.

Under the state's old law, people caught with small amounts of pot faced up to a year in prison and a $2,000 fine. Under the new law, the penalty for possession of up to three-quarters of an ounce is reduced to a $100 fine for a first or second offense and a $300 fine for a third offense within three years. A fourth offense within three years could be charged as a Class B misdemeanor, but there would be no arrest or jail time.

The Marijuana Policy Project (MPP), which has been deeply involved in the state for years, congratulated state political leaders for going this far, but urged them to go further.

"The governor and Legislature both deserve a lot of credit for moving the state forward with this commonsense reform," said Matt Simon, MPP's Manchester-based New England political director. "Unlike his predecessors, who opposed similar proposals, Gov. Sununu appears to understand that "Live Free or Die' is more than just a motto on a license plate.

"A lot of credit also goes to the House, which has been supporting decriminalization bills since 2008," Simon said. "It was refreshing to see the Senate finally come to an agreement with the House on this issue in 2017. This is a big step toward a more sensible marijuana policy for New Hampshire."

The next step would be outright legalization, Simon said, pointing to an August Granite State poll that showed more than two-thirds (68%) of state residents supported freeing the weed.

"There is no good reason to continue arresting and prosecuting people for marijuana possession. Marijuana is objectively less harmful than alcohol, and Granite Staters are ready to see it treated that way. A very strong majority of state residents support ending marijuana prohibition altogether," Simon said.

"New Hampshire lawmakers should continue to follow their constituents' lead on this issue," Simon said. "Every state in New England is either implementing or strongly considering legislation to regulate marijuana for adult use. It is time for the legislature to develop a realistic marijuana prohibition exit strategy for New Hampshire."

Chronicle AM: Bill to End Federal Man Mins Filed, CA Calls for Pot Rescheduling, More... (9/18/17)

Bostonians celebrate marijuana legalization, California calls for its rescheduling, state attorneys general urge health insurers to reduce opioid prescriptions, Maxine Waters files a bill to end mandatory minimums for drug sentences, and more.

Marijuana Policy

California Officially Calls for Marijuana Rescheduling. The Assembly last Thursday passed a resolution calling on the federal government to reschedule marijuana. The Senate had approved the resolution earlier. "The Legislature urges the Congress of the United States to pass a law to reschedule marijuana or cannabis and its derivatives from a Schedule I drug to an alternative schedule, therefore allowing the legal research and development of marijuana or cannabis for medical use," reads the joint resolution.

Boston Freedom Rally Draws Thousands to Celebrate Legalization. For the first time since voters legalized marijuana last November, the annual event demanding legalization was held this past weekend. Thousands flocked to Boston Common for the 28th Annual Boston Freedom Rally for live music, speeches, educational panels, and -- of course -- plentiful pot-smoking. Even though public marijuana use is illegal, police reported no arrests.

Nevada Supreme Court Throws a Wrench in Marijuana Distribution Licensing. The state's highest court issued a temporary injunction last Friday barring the Department of Taxation from granting any more pot distribution licenses. This means supply chain issues will continue to plague pot shops in the near term. The initiative that legalized pot in the state reserved such licenses for liquor distributors for the first 18 months, but the Tax Commission had voted to allow other distributors to get in on the action after determining that the booze distributors couldn't keep up with demand. The liquor distributors took legal action to block the new licenses, and here we are. Oral arguments in the case are set for October 3.

Heroin and Prescription Opioids

State Attorneys General Urge Insurers to Seek Alternatives for Opioids. Attorneys general from 35 states, Washington, DC, and Puerto Rico announced a bipartisan coalition to fight opioid addiction on Monday and rolled out their effort by jointly calling on health insurers to review pain management treatment policies in a bid to promote more use of alternatives to prescription opioids. The AGs said they didn't want health insurers to unintentionally contribute to the crisis. News articles didn't indicate whether the AGs noted the need to ensure that patients who do need opioids receive them.

Harm Reduction

Philadelphia DA Candidates Are Open to Safe Injection Sites. Larry Krasner, the Democratic frontrunner to be the next district attorney, has come out in support of city-sanctioned safe injection sites for drug users. His Republican foe, Beth Grossman, wouldn't go that far, but said she is open to discussion on the issue. Safe injection sites were mentioned in Mayor Jim Kenney's opioid task force report in May, but they were the most controversial of the report's 18 recommendations. Although efforts are underway in several cities, including New York, San Francisco, and Seattle, no officially-sanctioned safe injection sites operate in the US, although one unsanctioned one is reportedly operating in an unnamed US city.

Sentencing

Maxine Waters Files Bill to End Mandatory Minimum Drug Sentences. Rep. Maxine Waters (D-CA) has filed House Resolution 3800 "to eliminate mandatory minimum sentences for all drug offenses." The bill text is not yet available on the congressional web site.

International

Toronto Pot Lounges Want Right to Exist Under Legalization. Faced with a provincial plan to impose a government monopoly on retail marijuana sales, Toronto's existing pot consumption lounges, some of which have been around since before the turn of the century, are asking the city's Municipal Licensing and Standards Committee to regulate them instead of shutting them down. They argue that the shops are needed in the city, which bans public pot smoking and where many renters and apartment dwellers have no legal place to indulge.

(This article was prepared by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

The Only Legal Marijuana State to Ban Personal Pot Grows Could Be About to Change Its Mind

Eight states have legalized marijuana for recreational use, and of those, only Washington does not allow people to grow their own plants. But that could be about to change.

young marijuana plant during vegetative growth phase (Wikipedia)
The state's marijuana regulatory agency, the State Liquor and Cannabis Board (LCB), has announced that it will consider allowing personal home grows. The impetus for the move comes from the state legislature, which passed a bill this year directing the agency to study options for allowing personal cultivation.

Currently, the only people who can grow their own marijuana in Washington are registered medical marijuana patients. But allowing home grows under the recreational marijuana law would potentially vastly increase the number of people able to grow their own supply.

While the state is moving toward allowing home cultivation, it is contemplating a more highly regulated approach than other legal states. In its presss release announcing an October 4 public hearing on the issue, the LCB laid out three options for moving forward:

Option 1: Tightly Regulated Recreational Marijuana Home Grows

Would allow up to four plants per household, but would require home growers to obtain a state permit and enter their plants with the state traceability system.

Option 2: Local Control of Recreational Marijuana Home Grows

Would allow up to four plants per household, but would require a local permit. Plants would not have to be entered in the state traceability system. Local authorities could limit home cultivation to fewer than four plants if they wished.

Option 3. Recreational Home Grows are Prohibited

That would be the status quo. Recreational marijuana consumers would be forced to rely on the state-regulated market to obtain their pot. Or the black market.

There is a fourth option, which the LCB didn't offer up, but which is the case in the other legal pot states: Allowing people to grow their own small number of pot plants without the necessity of obtaining a permit from either the state or local authorities. After all, we're talking about growing a plant in your house or yard here. When it comes to growing your own, the attitude of many Washington marijuana consumers is likely to be: "Permits? We don't need no stinking permits."

Chronicle AM: WA Ponders Personal NJ Grows, Trump Chastises Colombia Over Coca, More... (9/15/17)

The only legal marijuana state that doesn't allow personal cultivation will revisit the issue, the president chides Colombia and Colombia reacts, there's strong support for legalization in New Jersey, and more.

Colombian cocaine exports are on the increase. (Spanish police)
Marijuana Policy

California Governor Vetoes Marijuana Packaging Bill. Gov. Jerry Brown (D) has vetoed Senate Bill 663, which would have specified conditions under which cannabis packaging would be deemed attractive to children and therefore banned. Although the bill was approved unanimously by the Assembly and Senate. Brown does not want new marijuana regulations except those developed through his office and regulatory agencies.

New Jersey Poll Has Strong Support for Legalization. A new Quinnipiac poll has support for legalization at 59% among state voters. But the poll questions didn't ask about regulated and taxed sales; it only asked whether respondents supported "allowing adults to legally possess small amounts of marijuana for recreational use." The state is expected to see a strong push for legalization in the legislature next year.

Washington to Consider Whether to Allow Personal Pot Grows. The state Liquor and Cannabis Control Board announced Thursday that it will hold a hearing on October 4 to seek public input on whether to allow residents to grow pot plants for their own use. Washington is the only legal pot state that bars personal grows, but the state legislature approved a bill telling the agency to look into options for allowing personal grows.

Medical Marijuana

Delaware Governor Signs PTSD Bill. Gov. John Carney (D) has signed into law a bill that allows people with PTSD to more easily qualify for medical marijuana. The new law allows PTSD patients to get a recommendation from any licensed physician; the old law required they receive recommendations only from licensed psychiatrists.

International

Trump Threatens to Decertify Colombia as Drug War Partner. In comments Wednesday as the State Department rolled out its annual list of reliable drug war partners, President Trump delivered not so veiled threats to Colombia over increased coca cultivation. Trump said he "seriously considered" decertifying the country because of the "extraordinary" growth in coca cultivation and cocaine production last year. He said he decided against decertification this year because the Colombian military is close partners with the US, but that he would keep it as an "option" and that he expected "significant progress" from Colombia in reducing output.

Colombia Rejects Trump Criticism. The government of President Juan Manuel Santos took issue with Trump's comments: "Colombia is without a doubt the country which most has fought drugs, and which has had the most success on that front," the government said in an early morning statement. "No one has to threaten us to confront this challenge."

Ontarians Are Liking the Notion of Government-Run Pot Shops. A Campaign Research poll released Thursday found that the province's plan to restrict marijuana sales to a government monopoly has fairly strong public support. Some 51% backed the idea, with 35% opposed and 14% with no opinion.

While Trump Moves Backward on Drug Sentencing, California Heads for More Reforms

This article was produced in collaboration with AlterNet and first appeared here.

The Trump Justice Department under prohibitionist Attorney General Jeff Sessions is reviving some of the drug war's worst sentencing practices -- mandatory minimum sentences, charging low-level defendants with the harshest statutes -- but that doesn't mean the states have to follow suit.

Harsh drug sentences are overcrowding California jails. (supremecourt.gov)
And, as has been the case with climate change, environmental protection, trade, and the protection of undocumented residents, California is charting its own progressive path in the face of the reactionaries in Washington.

The latest evidence comes from Sacramento, where the state Assembly passed a bill to stop sentencing drug offenders to extra time because they have previous drug convictions. The measure, Senate Bill 180, also known as the Repeal Ineffective Sentencing Enhancements (RISE) Act, passed the state Senate in June and now goes to the desk of Gov. Jerry Brown (D).

The bill would end a three-year sentence enhancement for prior drug convictions, including petty drug sales and possession of drugs for sales. Under current law, sale of even the tiniest amounts of cocaine, heroin, and methamphetamine can earn up to five years in prison, and each previous conviction for sales or possession with intent add three more.

State sheriffs complain that the drug sentencing enhancement is the leading cause of 10-year-plus sentences being served in their county jails, which now shoulder more of the burden of housing drug war prisoners after earlier reforms aimed at reducing prison overcrowding shifted them to local lock-ups. As of 2014, there were more than 1,500 people in California jails sentenced to more than five years and the leading cause of these long sentences was non-violent drug sales offenses.

"People are realizing that it is time to reform the criminal justice system so that there's more emphasis on justice and rehabilitation," Mitchell said after the final vote on SB 180, which is supported by nearly 200 business, community, legal and public-service groups. "By repealing sentencing enhancements for people who have already served their time, California can instead make greater investments in our communities. Let's focus on putting 'justice' in our criminal-justice system."

"This sentencing enhancement has been on the books for 35 years and failed to reduce the availability or sales of drugs within our communities," said Eunisses Hernandez of the Drug Policy Alliance, which supported the bill. "These extreme and punitive polices of the war on drugs break up families and don't make our communities any safer."

The bill is part of a set of bills known as the #EquityAndJustice package aimed at reducing inequities in the system. Authored by state Sens. Holly Mitchell (D-Los Angeles) and Ricardo Lara (D-Long Beach), the package also includes Senate Bill 190, which would end unreasonable fees on the families of incarcerated children and also sits on the governor's desk, as well as Senate Bill 355, which will end the requirement that innocent defendants reimburse the counties for the cost of appointed counsel. Brown has already signed that into law. "Harsh sentencing laws have condemned a generation of men of color, and with SB 180 and other bills in the Equity and Justice package we are on our way to restoring the values of rehabilitation to the criminal justice system," Lara said.

When Washington is in the hands of authoritarian, law-and-order politicians like Trump, Sessions, and the Republican Congress, it's time for the states to step up. California is showing how it's done.

The 2017 International Drug Policy Reform Conference, October 11-14, Atlanta

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This year, attendees will have the opportunity to spend three days deepening connections with people committed to finding alternatives to the war on drugs while participating in sessions facilitated by leading experts.

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Chronicle AM: Orrin Hatch Punningly Files MedMJ Bill, DOJ #2 Speaks Out on Pot, More... (9/14/17)

What got into Orrin Hatch? Plus, Nevada could be the first state to allow pot lounges, the US Deputy AG says DOJ is still pondering marijuana policy, and more.

Marijuana Policy

Deputy Attorney General Says DOJ Still Reviewing Marijuana Policy. In an appearance at the conservative Heritage Foundation Thursday, Deputy Attorney General Rod Rosenstein said the department was still looking at its options on marijuana policy. "We are reviewing that policy. We haven't changed it, but we are reviewing it. We're looking at the states that have legalized or decriminalized marijuana, trying to evaluate what the impact is," he said in remarks reported by Tom Angell for Forbes. "And I think there is some pretty significant evidence that marijuana turns out to be more harmful than a lot of people anticipated, and it's more difficult to regulate than I think was contemplated ideally by some of those states," he said.

Maine Draft Legalization Bill Would Let Dispensaries, Caregivers Sell to Recreational Market. The bill legislators have drafted to rewrite the state's voter-approved pot legalization law includes a provision that would let the state's eight licensed medical marijuana dispensaries apply for a license to sell in the recreational market. But they would have to have separate entrances and sales counters for medical and recreational customers. State-certified caregivers could also apply for recreational sales licenses.

Nevada Regulators Clear Way for Pot Clubs and Lounges. The state Legislative Counsel Bureau said on Monday that state law does not prohibit counties or municipalities from allowing clubs or lounges where patrons can use marijuana. It's up to the localities, the bureau said. Doing so would allow tourists and visitors to have a place to indulge. While pot is legal in the state, it cannot be consumed in public, in casinos, or in hotel rooms, leaving visitors with no place to take advantage of the pot law.

Medical Marijuana

Orrin Hatch Files Medical Marijuana Research Bill, Makes Bad Weed Puns. Senator Orrin Hatch (R-UT) introduced the Marijuana Effective Drug Study Act of 2017, or MEDS Act, to improve the process for conducting scientific research on marijuana as a safe and effective medical treatment. In introducing this legislation, Senator Hatch was joined by Senator Schatz (D-HI) and cosponsors Senator Chris Coons (D-DE), Senator Cory Gardner (R-CO), and Senator Thom Tillis (R-NC). "It's high time to address research into medical marijuana," Hatch said. "Our country has experimented with a variety of state solutions without properly delving into the weeds on the effectiveness, safety, dosing, administration, and quality of medical marijuana. All the while, the federal government strains to enforce regulations that sometimes do more harm than good. To be blunt, we need to remove the administrative barriers preventing legitimate research into medical marijuana, which is why I've decided to roll out the MEDS Act. I urge my colleagues to join Senator Schatz and me in our joint effort to help thousands of Americans suffering from a wide-range of diseases and disorders. In a Washington at war with itself, I have high hopes that this bipartisan initiative can be a kumbaya moment for both parties." [Bolding done by Drug War Chronicle.]

Arizona Supreme Court Won't Let State Officials Use Federal Law to Get Around State Law. The high court on Tuesday declined to review a Court of Appeals ruling that federal law does not trump the state's voter-approved medical marijuana law. The lower court had ruled that even though marijuana remains illegal federally, federal law does not preempt the state from allowing patients to use it. The case had been filed by recalcitrant Maricopa County Bill Montgomery (R), who didn't want to heed the will of the voters.

This Week's Corrupt Cops Stories

An Illinois DA gets indicted for asset forfeiture abuses, a Boston cop pleads guilty to extorting cocaine from a drug dealer, and more. Let's get to it:

In Ottawa, Illinois, a LaSalle County prosecutor was indicted last Tuesday on 17 charges, including paying personal expenses with money seized under the asset forfeiture program. Brian Towne had run his own police force, which he dubbed the State's Attorney's Felony Enforcement Unit (SAFE), out of his office. The unit seized vehicles, cash, and other assets worth hundreds of thousands of dollars before being ruled unconstitutional by the state Supreme Court earlier this year. The indictment charges that Towne used some of that money to pay for a GMC Yukon and internet service for his personal use.

In Las Lunas, New Mexico, a state prison guard was arrested last Thursday for allegedly smuggling drugs into the Central New Mexico Correctional Facility. Guard Manuel Romero, 21, went down after an inmate died of a drug overdose and surveillance video showed Romero bringing items to his cell. Romero admitted providing drugs on at least three occasions. It's not clear what the precise charges are.

In Putnamville, Indiana, a state prison guard was arrested last Sunday after he admitted smuggling drugs into the Putnamville Correctional Facility. Officer Justin Ray Johnson, 25, went down after prison officials got word he was up to no good. He admitted smuggling drugs to inmates on several occasions. He is now charged with Level 5 felony trafficking with an inmate.

In Boston, a former Lawrence police officer pleaded guilty August 31 to extorting cocaine from a drug dealer by threatening to arrest him. John DeSantis Jr., 45, a 16-year veteran of the force, bought small amounts of cocaine from the dealer for a year without identifying himself as a cop, then in May 2016, showed him his gun and badge, took his cocaine, and threatened to arrest him if he not did continue to supply more coke. DeSantis pleaded guilty to extortion and attempted extortion under color of official right and through the use of threatened force and fear. He's looking at up to 18 months in prison when sentenced in November.

Medical Marijuana Update

Medical marijuana is getting some attention in Congress, Arizona PTSD patients are still out of luck, Michigan dispensaries have three months to shut their doors and get licensed, and more.

National

Last Wednesday, a bipartisan group of senators reintroduced the CARERS Act. Sens. Cory Booker (D-NJ), Al Franken (D-MN), Kirsten Gillibrand (D-NY), Lisa Murkowski (R-AK), and Rand Paul (R-KY) refiled the CARERS Act (Senate Bill 1764). The bill aims to "extend the principle of federalism to State drug policy, provide access to medical marijuana, and enable research into the medicinal properties of marijuana."

Last Thursday, the House GOP leadership blocked a vote to protect medical marijuana states. House GOP leaders won't allow a vote on an amendment to a spending bill that bars the Justice Department from spending money to go after state-compliant medical marijuana programs, several lawmakers said. The Farr-Rohrabacher amendment has protected those state programs for the past four years, but House leaders said "it splits the conference too much so we're not going to have a vote on it," The Hill reported. The move came despite pleas from Rep. Rohrabacher (R-CA) to allow the vote.

Last Friday, the budget deal Trump agreed to preserved medical marijuana protections -- for now. The budget deal agreed to between President Trump and congressional leaders extends federal protections to state-legal medical marijuana programs through December 8. This provides an opportunity for House GOP leaders to rectify their decision last week not to allow a vote on the amendment that for the past four years has blocked the Justice Department from spending federal funds to go after medical marijuana in states where it is legal.

Arizona

On Tuesday, the Supreme Court refused to lift restrictions on medical marijuana for PTSD. The state Supreme Court rejected without comment an argument from the Arizona Cannabis Nurses Association that the former state health director had illegally imposed restrictions on when doctors can recommend the drug for PTSD. The high court's decision leaves intact an earlier Court of Appeals ruling upholding the restrictions. Attorneys for the association say they may take the case to federal court on equal protection grounds.

Iowa

Last Friday, the attorney general cited fed fears to block CBD from out of state dispensaries. The attorney general's office has advised the Department of Public Health not to implement a part of the state's CBD medical marijuana law that would have licensed two dispensaries from bordering states to supply CBD to Iowa patients. "It is possible that state's program may come under increased scrutiny from the federal government," a spokesman told the Des Moines Register, adding that the halt would remain "until the federal government provides further guidance regarding state medical marijuana programs."

Michigan

On Monday, dispensaries were given three months to shut their doors. Existing unlicensed dispensaries must shut their doors by December 15, the state Department of Licensing and Regulatory Affairs said. On that date, the department begins accepting applications to operate under new medical marijuana regulations approved this year. While closing up shop and then applying for a license isn't exactly a thrill for existing dispensary owners, it's better than an alternative proposal that called for the dispensaries to be shut down immediately.

Pennsylvania

Last Friday, a lawsuit put the roll-out of the medical marijuana program in peril. A would-be medical marijuana operator who failed to win a permit to operate in an initial round of permit-issuing filed a lawsuit last challenging the process and seeking an injunction that would require the state to rescind all awarded permits and start over. That's raising concerns about medical marijuana supporters that it could cause needless suffering.

Texas

Last Thursday, the sttate issued its first CBD medical marijuana license. The state has issued a license to Cansortium Texas to grow, process, and sell CBD medical marijuana products to patients. Two other companies have applications in the pipeline. The move comes two years after the legislature approved a bill allowing for CBD use for epilepsy.

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

Chronicle AM: House Blocks Sessions Civil Asset Forfeiture Move, More... (9/13/17)

The House votes to defund Attorney General Sessions' newly revived Equitable Sharing asset forfeiture program, Maine lawmakers want a 20% sales tax on weed, Duterte allies in the Philippines vote to defund the country's human rights commission over its critique of the drug war, and more.

The attorney general isn't smiling over the House's asset forfeiture vote. (senate.gov)
Marijuana Policy

Maine Lawmakers Want to Double Pot Sales Tax. In a draft bill released Tuesday, the legislature's marijuana legalization committee is recommending a 20% sales tax on recreational marijuana. Earlier, the committee had supported a 10% excise tax and a 10% sales tax, but now it's going all sales tax.

Medical Marijuana

Arizona Supreme Court Refuses to Lift Restrictions on Medical Marijuana for PTSD. The state Supreme Court on Tuesday rejected without comment an argument from the Arizona Cannabis Nurses Association that the former state health director had illegally imposed restrictions on when doctors can recommend the drug for PTSD. The high court's decision leaves intact an earlier Court of Appeals ruling upholding the restrictions. Attorneys for the association say they may take the case to federal court on equal protection grounds.

Asset Forfeiture

House Slaps Down Sessions' Move to Reinstate Equitable Sharing Program. In a surprise move, the House voted virtually unanimously Tuesday to curb federal asset forfeitures, a slap in the face to Attorney General Jeff Sessions. Sessions had reinstated a federal civil asset forfeiture program that allowed state and local law enforcement to evade state forfeiture restrictions by handing their cases over to the feds, with the feds then returning 80% of the money to the seizing agency. The move came in a voice vote on an amendment to the Justice Department appropriations bill, which was sponsored by strange bedfellows Reps. Justin Amash (R-MI), Mark Sanford (R-SC), Raúl Labrador (R-ID), Pramila Jayapal (D-WA), Ro Khanna (D-CA) and Don Beyer (D-VA).

Foreign Policy

Feinstein, Grassley Fret Over Colombian Cocaine. The two senior senators, chair and co-chair of the Senate Caucus on International Narcotics Affairs, expressed worries Tuesday that a peace deal between Colombia and the leftist rebels of the FARC had led to a surge of cocaine being imported into the US. Feinstein also used the Senate hearing to express concern that the Trump administration will not adequately fund interdiction law enforcement efforts.

International

Philippine Congress Budgets Measly $20 to Fund Human Rights Commission. No, that's not a typo, and no, we didn't forget some zeroes. Lawmakers allied with President Rodrigo Duterte voted Tuesday to allocate just 1,000 pesos (USD $20) for the Commission on Human Rights, which has repeatedly criticized Duterte's bloody drug war, which has left thousands dead at the hands of police and vigilantes. The funding move was explicit retaliation for the commission's criticism of the human rights disaster. In a Facebook post responding to the move, UN Special Rapporteur on extrajudicial killings Agnes Callamard said Filipinos deserved an independent organization that could hold the government accountable for its misdeeds. "Instead they are getting a 'war on drugs' which, by the president's own account, has failed to curtail addiction rates, while creating a climate of fear and insecurity, feeding impunity, and undermining the constitutional fabrics of the country," she wrote. "If the Philippines Congress is looking for public money being wasted, damaging and hurting the Philippines society, this is it."

Surprise! House Votes to Curb Sessions' Asset Forfeiture Revival

In a surprise move, the House voted virtually unanimously Tuesday to curb federal asset forfeitures, a slap in the face to Attorney General and former Senator Jeff Sessions. Sessions had reinstated a federal civil asset forfeiture program that allowed state and local law enforcement to evade state forfeiture restrictions by handing their cases over to the feds, with the feds then returning 80% of the money to the seizing agency.

In response to a rising clamor over civil forfeiture reform abuses, Obama Attorney General Eric Holder had reined in the program, known as Equitable Sharing. Now, Sessions' attempt to bring it back has been blocked by a congressional coalition of progressives and the ultra-conservative House Freedom Caucus.

The move came in a voice vote on an amendment to the Justice Department appropriations bill, which was sponsored by strange bedfellows Reps. Justin Amash (R-MI), Mark Sanford (R-SC), Raúl Labrador (R-ID), Pramila Jayapal (D-WA), Ro Khanna (D-CA) and Don Beyer (D-VA).

The amendment aims directly at "adoptive forfeiture," the process by which the federal government agrees to take cases brought to it by local law enforcement agencies attempting to skirt state-level restrictions, which can include an outright ban on civil asset forfeiture (seizure without a criminal conviction) or designating that seized funds are to go the general fund or other designated fund -- not the cops.

Critics of civil asset forfeiture argue that the search for lucre distorts policing priorities, creates perverse incentives, and amounts to policing for profit. Numerous states have moved to end civil asset forfeiture outright, while others have imposed various restrictions on the practice.

While Sessions claims the program is needed so that criminals "are not allowed to keep the proceeds of their crime," a whopping 87% of federal asset forfeiture cases take place in cases where there has been no criminal conviction.

The House has acted. Now, it's up to the Senate to act. If the Senate fails to pass a similar measure, the amendment could still become law if it gets adopted by the conference committee that will attempt to sort out differences between the two bills. In the meantime, Sessions has been put on notice that his gift to profit-hungry state and local cops has serious opposition.

Roger Stone Yanked as Cannabis Conference Keynoter

Long-time Republican political trickster and Donald Trump advisor Roger Stone's gig as the keynote speaker at Los Angeles and Boston marijuana expos has been canceled after news of his participation roiled the cannabis community.

Roger Stone is persona non grata to many in the pot industry. (Wikimedia)
The Cannabis World Congress and Business Exposition (CWCBExpo) had selected the white-haired provocateur to address the two marijuana business conferences after Stone came out for legalization early this summer. But Stone's pro-legalization stance wasn't enough to protect him from charges of racism, misogyny, and being too close to Trump, who rode his own racist dog whistles to the White House.

Once the announcement of Stone's participation was made, numerous speakers and exhibitors announced a boycott of CWCBExpo led by the Minority Cannabis Business Alliance, whose members loudly withdrew from the conference.

By last Wednesday, CWCBExpo had had enough of the controversy.

"Following collaborative discussions with numerous partners, participants and interested parties who support the legalization of cannabis in an inclusive manner, Cannabis World Congress & Business Expositions, (CWCBExpo) is announcing that Roger Stone will no longer be featured as a keynote speaker at the upcoming CWCBExpo events in Los Angeles and Boston," the organizers announced in a news release.

Stone's presence would work counter to the expo's goals, they said. The conference's forums "are crucial to the growth and legalization of the cannabis industry and they supersede the distractions that have surrounded the events," the release said.

Stone, of course, wasn't taking the snub lying down. He told the LA Weekly he would sue CWCBExpo.

"Sad day for the First Amendment," Mr. Stone told the newspaper. "The expo is in breach of contract. I will be suing them for $1 million. I will not be deterred from my efforts to persuade the president to preserve access to legal medicinal marijuana consistent with his pledge to the American people."

Don't be too worried about the prankster, though: Stone already has another gig lined up. He just started a new internet and radio program on InfoWars, home of Trump supporter and far-right conspiracy theorist Alex Jones.

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